“State high court ruling leads to more stringent standard on expert testimony” by John Breslin was published inThe Florida Standard on June 20. In the article, Dan Gerber offers insight on the Florida Supreme Court’s ruling. 

State courts are now operating under the Daubert standard, replacing Frye, and coming into line with the federal benches. It came into immediate effect following the Florida Supreme Court’s late-May decision.

“One key takeaway is that for about 30 years, Florida courts have had two systems for admitting expert testimony, one in federal, and one in state,” Dan Gerber, of RumbergerKirk, told the Florida Record. “The main point is that [this] brings all the Florida courts under a single standard.”

Gerber noted that “very few” states, and their courts, now operate under the Frye standard, adding “I do not view this as a political decision … this decision recognizes Daubert as the prevailing standard.”

As for the impact on the court system in Florida, Gerber said that for the majority of litigants it will not make a difference as expert testimony is drawn on in more complex cases.

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