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Florida Supreme Court Declines to Adopt Florida Legislature’s Daubert Amendment

Posted in Articles, Legal Alerts by Robert C. Graham, Jr. and Jeffrey M. Paskert on Thu Feb 16, 2017

For many years Florida followed the Frye standard for the admissibility of expert testimony based upon new or novel scientific evidence.  See Frye v. United States, 293 F. 1013 (D.C. Cir. 1923).   In 2013, the Florida Legislature, through what has been dubbed the Daubert Amendment, replaced the Frye standard with the Daubert standard.  The Daubert standard stems from the United States Supreme Court’s decision in Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), which established the federal court standard for expert testimony.  Since then, federal courts have continued to apply the Daubert standard, and 36 states have adopted the Daubert standard. read more

Motor Vehicle Dealer Bonds: Florida's Fourth District Court of Appeal Punts on Attorneys' Fees Issue

Posted in Articles, Legal Alerts by Matthew G. Davis on Wed Feb 15, 2017

Florida’s Fourth District Court of Appeal recently had the opportunity to provide much needed guidance on the issue of whether a statutory motor vehicle dealer bond caps the surety’s liability for plaintiff’s attorneys’ fees at the penal sum of the bond.  Unfortunately, the court found another issue to be dispositive and declined to rule on the attorneys’ fees issue. 

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