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But they often make or break a case. That’s why all eyes are on Florida, where the state’s Supreme Court is reviewing whether to change the evidentiary rules to move on from the Frye to the Daubert standard when looking at the admission of expert testimony. Here’s my colleague Celia Ampel’s coverage of the case, which was set to go before the Florida Supreme Court Tuesday. A little background: In 2013, the Florida legislature enacted the Daubertstandard, but the Supreme Court declined to adopt it until the right case come along. Enter DeLisle v. Crane, where an appeals court reversed an $8 million mesothelioma verdict after finding the judge should have excluded expert testimony under Daubert. Plaintiffs attorney Jim Ferraro of the Ferraro Law Firm is expected to argue against Richard Doran of Ausley McMullen who is representing defendant Crane Co., and Elliot Scherker of Greenberg Traurig who is appearing for R.J. Reynolds. So what’s at stake? “Plaintiffs lawyers argue that they would have a harder time getting expert testimony accepted under Daubert, which might mean they take fewer clients or at the very least, lose more cases,” Celia told me. “Defense attorneys argue Daubert levels the playing field for corporations so they aren’t facing giant verdicts that stem from what they argue is junk science. Defense lawyers also say Florida keeping Frye means plaintiffs can venue-shop, since so much of the rest of the country uses Daubert, and that affects defendants adversely, too.” DOJ on Cy Pres: ‘Regrettable,’ Not Reviewable The Justice Department asked the U.S. Supreme Court to reject a petition to review cy pres funds, despite previously calling the controversial payments “regrettable.” Law.com’s Marcia Coyle wrote in this story about the DOJ’s brief opposing a petition to review a settlement between the U.S. government and Native American farmers and ranchers that included $380 million to third party nonprofits. Why is the DOJ opposing this? Because U.S.
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