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In personal injury litigation, surveillance is one of the most important tools available to defense counsel. When used strategically, surveillance can undermine exaggerated claims of injuries, challenge witness credibility, and provide juries with an objective measure of a plaintiff’s true physical capabilities following the alleged injury. However, in order to maximize its impact, defense attorneys […]

As all construction professionals involved in litigation are likely aware, in 2013, the Florida Evidence Code began mirroring the Supreme Court’s standard for admitting expert opinions as outlined in Daubert v. Merrell Dow Pharmaceuticals, Inc.[i] After years of debate on whether Daubert or the longstanding Frye standard should dictate the admissibility of expert opinions, the […]

A game is being played concerning the role of treating physicians in personal injury actions, and you should know how it affects your defense. ‘Treating physician’ is a simple enough phrase.  From an initial perspective, one might think it simply refers to a medical doctor providing ordinary care, but it has a loaded—and often complex—definition […]

In civil defense practice, particularly in the realm of personal injury litigation, the plaintiff’s deposition is one of the most consequential events in the life of a case. A well-executed and prepared deposition can often define a case’s trajectory, control damages exposure, open new avenues of discovery, and provide opportunities for impeachment at trial. However, […]

When faced with a large loss, all eyes turn toward a party’s excess carrier if that party had the foresight to obtain excess coverage.  A large body of case law focuses on when a primary layer of coverage is considered “exhausted,” and whether a primary carrier’s insolvency will trigger excess coverage.  (See, e.g., Alabama Ins. […]

The role of expert witness opinion testimony is vital in litigation, though you’d probably never know it from watching a show like Suits. A potential pitfall of litigation arises when one assumes that because they’ve hired an expert, that expert’s opinions will be automatically admissible.. However, litigants must ensure that their expert’s qualifications and methodology […]

Res Ipsa Loquitur – Overview Res ipsa loquitur is a Latin term meaning “the thing speaks for itself.”  In practice, although res ipsa loquitur is an evidentiary doctrine, it also essentially acts as a common law cause of action, rooted in negligence, with its own elemental test.  So why bring a res ipsa negligence claim?  […]