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S.D. Fla.·
2022-06-14
The court granted in part and denied in part motions to exclude expert testimony, allowing some opinions while precluding others that constituted legal conclusions, speculation, or were outside the expert's qualifications.
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M.D. Fla.·
2022-06-09
The court denied plaintiff's motions to exclude expert testimony and for partial summary judgment, finding that issues of fact remained for trial.
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S.D. Fla.·
2022-05-20
The court held that Dr. Stanton's expert opinions are admissible, except for those concerning social media advertising similarity, due to insufficient reliability and helpfulness in that specific area.
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S.D. Fla.·
2022-05-05
The court denied the defendant's motion to strike and exclude the plaintiff's expert witnesses, finding their reports were timely, proper rebuttals, and their methodologies met Daubert standards.
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S.D. Fla.·
2022-04-21
The court granted in part and denied in part the defendant's motion to exclude expert testimony, finding one expert qualified and his methodologies reliable, while deferring final rulings on another expert's opinions.
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S.D. Fla.·
2022-04-20
The court held that expert testimony is admissible if qualified, reliable, and helpful, and that disputes regarding expert consistency or methodology generally go to the weight of the evidence, not its admissibility.
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S.D. Fla.·
2022-04-01
Barbara Hall sued Carnival Corporation after she fell and fractured her wrist when she tripped over an allegedly unreasonably high shower threshold in her cabin aboard the Carnival Valor cruise ship, claiming the cruise line was negligent in creating a dangerous condition, failin
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N.D. Fla.·
2022-03-31
The court held that an expert's opinions on product warnings were inadmissible due to insufficient qualifications, but opinions on safer alternative procedures and products were admissible for risk-utility analysis.
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N.D. Fla.·
2022-03-31
The court granted defendants' motions to exclude the expert opinions and testimony of Dr. Roy Bedard.
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S.D. Fla.·
2022-03-30
The court held that an expert's opinion on future medical care was inadmissible due to lack of specificity, but opinions on medical causation and the reasonableness of past medical bills were admissible.
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M.D. Fla.·
2022-03-22
The court denied the motion to exclude the expert's testimony, finding him minimally qualified and his methodology sufficiently reliable for a bench trial, but granted the motion to strike two new opinions from a supplemental report due to untimely disclosure.
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M.D. Fla.·
2022-03-11
The court held that an expert's opinion on the immateriality of a billing form error was unreliable and an improper legal conclusion, and an opinion that the opposing party could not prove fraud was also an improper legal conclusion, but an opinion on the subjectivity of coding p
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337 So. 3d 13·
Fla. 4th DCA·
2022-03-02
The appellate court reversed a final judgment on attorney's fees, finding that the trial court erred by relying on the testimony of the plaintiff's expert witness. The court held that the expert's testimony was not based on a reliable methodology and that the trial court failed t
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Fla. 4th DCA·
2022-03-02
Philip Morris USA appealed a circuit court's award of attorney's fees to the estate's representative, arguing the court erred by admitting testimony from Naugle's fee expert without properly applying Daubert gatekeeping standards. The Fourth District Court of Appeal held that Dau
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S.D. Fla.·
2022-02-16
The court held that an expert witness cannot testify about revised report sections he did not prepare or understand, and that the expert's methodology for distinguishing preexisting damage from storm damage was unreliable and untestable.
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M.D. Fla.·
2022-02-15
The court granted the motion to exclude expert testimony because the expert was not qualified and his methodology was unreliable.
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S.D. Fla.·
2022-02-14
The court granted in part and denied in part motions to strike expert testimony, finding some opinions inadmissible due to lack of reliability or helpfulness, while others were admissible.
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S.D. Fla.·
2022-01-18
The court denied plaintiffs' motion to exclude defendant's expert witnesses, finding their testimony admissible under Federal Rule of Evidence 702 and the Daubert standard.
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S.D. Fla.·
2021-12-22
The court held that the defendant's motion to exclude plaintiffs' expert witnesses was denied because their testimony met the standards for admissibility under Federal Rule of Evidence 702 and Daubert.
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S.D. Fla.·
2021-11-18
The court granted in part and denied in part the motion to exclude expert testimony, finding the expert qualified but excluding opinions based on unreliable methodology or speculation.
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Del. Super. Ct.·
2021-11-10
The court denied the defendant's motion in limine to exclude the expert testimony and report of Dr. Steven Bojarski, finding the testimony to be relevant, reliable, and helpful to the trier of fact in identifying the perpetrator of a robbery-homicide. The court determined that Dr
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M.D. Fla.·
2021-10-26
A shrimp breeding company (PB Legacy) sued aquaculture companies (American Mariculture and American Penaeid) for breach of contract, misappropriation of trade secrets, and unfair competition after the defendants retained and bred the plaintiff's proprietary shrimp strain without
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S.D. Fla.·
2021-10-18
In Bahr v. NCL (Bahamas) Ltd., a maritime negligence case arising from a cruise ship passenger's slip-and-fall on a gangway, the court issued a comprehensive Daubert ruling that granted and denied both parties' motions to exclude expert witnesses in part. The court admitted the d
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M.D. Fla.·
2021-09-23
The court held that expert testimony on credit reporting industry practices and FCRA standards is admissible, but testimony on legal conclusions and damages is not.
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M.D. Fla.·
2021-09-17
The court held that expert testimony offering an interpretation of an insurance application term constitutes an improper legal conclusion and is inadmissible.
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M.D. Fla.·
2021-09-07
The court held that an expert witness's testimony regarding insurance industry standards and practices is admissible, but testimony offering legal conclusions or interpreting the insurance policy is not.
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S.D. Fla.·
2021-06-25
The court denied the plaintiff's motion to exclude the defendant's expert testimony, finding that challenges to the expert's methodology and factual basis go to the weight of the evidence, not its admissibility, especially in a bench trial.
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M.D. Fla.·
2021-05-20
The court granted in part and denied in part the defendants' motion to exclude certain opinions of Dr. Daniel Elliott, M.D., finding some opinions inadmissible while allowing others.
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M.D. Fla.·
2021-04-28
The court granted in part and denied in part the motion to exclude expert testimony, excluding opinions on the TVT-O device and physician competency but allowing opinions on safer alternatives.
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S.D. Fla.·
2021-04-21
The court held that arguments challenging an expert's reliance on disputed facts or the weight of their opinions go to admissibility, not admissibility under Daubert.
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M.D. Fla.·
2021-04-14
A data breach class action against Brinker International, operator of Chili's restaurants, was brought by three named plaintiffs whose payment card information was stolen from the company's back office systems and subsequently sold on the dark web. The court certified a nationwid
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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.·
2021-03-18
The court held that genuine issues of material fact exist regarding whether the defendant had actual or constructive notice of the dangerous condition, thus denying the motion for summary judgment.
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M.D. Fla.·
2021-03-09
The court held that expert testimony is inadmissible if it offers legal conclusions or information that attorneys can present in closing arguments.
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S.D. Fla.·
2021-03-03
The court granted the FTC's motion to exclude expert testimony, finding it unreliable and unhelpful.
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M.D. Fla.·
2021-01-14
The court held that while an expert is qualified to testify on industry standards and specific medical diagnoses, opinions that conclude conduct was 'professionally intolerable' or 'fraudulent' are inadmissible legal conclusions.
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M.D. Fla.·
2020-12-22
The court granted in part the motion to strike Dr. McMeeking's supplemental report, striking portions that went beyond the scope of the scheduling order, but denied the Daubert motions to exclude the opinions of Dr. Rosen, Dr. Gibbs, and Dr. Mathis.
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Del. Super. Ct.·
2020-12-15
The trial court denied the defendant railway company's motion for summary judgment, finding a genuine issue of material fact regarding when the plaintiff's FELA claim accrued under the discovery rule. The court also denied motions to exclude or limit the plaintiff's expert witnes
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M.D. Fla.·
2020-12-09
The court held that the expert's opinions on specific causation were sufficiently reliable and admissible, but opinions on alternative products and procedures were excluded by agreement.
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M.D. Fla.·
2020-12-08
The court held that a treating physician's expert testimony on medical causation is inadmissible if it is not based on sufficient facts or data and reliable principles and methods, particularly when prior medical history and alternative causes are not adequately considered.
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M.D. Fla.·
2020-11-30
The court granted in part the SEC's motion to exclude expert testimony, finding some opinions improper legal conclusions.
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S.D. Fla.·
2020-11-23
In a bench trial, the court need not strictly apply Daubert gatekeeping before trial, allowing expert testimony of borderline admissibility to be considered and weighed by the court as the trier of fact.
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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.·
2020-10-20
The court granted in part and denied in part the motion to exclude expert testimony, excluding opinions based on speculation and granting admissibility for opinions with a logical connection to the facts.
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M.D. Fla.·
2020-09-30
The court held that the vocational expert's testimony, which used 2008 job numbers with 2009 percentages, had a baseline of reliability sufficient to support the ALJ's step-five finding.
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S.D. Fla.·
2020-09-29
In a bench trial, the court need not strictly apply Daubert pre-trial, and challenges to expert testimony's data or calculations are generally reserved for cross-examination.
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M.D. Fla.·
2020-09-04
The court granted the defendant's motion to limit the plaintiff's expert testimony, excluding all five challenged opinions.
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M.D. Fla.·
2020-08-19
The court held that the defendants' motion to exclude the expert's testimony was denied because the expert's opinions were sufficiently reliable and relevant under the Daubert standard.
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M.D. Fla.·
2020-07-01
The court granted in part and denied in part the motion to exclude expert testimony, finding the expert's disclosure was timely enough and his opinions sufficiently reliable, except for general opinions on the Align device and legal conclusions.
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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.