Cool Change: Evolution And Explanation Of New Florida Rule Of Civil Procedure 1.380(E)
While “paper” discovery demands production of responsive “documents,” in today’s reality, “documents” mainly exist in your client’s–or an opposing party’s–digital world. Until recent amendments to the Florida Rules of Civil Procedure, trial courts generally applied discovery rules created for the physical world to digital problems. Specifically, Florida’s spoliation jurisprudence arose from the loss of physical […]
Navigating Florida’s Changing Daubert Tide In Business Cases
The Florida Supreme Court’s opinion in In re Amendments to the Florida Evidence Code, No. SC19-107, 2019 WL 2219714, at *2-3 (Fla. May 23, 2019), changed the standard for admissibility of expert testimony in Florida. This article explores the impact of the opinion, the distinction between the former Frye standard and Daubert standard for admissibility […]
Beast Of (Shifting) Burden: What Constitutes Undue Burden Sufficient To Shift Esi Production Costs Under Fla. R. Civ. P. 1.280?
While most companies (and people) store the majority of their information electronically, discovery of electronically stored information (ESI) has lagged behind reality. The lower cost of storing documents electronically, as well as the widespread use of email and other electronic messaging systems as the primary form of communication, has made it so that litigants have […]
Online Defamation: Do Hyperlinks Constitute Republication For Florida Defamation And Trade Libel Claims?
These days, businesses are at least equally associated with their websites as with their “brick and mortar” stores. Every Fortune 500 company has a website. 1 The use of hyperlinks 2 on websites is commonplace. In fact, adding hyperlinks to a website is a primary method of increasing the website’s exposure and thereby traffic through […]
