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S.D. Fla.·
2020-06-26
In a bench trial, the court need not conduct a strict Daubert analysis before evidence presentation, as the judge can disregard unreliable testimony.
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M.D. Fla.·
2020-04-17
The court held that a plaintiff's expert testimony on causation was admissible, precluding summary judgment on that basis, but granted summary judgment on claims conceded by the plaintiff or unsupported by evidence.
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M.D. Fla.·
2020-03-13
The court held that Gregory Hilz's RICO claim fails for lack of predicate acts, but his fraud and conspiracy claims survive. The court also denied a motion for judgment on the pleadings regarding punitive damages and excluded certain expert testimony.
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S.D. Fla.·
2020-03-06
The court granted in part and denied in part the defendant's motions to exclude expert testimony, finding the expert qualified and his opinions generally reliable, but striking a portion deemed unhelpful and not requiring specialized knowledge.
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S.D. Fla.·
2020-02-20
The court held that the defendants' motion to exclude the plaintiff's expert witness testimony is denied, as the expert is qualified, his methodology is sufficiently reliable, and his testimony will be helpful to the trier of fact.
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S.D. Fla.·
2020-01-27
The court denied Defendant's Daubert motion regarding Plaintiff's experts Biller, James, and Thomas, finding them qualified and their methodologies sufficiently reliable and helpful. Plaintiff's Daubert motion was granted in part and denied in part.
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Fla. 5th DCA·
2020-01-16
Giovanni Vega appeals the summary denial of his successive Rule 3.850 postconviction motion challenging his 1999 murder conviction. The district court reverses the denial of Vega's first claim based on newly discovered evidence—a 2009 report by Dr. William Anderson that questions
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S.D. Fla.·
2020-01-14
The court denied both parties' motions to exclude expert testimony, finding the experts qualified and their methodologies sufficiently reliable and helpful.
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M.D. Fla.·
2019-12-23
The court held that a non-retained medical examiner's opinions based on autopsy findings and offered in a timely disclosed report do not require a separate expert report under Rule 26(a)(2)(B), and that challenges to the reliability or chain of custody of toxicology reports and t
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M.D. Fla.·
2019-12-19
The court held that a survey expert's methodology was reliable and admissible, even if minor issues existed, because the universe surveyed was appropriate for assessing the fame required for trademark dilution claims.
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M.D. Fla.·
2019-11-14
The court held that the expert's testimony was inadmissible because it was not based on sufficient facts or data and was not the product of reliable principles and methods, failing to meet the requirements of Federal Rule of Evidence 702.
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S.D. Fla.·
2019-11-06
The court held that the defendant's Daubert motion to exclude the plaintiff's expert testimony on life expectancy is granted because the expert's opinion was unreliable and not helpful to the trier of fact.
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S.D. Fla.·
2019-08-29
The court granted in part and denied in part the plaintiff's motion to exclude expert testimony, excluding legal conclusions from one expert but allowing the testimony of two others.
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Del. Super. Ct.·
2016-02-26
The Court GRANTED in part and DENIED in part Defendants' Daubert Motion to Exclude the Testimony of Mr. Scott D. Reynolds. The Court found Reynolds qualified and his opinions generally reliable and relevant, but excluded his testimony regarding the concentrations and dispersion o
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Del. Super. Ct.·
2015-02-26
The court deferred a decision on the defendant's motions to exclude the testimony of the plaintiff's two expert witnesses, Dr. Gillum and Dr. Barnes. The court found that the plaintiff had not met the burden of establishing the relevance and reliability of the experts' testimony
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Del. Super. Ct.·
2013-08-27
The court denied the defendant's motion for summary judgment and motion to preclude expert testimony. The court found that the plaintiff presented sufficient evidence to create genuine issues of material fact regarding the existence of a hazardous condition and the defendant's no
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810 F. Supp. 2d 815·
S.D. Fla.·
2013-07-24
The court denied the plaintiff's motion to amend the complaint to add a non-diverse party because the primary purpose appeared to be defeating diversity jurisdiction, and the plaintiff had been dilatory and would not be significantly prejudiced.
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521 F. Supp. 2d 1185·
S.D. Fla.·
2013-02-27
The court held that it misapplied prior case law and that a lender who takes title to a condominium project and offers units for sale is a 'developer' subject to statutory implied warranties, even if it did not perform the construction.
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Del. Ch.·
2012-07-20
The Court denied Defendants' motion to supplement the record, finding they failed to demonstrate excusable neglect or diligence in producing evidence they possessed. The Court also denied Defendants' motion for reargument on most grounds, except for a stipulated correction to the
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Del. Super. Ct.·
2012-04-20
The court granted defendants' motions in limine to exclude the testimony of William Kunzman, P.E., and Walter Kilareski, P.E., finding their opinions unreliable or unsubstantiated by scientific principles. The court denied the motion to exclude the testimony of Frederick G. Breme
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137 So. 3d 1024·
Fla. 2d DCA·
2011-04-18
Anthony D'Arcangelo, a life-imprisoned defendant, sought certiorari review after the circuit court denied his motion for a competency determination and stay of postconviction relief proceedings. The court held that due process requires D'Arcangelo be found competent before procee
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Del.·
2010-11-10
The Superior Court did not err in denying the defendant's motion to suppress evidence found during the search of his vehicle, as probable cause was established by the totality of the circumstances and the alleged omissions from the affidavit were not material. Furthermore, the tr
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Del. Super. Ct.·
2010-03-31
The court held that the plaintiff's specific causation expert testimony was inadmissible under the Daubert standard. The expert failed to adequately explain her methodology, relied too heavily on the temporal relationship between Seroquel exposure and diabetes onset, and did not
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Del. Super. Ct.·
2009-09-14
The Delaware Supreme Court held that the State's proffered crime scene analysis testimony from R. Stephen Mardigian was inadmissible. While Mardigian was qualified and the subject matter relevant, his opinions lacked sufficient reliability because they had not been statistically
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Del. Super. Ct.·
2005-06-23
The trial court did not err in excluding the plaintiffs' expert witnesses under Delaware Rule of Evidence 702 and the Daubert standard, as their testimony was found to be unreliable, irrelevant, or based on insufficient qualifications. Consequently, the grant of summary judgment
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Del. Super. Ct.·
2004-06-28
The court granted the defendant's motion in limine and motion for summary judgment, finding that the plaintiffs failed to present admissible expert testimony and did not establish the essential elements of their negligence and breach of contract claims. The court determined that
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Del.·
2004-02-13
The Delaware Supreme Court affirmed the trial court's decision to exclude biomechanical expert testimony, holding that such testimony must be reliable, relevant, and trustworthy, and must bridge the gap between general forces and specific individual injuries, considering the plai
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290 F. Supp. 2d 1315·
M.D. Fla.·
2003-07-28
The court adopted the magistrate judge's recommendation to exclude one expert witness entirely and permit testimony from two others on specific religious matters, while disallowing testimony on legal conclusions.
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Del. Super. Ct.·
2002-01-02
The court granted the plaintiff's motion to exclude the defendant's expert witness's causation opinions. The court found that the expert's methodology was not scientifically valid and was factually flawed, relying on misinterpretations of studies and misapplications of diagnostic
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61 F. Supp. 2d 1354·
S.D. Fla.·
1999-09-07
The court held that expert testimony must be scientifically valid and reliable, excluding testimony that was speculative, untested, or not generally accepted in the scientific community.
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967 F. Supp. 2d 982·
S.D. Fla.·
1999-08-10
The court held that the fraudulent concealment doctrine can be adjudicated on a class-wide basis, despite variations in state law regarding reliance and burdens of proof, and that the continuing breach doctrine does not apply to toll the statute of limitations in this case.
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697 So. 2d 177·
Fla. 5th DCA·
1997-06-27
On remand, the Fifth District Court of Appeal reconsidered whether defense counsel's objection to expert testimony about a child's behavior being consistent with sexual abuse was sufficiently specific to preserve the issue for appeal. The court held the objection was sufficient a