17 Cited authorities

Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (1993) Cited 26,433 times 228 Legal Analyses
Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
Kumho Tire Co. v. Carmichael
526 U.S. 137 (1999) Cited 12,683 times 30 Legal Analyses
Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"
Quiet Technology DC-8, Inc. v. Hurel-Dubois UK Ltd.
326 F.3d 1333 (11th Cir. 2003) Cited 635 times
Holding that failure to account for allegedly relevant data in generating opinion was a matter of weight, not admissibility
State v. Brown
836 S.W.2d 530 (Tenn. 1992) Cited 870 times
Holding that a nurse may testify as a lay witness about the nature of injuries she personally observed
Maiz v. Virani
253 F.3d 641 (11th Cir. 2001) Cited 429 times 1 Legal Analyses
Holding predicate acts of money laundering proximately caused plaintiffs injury resulting from underlying fraud scheme
U.S. v. Tinoco
304 F.3d 1088 (11th Cir. 2002) Cited 337 times
Holding that the MDLEA jurisdictional requirement goes to the subject-matter jurisdiction of courts, is not an essential element of the MDLEA substantive offense and therefore does not have to be submitted to the jury for proof beyond a reasonable doubt
Trigon Ins. Co. v. United States
204 F.R.D. 277 (E.D. Va. 2001) Cited 84 times
Holding the privilege is waived when work product is provided to a testifying expert who considers it in forming opinions, and the material must be disclosed
Leme v. S. Baptist Hosp. of Fla., Inc.
248 F. Supp. 3d 1319 (M.D. Fla. 2017) Cited 12 times
Case No. 3:15-cv-979-J-34PDB. 03-29-2017 Kristiano LEME, Plaintiff, v. SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC., Defendant. Kenneth B. Wright, Bledsoe, Jacobson, Schmidt, Wright & Sussman, Jacksonville, FL, for Plaintiff. Heather A. Owen, Elizabeth Hoskins Joiner, Constangy, Brooks, Smith, & Prophete, LLP, Jacksonville, FL, for Defendant. MARCIA MORALES HOWARD, United States District Judge Kenneth B. Wright, Bledsoe, Jacobson, Schmidt, Wright & Sussman, Jacksonville, FL, for Plaintiff. Heather
Sanchez-Knutson v. Ford Motor Co.
181 F. Supp. 3d 988 (S.D. Fla. 2016) Cited 7 times
Admitting choice-based conjoint analysis and holding that Ford's evidence of "an active secondary market ... which [Ford] contends shows successful sales of used [vehicles] with no indication of decreased value" may be presented to the jury as refutation evidence but "is not grounds to exclude [plaintiffs' expert's] opinion"
Comer v. Gerdau Ameristeel US Inc.
Case No.: 8:14-cv-607-T-23AAS (M.D. Fla. Jan. 18, 2017) Cited 1 times
Case No.: 8:14-cv-607-T-23AAS 01-18-2017 DANIEL L. COMER, GLEN HUBANKS, RICHARD D. SCOTT, OLIVER FRANK WRIGHT, JR. and STEPHEN SOLOMON, on behalf of themselves and all other persons similarly situated, Plaintiffs, v. GERDAU AMERISTEEL US INC., and GERDAU AMERISTEEL US RETIREE MEDICAL PLAN, Defendants. AMANDA ARNOLD SANSONE United States Magistrate Judge ORDER This matter comes before the Court on Plaintiffs' Motion to Exclude Opinions and Testimony of Defendants' Expert Harley Riedel, Esq. (hereinafter
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 95,836 times 658 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 26,819 times 259 Legal Analyses
Adopting the Daubert standard
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,499 times 35 Legal Analyses
Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
Rule 703 - Bases of an Expert's Opinion Testimony
Fed. R. Evid. 703 Cited 4,749 times 26 Legal Analyses
Explaining that facts or data of a type upon which experts in the field would reasonably rely in forming an opinion need not be admissible in order for the expert's opinion based on the facts and data to be admitted
Rule 704 - Opinion on an Ultimate Issue
Fed. R. Evid. 704 Cited 3,042 times 12 Legal Analyses
Rejecting as "empty rhetoric" the notion that some expert testimony is inadmissible because it usurps the "province of the jury."
Section 12113 - Defenses
42 U.S.C. § 12113 Cited 403 times 16 Legal Analyses
Providing an employer may have "a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace"
Section 1630.2 - Definitions
29 C.F.R. § 1630.2 Cited 8,353 times 141 Legal Analyses
Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"

Pyzynski v. Thomas & Betts Corp.

17 Cited authorities

Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"

Holding that failure to account for allegedly relevant data in generating opinion was a matter of weight, not admissibility

Holding that a nurse may testify as a lay witness about the nature of injuries she personally observed

Holding predicate acts of money laundering proximately caused plaintiffs injury resulting from underlying fraud scheme

Holding that the MDLEA jurisdictional requirement goes to the subject-matter jurisdiction of courts, is not an essential element of the MDLEA substantive offense and therefore does not have to be submitted to the jury for proof beyond a reasonable doubt

Holding the privilege is waived when work product is provided to a testifying expert who considers it in forming opinions, and the material must be disclosed

Adopting Fed.R.Civ.P. 37

Adopting the Daubert standard

Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"

Explaining that facts or data of a type upon which experts in the field would reasonably rely in forming an opinion need not be admissible in order for the expert's opinion based on the facts and data to be admitted

Rejecting as "empty rhetoric" the notion that some expert testimony is inadmissible because it usurps the "province of the jury."

Providing an employer may have "a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace"

Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"