Insights


Warranty and Lemon Law

Florida Supreme Court Holds FTC’s “Single Document Rule” Does Not Apply to Binding Arbitration Agreements Under Magnuson-Moss Act

On February 18, 2021, the Florida Supreme Court held that binding arbitration of a consumer...

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Product Liability

30(b)(6) Discovery in the Age of COVID-19

Defending corporate representative depositions in the new reality. If there is one lesson all trial...

Commercial Litigation

New Year, New Florida Summary Judgment Standard

It’s Time to Adapt Your Litigation Strategy to a More Flexible Summary Judgment Standard On...

Product Liability

Fourth DCA Adopts Risk-Utility Test as the Standard for Some Design Defect Claims

Recently, the Florida Fourth District Court of Appeal opened the door to moving away from...

Product Liability

Product Liability and Other Similar Incidents: Evidence That Passes the “Substantial Similarity” Standard and Methods of Protection for Defendant Manufacturers

Introduction The admissibility of evidence of “other similar incidents” (“OSI”) frequently arises in product liability...

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Product Liability

Daubert Applies Retroactively, Explains Fourth DCA

The Fourth District Court of Appeal recently issued a reminder that Daubert is the standard...

Product Liability

The Rise and Defense of Optional Feature Litigation

John’s Bad Day On a Sunday afternoon, John was driving his new 2017 base model...

Commercial Litigation

INSIGHT: Florida Embraces Daubert Standard – Key Takeaways for Expert Testimony

This article was originally published by Bloomberg Law on July 5, 2019.  Florida’s top court...

Product Liability

In Reversal of Prior Opinion, Florida Supreme Court Adopts Daubert Standard, Rejects Frye

Today, in a sudden reversal of direction, the Supreme Court of Florida receded from its...

Product Liability

Florida Supreme Court Rejects Daubert, Returns Florida to Frye Standard

On October 15, 2018, the Supreme Court of Florida invalidated the 2013 legislative changes to...