Episode 4 – Prove It!
The Florida Justice Association Research and Education Foundation
English - March 28, 2017 17:12 - 11 minutes - 16.4 MB - ★★★★★ - 10 ratingsGovernment florida justice lawyer trial Homepage Download Apple Podcasts Google Podcasts Overcast Castro Pocket Casts RSS feed
In a major victory for civil justice advocates, the Florida Supreme Court in February 2017 threw-out the Daubert Standard of expert witness testimony, pointing to “grave constitutional concerns.” Four years earlier, the Florida Legislature passed Daubert into statute as a replacement to the longstanding Frye Standard, after pressure from business interests. But the Court declined to adopt it, as well as the “Same Specialty” rule, siding with the Florida Bar and FJA’s concerns that doing so would risk undermining the right to a jury trial and deny access to the courts.
Troy Rafferty and Paul Jess, who championed the Florida Justice Association’s successful efforts to eliminate the Daubert Standard in Florida courts explain in this program why the Court’s decision on expert testimony is so important for Florida’s trial attorneys and warn practitioners that it’s still critical to have Daubert ruled unconstitutional, to the extent it is procedural.
Program Note: Attorneys who are facing this argument and want to preserve the constitutional challenge to Daubert can refer to the arguments made in Nixon vs. R.J. Reynolds Tobacco Company (http://bit.ly/RJRcase) in the 15th Judicial Circuit Court, Palm Beach County, February 27, 2017.
Other documents of reference mentioned in this podcast:
Report of the Florida Bar Code and Rules of Evidence Committee
(http://bit.ly/SCOFLAFLBAR)
Baricko v. Barnett Transportation (Workers' Compensation)
(http://bit.ly/Baricko)