The Florida Supreme Court has released an important decision on testimony by expert witnesses.

Plaintiff’s counsel sought an order prohibiting a defendant’s expert from testifying that he relied on consultations with colleagues or other experts in forming his opinions.   The Florida high court said  "that such testimony is inadmissible because it impermissibly permits the testifying experts to bolster their opinions and creates the danger that the testifying experts will serve as conduits for the opinions of others who are not subject to cross-examination."  However, the Court made it clear that "our opinion today in no way precludes experts from relying on facts or data that are not independently admissible in evidence ‘[i]f the facts or data are a type reasonably relied upon by experts in the subject.’”

The Court also said that "[a]llowing qualified experts to testify as to the prevailing professional standard of care under section 766.102(1), Florida Statutes (2005), does not permit experts to conduct a survey of a myriad of other experts or colleagues to derive a consensus on the standard of care."

No, I’m not dead, just a little tired.  I have been in Cincinnati the last two days, preparing a witness one day and attending his deposition on the second day.  I did not get home until 8:15 last night and am feeling the effects of spending two long days on the road.

Today I play catch-up until I hit the road at 3:00 to go the Knoxville for the UT – LSU game tomorrow afternoon. 

I will be back next week with information you can use to better serve your clients.

Here is another blog on tort reform.

The introduction:  "Tort reform” has become a staple of Republican politics. Limits on lawsuits are offered as a solution to everything from the health care crisis and economic stagnation to America’s moral decline. Americans overwhelmingly believe that the nation is awash in frivolous lawsuits.

And that’s just where The Tortellini comes in. Because most of what you’ve heard about “lawsuit abuse” is wrong. The majority sentiment on legal reform comes courtesy of a long disinformation campaign by the U.S. Chamber of Commerce and other big business sponsors like the tobacco, insurance and automobile industries. These folks have managed to convince voters from to Hawaii to Maine that plaintiffs in civil actions are whiners, hustlers, and layabouts, and that their attempts to win the “lawsuit lottery” have created a “litigation explosion.”

The SCOTUS hears another punitive damage case today.  Here is my earlier post on the Williams v. Phillip Morris case out of Oregon.

Law.Com summarizes it this way:  "The case asks the high court to review the punitive damages award for excessiveness. It also asks the justices to set forth clearly how judges and juries that are considering punitive damages are to weigh harm caused by the defendant’s conduct to other smokers who were not parties to the suit."  Read the whole article here.

You will be able to get a transcript of the argument tomorrow evening at this site.

The Davidson County jury list includes an unusual entry this week.

Each prospective juror is supposed to complete a questionnaire and then a jury list is completed with includes  the stated employment of the juror and the juror’s spouse.  One juror listed his employment as "Professor."  He listed his wife’s employment as "Disciple of Satan."

Turns out they are going through a divorce.

The passing game coordinator for the Dallas Cowboys has sued McDonalds after his family found a 6-inch rat in a salad.

Appparently "rat salad" was not on the menu.

The rat was not discovered until the salad was taken home.  Some of the salad was consumed  by the coach’s wife and a live-in babysitter before the rat was discovered.

Side airbags work.  That is the conclusion of the Insurance Institute for Highway Safety.

A recent study reports that "Side airbags that protect people’s heads are reducing driver deaths in cars struck on the near (driver) side by an estimated 37 percent. Airbags that protect only the chest and abdomen but not the head are reducing deaths by 26 percent. "

According to the study, if every passenger vehicle would have side airbags with head protection 2000 lives would be saved a year.

I drove to Atlanta last night so that I could attend two days of meetings preparing for an upcoming class certification hearing in St. Louis.  We are going to work at polishing our team’s arguments for the hearing and testing our visual aids. 

On Thursday night I will be coming back to Nashville because we have a mediation in a medical negligence case set for Friday.  Then off to Cincinnati next week to defend a deposition in a business litigation matter.

That, added to the top of spending three days in West Tennessee and two days in Dallas last week, has me dragging a little bit.  Travel doesn’t have the excitement it once did.

The American Trucking Associations has petitioned the National Highway Traffic Safety Administration to limit the maximum speed of large trucks at the time of manufacture to no more than 68 miles per hour.  ATA also petitioned the Federal Motor Carrier Safety Administration to prohibit the tampering or adjustment of the speed limiting devices, known as speed limiters (or governors), to greater than 68 miles per hour.

Research indicates that speed is a more significant factor in crashes involving trucks than any other factor that currently receives a larger proportion of government attention and resources.

Here is a copy of the Rulemaking Petition.

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