Articles

Is It an Offset?

In many complex civil litigation matters, there exists a possibility that certain parties – but not all – will settle before trial.  The question then arises is there an “offset” of the settlement monies paid to plaintiff(s) that remaining defendant(s) could rely upon should plaintiffs prevail?  As always, the answer is, it...

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Challenging Novel Expert Testimony Under

Florida Follows Frye Florida Rule of Evidence Section 90.702 governs the admissibility of expert testimony:  [i]f 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 a n expert by knowledge, skill, experience, training,...

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Fighting Incomplete Interrogatory Answer

“Pretrial discovery is not intended as a game.” Robinson v. Weiland, 988 So.2d 1110, 1113 (Fla. 5th DCA 2008).  Applicable Standards Governing Interrogatories An interrogatory “may relate to any matters that can be inquired into under rule 1.280(b).” Fla. R. Civ. Pro. 1.340(b); see also Amente v. Newman, 653 So.2d 1030, 1032...

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