Analysis

Fla. Justices Split Attys With New Expert Witness Standard

Law360 (June 17, 2019, 5:56 PM EDT) -- Injury defense attorneys in Florida were pleasantly surprised by the state high court's recent adoption of the federal Daubert standard for expert witness testimony, saying it provides parties with a mechanism to challenge conclusory expert opinions, but the plaintiffs bar warned that the out-of-the-blue shift could drive up costs and lead to frivolous litigation.

The newly conservative-leaning Florida Supreme Court did an about-face last month and adopted stricter federal standards for the admittance of expert testimony, incorporating a 2013 law requiring the stricter standard less than one year after rejecting it over concerns it would undermine the right to a jury...

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