Taylor Day Law

The Briefing

Author: Amanda Ingersoll

Florida Supreme Court Rules Frye, not Daubert, is the Appropriate Test in Florida Courts

In April of 2013, the Florida Legislature passed a bill to amend the statutory standard for admission of expert testimony at trial, adding Florida to a long list of states rejecting the longstanding Frye standard and adopting the current federal standard, known as Daubert, in its place.  However, in the five years since it became effective, challenges to the constitutionality of the amendment has generated much debate and confusion regarding how an expert’s opinion is evaluated to determine whether it may be offered at trial.  A trial judge in Florida has broad discretion to determine the subject matter of an expert’s testimony; however, the court is bound to and must nonetheless follow applicable law.  Earlier this week the Florida Supreme Court released its opinion in DeLisle v. Crane Co., No. SC16-2182 (Fla. Oct. 15, 2018), weighing in on what the law actually is – and according to the court, the winner is Frye. Prior to the 2013 amendment, section 90.702, Florida Statutes, stated: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. As amended in 2013, section 90.702 provides: Testimony by experts.—If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the […]

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ALFA International Publishes 2018 Construction Law Compendium

ALFA International Publishes 2018 Construction Law Compendium

ALFA International recently published their 2018 Construction Law Compendium, which covers various aspects of Florida construction law.  Selected to inclusion was an article written by Amanda Ingersoll.  Amanda is part of the Firm’s Construction Litigation Team and has represented clients at trial and at appellate level for claims associated with the planning and development of various projects including family residences, condominium developments, commercial buildings, and roadway projects.  View her complete bio. About ALFA International:  ALFA International is the premier global network of independent law firms. Founded in 1980, ALFA International was the first and continues to be one of the largest and strongest legal networks. With 150 members firms throughout the world, their 80 U.S. firms maintain offices in 95 of the 100 largest metropolitan areas. Their 70 international firms are located throughout Europe, Asia, Australia/New Zealand, Africa, Canada, Mexico and South America. ALFA International’s mission is to use relationships to provide high quality, cost-efficient legal services wherever clients need them. The ALFA International model enables members to use their local expertise to deliver highly effective legal solutions, often drawing upon the collective wisdom and experience of other member firms. ALFA International clients benefit from a geographically comprehensive network of exceptional law firms and accomplished trial and business counsel. Member firms meet high standards to be part of the ALFA International network and are well respected by their peers in the legal and business community. Taylor Day is proud to be a member of this premier global network. ALFA_Compendium_2018-Florida

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