Florida courts have historically relied on the standards set forth in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923) (“Frye”) to determine the admissibility of expert opinions and testimony. Though the Florida Supreme Court adopted Frye in the mid-1980s, Florida courts had applied this standard long before then. See Bundy v. State, 471… Continue Reading
Category Archives: Florida Courts
Subscribe to Florida Courts RSS FeedFlorida Court of Appeal’s Recent Reversal of $21M Asbestos Verdict Highlights the Inherently Speculative Nature of Asbestos Claims
Posted in Asbestos Litigation, Florida Courts, Premises LiabilityOn August 30, 2016, a Miami-Dade jury awarded Richard Batchelor and his wife more than $21 million after finding that his mesothelioma arose, in part, from asbestos exposure during overhaul work at a Florida Power & Light Co. (FP+L) power plant. On December 27, 2017, the Third District Court of Appeal erased the verdict against… Continue Reading
Florida Plaintiff Receives $6.9 Million Judgment After Florida Appellate Courts Require Jury To Be Instructed With A More Consumer Friendly Test
Posted in Asbestos Litigation, Florida CourtsIn 2015, the Florida Supreme Court issued a decision in Aubin v. Union Carbide, which mandated that juries be instructed on the “consumer expectations test.” On November 28, 2017, seven years after initially filing her lawsuit, a plaintiff in Miami-Dade County won a $6.9 million asbestos verdict in a retrial based on the Aubin decision,… Continue Reading
Florida Supreme Court’s Recent Decision Places Objections to Amendment 7 Discovery on Life Support
Posted in Florida Courts, Medical MalpracticeSince 2004, the Florida Supreme Court has examined a series of objections raised by defendants to avoid producing records of “adverse medical incidents.” In each case, the Court has found that Amendment 7 to the Florida Constitution, which grants broad rights of record access to medical patients, abrogates any Florida statute that would otherwise prohibit… Continue Reading
Florida Medical Malpractice Non-economic Damage Caps: Before and After Kalitan
Posted in Florida Courts, Insurance Litigation, Litigation Trends, Medical MalpracticeNo, this is not déjà vu. On June 8, 2017, the Supreme Court of Florida struck down another legislative mechanism to limit damages in personal injury cases. In North Broward Hospital District v. Kalitan, the Supreme Court decided that non-economic damage caps on medical malpractice actions violate the Equal Protection Clause of the Florida Constitution…. Continue Reading
Recent Appellate Court Ruling Extends the Application of the Common Law Marriage Before Injury Rule to Apply in Florida’s Wrongful Death Claims
Posted in Asbestos Litigation, Complex Torts, Florida Courts, Litigation Trends, Products Liability, Toxic TortIn a 2-1 opinion, the Fourth District Court of Appeal continued to apply the law which bars marrying into a cause of action, but a strong dissenting opinion and noted public policy concerns could trigger further review. In Florida, as in various other jurisdictions, the courts follow the common law marriage before injury rule. This… Continue Reading
Editors
Brian Gross
Brian D. Gross is a partner at MG+M who has extensive experience in a broad spectrum of litigation. He is also a member of several corporate defendants’ national trial teams. MoreJennifer A. Whelan
Jennifer A. Whelan is a partner in MG+M’s Boston office, her practice focuses on defense of asbestos, mass tort, products liability, and general liability matters. Jennifer serves as national coordinating counsel in asbestos litigation matters. In this role, she works closely with a variety of corporate and expert witnesses to prepare cohesive litigation defense strategies. More
Contributors
Cory Lapin
As an associate in MG+M's Miami office, Cory D. Lapin practices high-exposure complex litigation. He has significant experience in areas such as medical malpractice, products liability, mass torts, and catastrophic injury litigation. More
Helen M. Buckley
As an associate in the firm’s New Orleans office, Helen M. Buckley focuses her litigation practice on a number of complex litigation practice areas, including asbestos litigation and toxic tort relating to premises, products, and general liability. MoreStephanie M. Spritz
As an associate in the firm’s Miami office, Stephanie M. Spritz’s practice includes defending clients in complex litigation matters. MoreIan A. Epperson-Temple
Ian A. Epperson-Temple is an associate with MG+M based in the firm’s Boston, Massachusetts office. He is a member of the Complex Litigation Practice Group and focuses his practice on defending a variety of complex civil litigation matters including premises liability, products liability, toxic tort liability, and general defense liability. More
Alexander L. Zodikoff
Alexander L. Zodikoff is an associate in MG+M's Boston, Massachusetts office, where he is a member of the Complex Litigation Practice Group. More
Emily Westfall
Emily Westfall is an associate in the firm’s San Francisco office. Her practice includes defending clients in toxic tort, products liability, employment discrimination, wage and hour, class action, and construction litigation. Her experience defending cases from beginning to resolution includes crafting innovative pre-trial and trial strategies, initiating aggressive discovery, deposing key witnesses, and successfully advocating for clients in court. More
Eddie Dennis
Eddie Dennis is an associate in MG+M's Irvine, California office. His practice focuses primarily on toxic tort liability, premises liability, general liability and construction law. Eddie represents entities such as product manufacturers, premises owners, and contractors through all phases of pre-trial litigation. More
Daniel Shevtsov
Daniel Shevtsov is an associate in the firm’s Walnut Creek office. His practice focuses on construction litigation, real estate, personal injury, products liability, and general civil litigation. More
Sean McGah
An Associate in the Irvine, California office, Sean dedicates his practice to multiple-party complex litigation, mainly cases involving environmental tort and asbestos litigation. Sean has extensive experience defending premise owners, contractors, product manufacturers, and product suppliers. More
Stephanie M. Batchelder
Stephanie M. Batchelder is a partner in the firm’s Products Liability and Complex Tort Litigation Group. Her practice has a primary focus on insurance defense, products liability and asbestos-related toxic tort cases in Massachusetts and Rhode Island. More
Abby Adams
Abby Adams is an associate in the firm's San Francisco office, where her practice focuses on civil litigation including products liability, toxic tort, professional malpractice and employment law litigation. In addition, Abby has experience negotiating business and event contracts on behalf of small to medium-sized businesses. More
Javier F. Flores
Javier F. Flores is a partner with MG+M, whose trial and litigation practice focuses on food-borne illness, product liability, professional liability and premises liability matters. Javier has litigated cases throughout the country and has extensive experience defending and counseling clients in civil actions. More
Kaylin S. Grey
Kaylin S. Grey is an associate in MG+M’s Miami office. She is a seasoned litigator whose practice focuses on complex commercial litigation, products liability and toxic tort defense. More
Matthew Giardina
Matt is an associate in the Providence, Rhode Island office, and a member of the firm’s Complex Litigation Practice Group. He focuses his practice in the areas of products liability defense, mass torts, and other complex tort litigation as well as employment law and corresponding litigation.
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Meghan B. Senter
Meghan B. Senter is an Associate with the firm’s Complex Litigation Group, based in the firm’s New Orleans offices. Meghan focuses her practice in the areas of products liability, premises liability, insurance defense, and toxic tort.
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Marisa Pearson
Marisa K. Pearson is an associate with MG+M, whose practice focuses on complex civil litigation, including toxic tort, mass tort, and products liability defense. More
Rebecca Kibbe
Rebecca Kibbe is a partner residing in the Miami office of MG+M. She focuses her practice on product liability and toxic tort defense, specializing in asbestos defense. More
Jonathan Tabasky
Jonathan Tabasky represents architects, attorneys, engineers, real estate brokers and appraisers, and independent insurance adjusters, among others, in negligence/professional malpractice cases. He also represents a broad range of companies in product liability and toxic tort cases including manufacturers of prescription drugs, protective clothing, fittings, heating devices, wire and cable, trucks, aircraft and turbines. More
Nicole Harrison
Nicole Villalvazo Harrison is an associate in MG+M’s Los Angeles, California, office, where she is a member of the Products Liability and Complex Tort Litigation group.
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Jason Cincilla
Jason Cincilla is a partner at MG+M and the lead attorney in the firm’s Delaware office. He conducts and supervises a broad litigation practice, and he has extensive experience in all stages of litigation in many areas. More
Carrie Lin
Carrie Lin is a partner in MG+M's San Francisco office. Her civil litigation practice focuses on tobacco and asbestos matters as well as the prosecution of employment class action matters. More
Eric Skelly
Eric Skelly is a partner with MG+M. He is a civil litigator who focuses his practice on all aspects of civil litigation including food liability matters, business and commercial disputes, products liability, and toxic torts. More
David Davidson
David Davidson is a partner with MG+M and a member of the firm’s Products Liability and Complex Tort Litigation Group.
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Michael Christopher
As an associate in MG+M’s Irvine office, Michael J. Christopher focuses his practice on insurance and asbestos litigation.
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