The Florida Supreme Court rejected a 2013 law intended to bring the state’s expert witness standard in line with most others states—this is otherwise known as the Daubert standard. The change in standard was backed by the Republican-controlled Legislature and business groups but opposed by plaintiffs’ attorneys. Supporters of the Daubert standard maintain switching to it would keep “junk science” out of court cases, while opponents argue a change in standard would make cases more expensive and time-consuming.
Writing for the majority, Justice Peggy Quince noted Florida’s adherence to the Frye standard set by the 1923 U.S. Supreme Court decision and the Legislature’s attempt to impose the Daubert standard followed in federal courts and 41 states. Quince noted that “Frye relies on the scientific community to determine reliability whereas Daubert relies on the scientific savvy of trial judges to determine the significance of the methodology used.” Justices Barbara Pariente, R. Fred Lewis and Jorge Labarga concurred.
Justice Quince further noted that the Florida Legislature has authority over substantive law while the Court is responsible for procedural standards, and the question of standards was one for the Court alone to decide under the separation of powers, Quince said in the 39-page opinion. This 4-3 decision overturned a ruling by the Fourth District Court of Appeal and ordered reinstatement of an $8 million verdict for Richard DeLisle, who blamed his mesothelioma on exposure to asbestos in cigarette filters and in workplaces.
If you are interested in obtaining a copy of this decision or wish to contact us to discuss this case further, you may contact us at blog@miamimaritimelaw.co.
Justice Peggy Quince, author of the opinion
Picture provided by florida-issues.blogspot.com