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M.D. Fla.·
2021-05-07
The court granted in part and denied in part motions in limine, excluding certain evidence related to subrogation claims, claim handling comparisons, and post-suit conduct, while deferring a ruling on an affidavit.
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S.D. Fla.·
2021-04-30
The court held that evidence of prior incidents is admissible only if substantially similar, plaintiff's testimony about doctors' statements is admissible to show state of mind, and treating physicians can testify as experts if reports are provided. The court also held that evide
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Fla.·
2021-04-22
Donald James Smith was convicted of kidnapping, sexual battery of a child, and first-degree murder in the brutal rape and murder of eight-year-old Cherish Perrywinkle. The Florida Supreme Court affirmed his conviction and death sentence, rejecting claims regarding change of venue
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S.D. Fla.·
2021-04-19
The court denied the defendant's motion for reconsideration because the defendant failed to present new evidence, intervening law, or clear error, and instead attempted to relitigate issues already decided.
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M.D. Fla.·
2021-04-14
The court held that while late expert disclosures were harmless, one expert was unqualified to testify on certain damages, and another's testimony on lost earnings was duplicative.
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S.D. Fla.·
2021-04-08
The court denied the motion to strike the expert's testimony, finding it admissible under Rule 702 and not excludable under Rule 403.
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S.D. Fla.·
2021-04-05
The court denied the defendant's motions for reconsideration of summary judgment and to preclude testimony, finding no grounds for reconsideration and insufficient basis for exclusion of evidence.
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991 F.3d 1327·
11th Cir.·
2021-03-24
Dontiez Pendergrass was convicted of five counts of armed robbery and related firearm offenses for a series of robberies targeting small businesses in Georgia, based on evidence including surveillance videos showing a distinctive pattern of conduct, ballistics matching a firearm
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M.D. Fla.·
2020-12-22
The court held that evidence of the employer's past treatment of pregnant employees is relevant to proving discriminatory intent, even if the employer presents it as 'reverse me too' evidence.
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S.D. Fla.·
2020-12-03
South Florida civil rights organizations challenged Senate Bill 168, which prohibited local sanctuary policies for immigrants and required cooperation with federal immigration enforcement, arguing the law violated equal protection by targeting minorities. The court granted in par
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S.D. Fla.·
2020-12-02
The court granted in part and denied in part the defendant's motion in limine, allowing evidence of attorney-client communications and damages disclosed in interrogatories, while excluding other categories of evidence not objected to by the plaintiff.
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S.D. Fla.·
2020-12-01
A cruise ship passenger filed a maritime negligence claim after slipping and falling on the pool deck of a Carnival ship, but the court found genuine disputes of material fact precluding summary judgment on whether the defendant knew of the dangerous condition and whether that co
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M.D. Fla.·
2020-11-25
The court ruled on various motions in limine, denying some entirely, granting others in part, and denying others in part, primarily deferring factual disputes and evidence admissibility to trial.
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S.D. Fla.·
2020-11-11
Lay witnesses, including the plaintiff, cannot offer opinion testimony regarding the defective nature of a product or its design, as such claims require expert testimony.
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S.D. Fla.·
2020-10-30
The court held that genuine disputes of material fact exist regarding whether the defendant accepted an order for 2016 model year cars from the plaintiff, thus denying the defendant's motion for summary judgment.
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S.D. Fla.·
2020-08-28
The court denied the defendant's motion for summary judgment on statute of limitations and laches, granted in part and denied in part the plaintiff's motion for partial summary judgment on collateral estoppel, and granted in part and denied in part the defendant's motion in limin
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M.D. Fla.·
2020-08-10
The court granted and denied in part Plaintiffs' Motion in Limine, ruling on the admissibility of various anticipated evidence and arguments.
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M.D. Fla.·
2020-07-15
The court held that the state court's denial of the petitioner's claim of ineffective assistance of counsel was not contrary to or an unreasonable application of federal law, and was not based on an unreasonable determination of the facts.
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S.D. Fla.·
2020-06-30
A motion in limine to exclude evidence is denied if the movant fails to demonstrate clear inadmissibility on all grounds or lacks specificity regarding the evidence to be excluded.
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S.D. Fla.·
2020-05-29
The court held that the plaintiff's expert testimony was inadmissible because the expert's methodology was unreliable and lacked sufficient validation, failing to meet the Daubert standard.
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S.D. Fla.·
2020-04-27
The court denied Defendant's motion to limit treating physicians' testimony and granted in part and denied in part Plaintiff's motions in limine, allowing some evidence while excluding others based on relevance and prejudice.
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Fla. 1st DCA·
2020-04-03
The appellate court affirmed a defendant's convictions for child molestation, holding that the trial court did not err in admitting child hearsay statements. The court found that the trial court's oral findings were sufficient and that the probative value of the hearsay was not o
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S.D. Fla.·
2020-04-03
This consolidated products liability class action case involves bulletproof vests manufactured by Point Blank Enterprises, in which plaintiffs alleged that the company's self-suspending ballistic system (SSBS) vests were defective and prone to falling apart during use. The magist
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Fla. 1st DCA·
2020-03-12
The appellate court affirmed the conviction of second-degree murder and possession of a firearm by a felon. The appellant argued that the trial court erred in several rulings, including admitting evidence, denying a motion for acquittal, jury instructions, and prosecutorial misco
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M.D. Fla.·
2020-02-10
Michael James Harrell challenged his federal conviction for conspiracy and armed bank robbery by filing a habeas corpus petition claiming ineffective assistance of trial and appellate counsel under the Sixth Amendment. The district court rejected all of Harrell's claims that his
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S.D. Fla.·
2020-01-29
The court granted in part and denied in part cross-motions in limine, ruling on the admissibility of various categories of evidence and expert testimony for an upcoming trial.
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S.D. Fla.·
2020-01-15
The court granted in part and denied in part the parties' motions in limine, ruling on the admissibility of various pieces of evidence and arguments for the upcoming trial.
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S.D. Fla.·
2020-01-14
The court held that evidence of a nolo contendere plea involving dishonesty is admissible for impeachment, and evidence of a Department of Labor investigation is relevant to the employer's good-faith defense in an FLSA case.
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S.D. Fla.·
2019-11-21
The court held that the defendant's motion for partial summary judgment on the plaintiff's retaliation claim should be denied because the plaintiff presented sufficient evidence to establish a prima facie case of retaliation, including adverse employment actions and a causal conn
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S.D. Fla.·
2019-10-31
The court held that evidence of lack of notice, subsequent claims, claims history at other locations, and liability insurance are inadmissible, while loss reserve information is admissible for punitive damages. Bifurcation of negligence and gross negligence was denied, but bifurc
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11th Cir.·
2019-10-25
Daniel Ochoa was convicted of Hobbs Act robbery, firearm possession during a crime of violence, and felon in possession of a firearm after two separate trials, and he appealed arguing various errors including violation of his Miranda rights, insufficiency of evidence, and imprope
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S.D. Fla.·
2019-10-24
The court held that evidence of attorneys' fees, liquidated damages, and legal representation is excluded, but evidence of plaintiffs' federal income taxes and prior arrests, convictions, pleas, and pending criminal cases may be admissible for impeachment purposes.
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S.D. Fla.·
2019-10-15
The court granted in part and denied in part Defendant's motion in limine, allowing Plaintiff's personal call log and testimony about call indicia, but excluding expert reports from other cases and evidence of other litigation.
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Fla. 3d DCA·
2019-10-02
The appellate court affirmed a conviction for attempted second-degree murder. The court held that sufficient evidence supported the conviction and that the defendant failed to preserve for appeal his argument regarding the admission of prior bad acts evidence.
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M.D. Fla.·
2019-09-23
The court held that a new trial was not warranted because the jury's verdict was not against the great weight of the evidence and any alleged errors did not render the trial fundamentally unfair or affect the plaintiff's substantial rights.
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Fla. 4th DCA·
2019-09-18
The state petitioned for a writ of certiorari to overturn a circuit court order excluding expert physician testimony regarding whether the defendant-doctor prescribed controlled substances in good faith and in the course of professional practice. The defendant was charged with ra
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275 So. 3d 760·
Fla. 5th DCA·
2019-06-21
A patient's statement in a medical record identifying the cause of an accident is admissible as an admission by a party-opponent under Florida Evidence Code § 90.803(18)(a), even if the statement may have been transmitted through multiple hospital staff members, provided each lay
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273 So. 3d 258·
Fla. 1st DCA·
2019-05-28
Even assuming a Miranda violation occurred during the defendant's custodial interview with a child protective investigator, the error was harmless beyond reasonable doubt because the remaining evidence was extensive, consistent, and the most damaging statements from the interview
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270 So. 3d 395·
Fla. 4th DCA·
2019-03-27
Jury instructions that inadvertently switched the lesser included offense instructions between two counts do not constitute fundamental error where the written instructions provided to the jury and the verdict form interrogatories clearly delineate the proper elements for each co
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273 So. 3d 1046·
Fla. 3d DCA·
2019-03-20
In this Engle progeny wrongful death case, the court reversed a jury verdict in favor of Kenneth Gloger, the personal representative of his wife's estate, against tobacco manufacturers Phillip Morris USA Inc. and R.J. Reynolds Tobacco Company. The reversal was based on the trial
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265 So. 3d 733·
Fla. 5th DCA·
2019-03-08
A trial court does not abuse its discretion in excluding evidence of prior acts of child molestation when the court properly applies the McLean gatekeeping analysis and determines the prior acts are insufficiently similar and the probative value is substantially outweighed by the
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264 So. 3d 1176·
Fla. 1st DCA·
2019-02-28
The trial court did not abuse its discretion in consolidating two separate solicitation cases where both involved attempts to arrange murders of the same witnesses while appellant was awaiting trial, nor in admitting evidence of child molestation that was inextricably intertwined
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5 La. 472·
S.D. Fla.·
2017-10-23
The court held that evidence of the underlying facts of the arrest and the plaintiff's drug use at the time are admissible.
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Del.·
2016-04-04
The Delaware Supreme Court affirmed the Superior Court's judgment, holding that the Due Process Clause does not require a preliminary inquiry into the reliability of an eyewitness identification when the identification was not procured under unnecessarily suggestive circumstances
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182 So. 3d 18·
Fla. 3d DCA·
2015-11-04
The court held that the trial court erred in excluding evidence of a subsequent golf cart incident, as it was significantly probative and the defendant failed to prove the error did not contribute to the verdict.
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Del. Super. Ct.·
2015-09-03
The Court denied the defendants' motions for mistrial and severance. The court found that the witness's mention of witness protection, while improper, did not warrant a mistrial due to the brief nature of the statement, the lack of direct implication of the defendants, and the su
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165 So. 3d 714·
Fla. 4th DCA·
2015-05-13
Victoria Jacobs appealed a civil theft judgment against her brought by Atlantic Coast Refining. The Fourth District Court of Appeal reversed the judgment, finding that the trial court erred by admitting evidence of unproven allegations from a prior, unrelated lawsuit against Jaco
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169 So. 3d 143·
Fla. 4th DCA·
2015-05-06
The court held that an erroneous jury instruction allowing consideration of collateral crime evidence for propensity, compounded by the prosecutor's inflammatory language, requires reversal of the conviction.
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132 So. 3d 1206·
Fla. 3d DCA·
2014-02-19
The court held that the trial court erred in admitting testimony about rifles found in the defendant's residence, as the evidence was irrelevant and its admission was not harmless beyond a reasonable doubt.
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643 F. App'x 54·
S.D. Fla.·
2012-02-22
The court granted in part and denied in part the motion in limine, precluding the plaintiffs police expert from testifying on deliberate indifference and custom/practice of excessive force, but allowing testimony on the use of force.