The Briefing

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 […]

Congratulations to Christina Williams, appointed to be a Barrister, and Katherine Rafferty and Michael Cox, who have been appointed as Associates to the Chester Bedell Inn of Court.  American Inns of Court are designed to improve the skills, the professionalism, and the legal ethics with which the bench and the bar perform their functions.  Joining fellow Barrister and Shareholder, Chris Muller, Christina will assist Associates of the Inn of Court in helping them become more effective advocates, with a keener ethical awareness, by providing them with the opportunity to learn side-by-side with the most experienced judges and lawyers in their communities.  Katherine and Michael will serve one-year terms and Christina will serve a three-year term. 

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.

On Saturday, August 25th, Taylor Day hosted it’s annual Family Day.  Family and friends joined in for some food, fun and games before heading over to TIAA Stadium.  It was a perfect night to root for our hometown team and the Jags delivered with a win over the Atlanta Falcons.  A big thank you to everyone who contributed to the festivities.  Go Jags!  #Duuuval

Taylor Day is pleased to announce that shareholder, Chris Mueller, has been named as one of two co-program chairmen for the ALFA Construction Practice Group.  He will be co-hosting the 2020 ALFA International Construction Law Seminar with John Watt, trial attorney for Baker Sterchi.  ALFA programs are developed by ALFA member attorneys with participation by both clients and members. About ALFA International: ALFA International firms are selected by a rigorous, invitation-only process, then carefully evaluated based on numerous factors, such as: Number and range of practice areas including litigation and trial experience; Quality and diversity of client base; Commitment to client service and diversity; Profiles of practice area leaders and other key lawyers; Reported cases, transactions and other matters; and Awards, recognitions and memberships received or maintained by key lawyers. ALFA International’s memberships are exclusive. Only one law firm represents the ALFA network in each metropolitan area, state, or country. Taylor Day is proud to be the ALFA International representative firm for the Jacksonville area. Through their partnership, ALFA firms exchange non-privileged legal research, consult on trial and transaction strategies and facilitate the pooling of knowledge and resources to host multi-day, practice-specific educational seminars. Taylor Day not only utilizes the resources available through ALFA International to assist clients with their litigation needs, irrespective of the jurisdiction the litigation arises, but to also educate clients on updated case law relevant and specific to their business practice.

Taylor Day is pleased to announce that Construction Practice Group Leaders Reed W. Grimm and Christopher J. Mueller have been selected and accepted the invitation to join the Fellowship of the Construction Lawyers Society of America (CLSA). The CLSA is an invitation-only, international association of preeminent lawyers specializing in, and dedicated to, promoting advocacy and ethical standards in construction law and related fields.  Attorneys are invited into Fellowship upon a proven record of excellence and accomplishment in construction law at both the trial and appellate levels, as well as superior ethical reputations. Reed and Chris have been recognized as SuperLawyers™ by Florida’s Legal Elite and both are peer-ranked AV-Preeminent, the highest ranking designation by Martindale-Hubbell. Additionally, both are also Board Certified by the Florida Bar Board of Legal Specialization and Education in construction law, a distinction that is unique to less than 400 attorneys in the state.  Chris was also recently appointed to the Construction Trades Qualifying Board by Mayor Lenny Curry, which was confirmed earlier this week by the Jacksonville City Council.  Congratulations to you both!

On August 14, 2018, the Jacksonville City Council confirmed the Mayor Lenny Curry’s appointment of Shareholder, Chris Mueller, to the Construction Trades Qualifying Board (CTQB). The CTQB, acting under the authority of Chapter 62 and Chapter 342, Municipal Ordinances, is charged with protecting the residents of the City of Jacksonville from unscrupulous or incompetent members of the construction industry. The Board ensures that the members of the construction industry in general building, residential, roofing, pool, sheet metal, electrical, heating/air-conditioning/refrigeration, plumbing, water treatment installations, irrigation, natural gas, pool subcontractors and carpentry subcontractors meet the competency, financial responsibility, credit and insurance threshold qualifications established under both City Ordinance and state law. Chris co-head’s Taylor Day’s construction law practice.  He is Board Certified by the Florida Bar Board of Legal Specialization and Education in construction law, a distinction that is unique to less than 400 attorneys in the state.  Fellow Shareholder, Reed Grimm, also holds this distinction.    Learn more about the CTQB or view Resolution 2018-426.

The evaluation and acceptance of risk is an essential part of determining whether to issue an insurance policy, the amount of coverage, and the premium the insured should pay for the amount of coverage.  This article, written by Shareholder, Reed Grimm, discusses the significance of underwriting and its potential to impact claim denials.   A_Long_Fly_Ball_is_Still_an_Out_-_Grimm

A very special thanks to all the Taylor Day attorneys and staff who, through their support and generosity, were able to fill 35 backpacks to be donated to the 19th Annual Backpack Challenge.  That is in addition to the sizeable box of teacher-related supplies collected for donation.  The drive was organized by attorney, Brandi Londrico, and donated to Berkshire Hathaway Home Services (Avondale-Ortega), who spearhead’s the Backpack Challenge.  Last year, the drive donated over 1,000+ backpacks for distribution to students of all grade levels and this year’s goal was to beat that number.  We hope our donation helps them reach that goal!

The third article in a three-part series summarizes the current status of the law in each of the federal circuits with respect to whether sexual orientation and gender identity are considered to be protected statuses under Title VII, and also provides a listing of state laws specifically banning sexual orientation or gender identity discrimination. Click to view article. About ALFA International:  ALFA International firms are selected by a rigorous, invitation-only process, then carefully evaluated based on numerous factors, such as: Number and range of practice areas including litigation and trial experience; Quality and diversity of client base; Commitment to client service and diversity; Profiles of practice area leaders and other key lawyers; Reported cases, transactions and other matters; and Awards, recognitions and memberships received or maintained by key lawyers. ALFA International’s memberships are exclusive. Only one law firm represents the ALFA network in each metropolitan area, state, or country.   Taylor Day is proud to be the ALFA International representative firm for the Jacksonville area. Through their partnership, ALFA firms exchange non-privileged legal research, consult on trial and transaction strategies and facilitate the pooling of knowledge and resources to host multi-day, practice-specific educational seminars.  Taylor Day not only utilizes the resources available through ALFA International to assist clients with their litigation needs, irrespective of the jurisdiction the litigation arises, but to also educate clients on updated case law relevant and specific to their business practice.