Maurice Wutscher’s Ernest Wagner Published in Consumer Financial Services Law Report

Feb. 6, 2019 — Maurice Wutscher attorney Ernest Wagner has written an article discussing a change in Florida’s standard for admitting expert testimony into evidence for the Jan. 23 issue of Consumer Financial Services Law Report.

In “Florida Supreme Court Moves Away From Daubert,” he writes that the Florida Supreme Court “recently held that the Florida Legislature’s 2013 amendment of the Florida Rules of Evidence adopting the federal Daubert standard for admitting expert testimony was unconstitutional.”

“The ruling resolved a long simmering dispute and returned Florida to the Frye standard for admitting expert testimony,” he writes. “[I]n returning to the Frye standard, Florida has taken a step back from the more rigorous Daubert approach that required trial judges to act like scientists and determine the reliability of expert testimony in favor of deferring to the relevant scientific or technical field.”

Mr. Wagner is a principal of Maurice Wutscher LLP. He practices in the firm’s Commercial Litigation, Consumer Litigation and Cybersecurity Insurance groups, and leads the firm’s Insurance Recovery and Advisory group. Based in Chicago, he also supports the firm’s litigation matters in its Miami office.

Consumer Financial Services Law Report is published by Thomson Reuters.