Supreme Court of Florida

Richard Delisle, Petitioner v. Crane Co., Respondents.

October 15, 2018258 So. 3d 1219

Summary

The court held that the 2013 amendment adopting the Daubert standard for expert testimony was procedural and unconstitutionally infringed the Florida Supreme Court's exclusive rulemaking authority because it conflicted with the court's Frye rule and was not repealed by the constitutionally required legislative vote. The court reaffirmed Frye as Florida's governing standard, concluded that medical causation testimony concerning mesothelioma was not new or novel and therefore was not subject to Frye analysis, and held that the trial court properly admitted the experts' testimony. The court quashed the district court's decision and directed reinstatement of the final judgment. Chief Justice Canady, dissenting, would have dismissed the case for lack of conflict jurisdiction, while Justices Pariente and Labarga concurred separately on access-to-courts and jurisdiction grounds.