In a 4-3 split, the Florida Supreme Court finally issued its opinion in Delisle v. Crane, which was the “present case or controversy” determining whether the Daubert expert witness testimony standard is unconstitutional as adopted by the Legislature in 2013 and codified in Section 90.702. In short, the Court determine that the Legislature overstepped its bounds and stepped on the toes of the Court’s rule-making authority, plus the Court considers the Daubert standard to be an infringement on access to courts. The Court held that 90.702 is procedural and not substantive, so the Legislature had no right to deal with expert evidence admissibility issues. The Frye standard is once again the law in Florida. Good news for Plaintiffs, bad news for Defendants.
Read full supreme court here.
Above summary written by Ward Damon lawyer, Jason Handin