News

McGivney, Kluger, Clark & Intoccia and its clients are always moving forward. This page features recent articles, news releases, and links to sites and blogs, as well as information about upcoming and recent events.

Florida Supreme Court rejects Daubert statute as an unconstitutional infringement on the court’s rulemaking authority, declares Frye to be the law in Florida

Florida Supreme Court rejects Daubert statute as an unconstitutional infringement on the court’s rulemaking authority, declares Frye to be the law in Florida

October 16, 2018 On October 15, 2018, in the Delisle v. Crane Co., matter, No. SC16-2182, the Florida Supreme Court held that the amendments to the Florida Evidence Code to incorporate Daubert are unconstitutional and the Frye standard should be applied. The Florida Supreme Court had already declined to adopt […]

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Florida Supreme Court rejects Daubert statute as an unconstitutional infringement on the court’s rulemaking authority, declares Frye to be the law in Florida

Florida Court precludes an expert from relying on general causation to provide a specific causation opinion at trial

Florida Court precludes an expert from relying on general causation to provide a specific causation opinion at trial

October 16, 2018 The U.S. District Court, Middle District of Florida recently issued an order and opinion excluding the testimony of plaintiff’s expert, Dr. Richard Kradin, in the matter of Doolin v. Ford Motor Co., Case No. 3:16-cv-778-J-34PDB, 2018 U.S. Dist. LEXIS 163678, 2018 WL 4599712 (M.D. Fla. Sep. 25, […]

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Florida Court precludes an expert from relying on general causation to provide a specific causation opinion at trial

J&J Receives Defense Verdict in New Jersey Talc Case

J&J Receives Defense Verdict in New Jersey Talc Case

October 11, 2018 On October 11, 2018, a Middlesex County, New Jersey jury of 5 women and 2 men rendered a defense verdict (7-0) in favor of Johnson & Johnson (“ J& J” ) in the Rosalind and Frederick Henry matter. The jurors found that Plaintiffs failed to prove a […]

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J&J Receives Defense Verdict in New Jersey Talc Case

Bisson v. Wal-Mart Stores, Inc.: “Constructive Notice” and What Constitutes a “Reasonable Length of Time”

Bisson v. Wal-Mart Stores, Inc.: “Constructive Notice” and What Constitutes a “Reasonable Length of Time”

October 3, 2018 In every Connecticut premises liability action, the plaintiff must establish that the defendant had “actual” or “constructive” notice of the alleged defect. In order to establish “constructive” notice of the defect, the plaintiff must prove that the alleged defect existed for a “reasonable length of time” so […]

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Bisson v. Wal-Mart Stores, Inc.: “Constructive Notice” and What Constitutes a “Reasonable Length of Time”

NJ’s Appellate Division Reinstates Medical Malpractice Claim In The Absence of an Affidavit of Merit

NJ’s Appellate Division Reinstates Medical Malpractice Claim In The Absence of an Affidavit of Merit

October 3, 2018 On September 6, 2018, the Appellate Division reinstated Plaintiffs’ Complaint in the matter of Linda Cowley, et al. v. Virtua Health System, et al. , after a trial court dismissed the medical malpractice claim due to Plaintiff’s failure to obtain an “Affidavit of Merit.” One of New […]

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NJ’s Appellate Division Reinstates Medical Malpractice Claim In The Absence of an Affidavit of Merit

Uber is fined $148 Million for cover up of data breach

Uber is fined $148 Million for cover up of data breach

September 27, 2018 Uber, a pioneer in ride-sharing technology, and attorneys general from all 50 states and the District of Columbia, announced today that Uber has reached a settlement agreement for fines in the amount of $148 million for the way it handled a data breach that occurred in 2016. […]

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Uber is fined $148 Million for cover up of data breach

Connecticut Says No to Re-litigating on the Issue of Causation

Connecticut Says No to Re-litigating on the Issue of Causation

September 27, 2018 Last week, the Connecticut Supreme Court denied a widow her bid to receiving benefits under the state Workers’ Compensation Act after a federal law judge already granted her benefits under the Federal Longshore Act. In Katherine Filosi, Executor (Estate of Donald L. Filosi, Jr.), Et. Al. v. […]

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Connecticut Says No to Re-litigating on the Issue of Causation

Pennsylvania Superior Court Considers the Significance of Industry Standard Evidence in Strict Products Liability Case

Pennsylvania Superior Court Considers the Significance of Industry Standard Evidence in Strict Products Liability Case

September 27, 2018 In August 2018, the Pennsylvania Superior Court, in Dunlap v. Federal Signal Corporation (“ Dunlap ”), ruled that the plaintiffs’ evidence that their alternative product’s design met the applicable industry standard was not sufficient to establish a prima facie strict liability design defect tort case.In its opinion, […]

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Pennsylvania Superior Court Considers the Significance of Industry Standard Evidence in Strict Products Liability Case

Daubert Comes to New Jersey…Sort Of

Daubert Comes to New Jersey…Sort Of

September 19, 2018 New Jersey courts and litigants have spent the past month or so facing new arguments in battles over admission of scientific expert testimony, since the Supreme Court handed down a decision entitled In re Accutane Litig., 2018 N.J. LEXIS 988 (Aug. 1, 2018). In this decision, the […]

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Daubert Comes to New Jersey…Sort Of

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