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Author: SearcyLaw

Testing for Junk Science in the Discovery Process

04/4/2016
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What is the “Daubert” standard supposed to test? Daubert v Merrill Dow Pharmaceuticals, 509 US 579 (1993). Daubert and the Federal Rule of Evidence 702 are intended to allow the court to act as a gatekeeper in keeping “junk science” away from jurors. The theory, I suppose, is that jurors […]

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Driverless Vehicles — A new driving frontier

02/19/2016
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Just imagine the courtroom scene… The negligent party is in the courtroom being examined by plaintiff’s counsel: “Now, isn’t it true that you turned left in front of my client at the intersection of A and B streets?” “I made a turn that was approximately 86 degrees in the westerly […]

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Don’t Just Sit There — Stand, move and stretch!

02/10/2016
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Heart disease. Blood clots. Osteoarthritis. Spinal damage. Whiplash cervical droop. Increase in uterine cancer. Increase in colon cancer. Diabetes. Decreased life expectancy. What can cause or contribute to all these horrible ailments? Some doctors and researchers believe that sitting too much can lead to these problems. Even if too much […]

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Litigation Discovery and the New Federal Rules

01/15/2016
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Trying to make the best of rules open to highly subjective interpretation… Discovery in litigation is the heart of the process. It is the system by which parties can obtain evidence from other parties and refine knowledge about the proof available for their causes of action and defenses. If done […]

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Who is Florida’s Attorney General trying to protect?

12/18/2015
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In Florida, do we citizens who live here comprise “the State”? The attorney general in Florida has launched another one of her battles; which I would guess she characterizes as “defending the best interests of Florida, the state constitution and all the little people in Florida.” The attorney general’s fight? […]

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Discovery, New Rules and a Need for Transparency

11/4/2015
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In a lawsuit the discovery process should allow each party to explore evidence in the possession of opposing parties, which may assist in proving their respective claims. The defendant is at an advantage in this process, since they typically possess the bulk of documents, data and other evidence. Their familiarity […]

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Big Rigs, Tractor-Trailers — Without Drivers

08/28/2015
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As I approached the two “18 wheelers” this morning, one in the lane to my right and the other in the lane to my left; I must confess trepidation. You understand, splitting two semi-tractor trailers is unnerving. But I have done it before. No big deal. Until I looked up […]

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