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Archive for the ‘Florida Supreme Court Ruling’ Category

Florida Supreme Court Limits Exclusion of Expert Witnesses

Published: November 30th, 2018

By: Michael J. Furbush

A recent Florida Supreme Court decision regarding the admissibility of expert witness testimony is expected to benefit plaintiffs and put more disputed science in front of juries. Florida’s high court has rebuked the Legislature’s attempt to level the playing field by subjecting expert witnesses to additional scrutiny before their testimony can be presented to juries. […]

Pre-Suit Notice of Defect Is An “Action” for Purposes of Statute of Repose

Published: September 21st, 2018

By: Michael J. Furbush Thomas P. Wert

In a case of first impression, Florida’s Fourth District Court of Appeal ruled last week that a construction defect action against a homebuilder was timely because the mandatory pre-suit notice of defect was sent to the builder before the ten-year statute of repose lapsed, even though the lawsuit was filed outside the ten-year period.   The […]