Articles & Publications

February 2017

The Daubert standard for admission of expert testimony at trial is now on life-support in Florida after a 4-2 ruling by the Florida Supreme Court on February 16th. The Court declined to adopt the statute enacted by the Florida Legislature in 2013, which amended the Florida Rules of Evidence to make the Daubert standard the applicable standard for expert testimony, “to the extent procedural.”

December 2016

California courts allow any entity at fault to go on the verdict form. Settled parties, bankrupt companies, entities that are immune from suit, employers, and even general categories like “insulation companies” go on the verdict form in asbestos cases. Although California ranks high on the list of judicial hellholes, the legislature has ensured a more even handed apportionment of fault in California than almost any other state.

  • February 2017

    In a case of apparent first impression, Judge Peter Moulton, the Presiding Judge in the New York City Asbestos Litigation (NYCAL) reversed the Special Master’s recommendation and ordered that a cosmetic talc case be removed from the in extremis docket. Judge Moulton held that “the lack of a defendant connected to plaintiff’s New York city exposure or the lack of identification of any such entity is fatal under the facts presented here.” Those facts included: (1) after 10 months of investigation, plaintiff had not sued or identified any entity alleged to have responsibility for the oven at issue, and (2) plaintiff did not testify that the oven at issue was labeled as having asbestos content. In granting Defendants’ motion, the Judge was careful to limit his ruling to “the specific and unusual facts of this case.”

  • Winter 2017

    As practitioners know, the scope of discoverability under the Federal Rules of Civil Procedure was amended in December 2015; the standard that a request needed to be “reasonably calculated to lead to the discovery of admissible evidence” was omitted and the definition of discoverability became circumscribed by proportionality. Under amended Rule 26, parties may obtain discovery of relevant, nonprivileged information so long as the information sought is

  • December 2016