Unlike 36 other states, the Florida Supreme Court declined to adopt the Daubert Standard which effectively reinstates Florida's so-called Frye standard. The bid would have brought state court standards for expert witnesses in line with federal courts.
“The result is that we are likely to see more verdicts in Florida state courts under a return to Frye based on nonverifiable and scientifically unreliable opinions than in most of the rest of the country,” said Partner Nate Adams. “Another result is litigation over whether Daubert is being deployed in a procedural or substantive fashion, increasing the cost of litigation.”
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