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District Court Of Appeals Of Florida Upheld The Admissibility Of Expert Testimony Pursuant To Daubert Because The Testimony Was Not Based On New Scientific Methods

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District Court Of Appeals Of Florida Upheld The Admissibility Of Expert Testimony Pursuant To Daubert Because The Testimony Was Not Based On New Scientific Methods

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In D.R. Horton, Inc. – Jacksonville v. Heron’s Landing Condo. Assoc. of Jacksonville, Inc., 2018 WL 6803698 (Fla. 1st DCA Dec. 27, 2018), the District Court of Appeals of Florida, affirmed the trial court’s decision to allow expert testimony related to construction defects, even though the testimony was admitted pursuant to the Daubert standard, rather…
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Pennsylvania Superior Court Holds The Certificate Of Merit Requirement Does Not Apply To Third Party Claims Related To Plaintiff’s Claims

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In Kelly Systems, Inc. v. Leonard S. Fiore, Inc., 2018 WL 5629644 (Pa. Super. Ct. October 31, 2018), the Pennsylvania Superior Court held the requirement to file a Certificate of Merit to support a professional negligence claim does not apply to third party complaints. Leonard S. Fiore, Inc. (“Fiore”) was hired to design and build…
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Supreme Court Asks Solicitor General To Weigh In On Two Clean Water Act Cases

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The United States Supreme Court has asked the Solicitor General to weigh in on two petitions for writ of certiorari — one Fourth Circuit case, Upstate Forever v. Kinder Morgan Energy Partners, L.P., 887 F.3d 637 (4th Cir. 2018), and the other a Ninth Circuit case, Hawai’i Wildlife Fund v. County of Maui, 886 F.3d…
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Eleventh Circuit Expands Application Of The Flsa

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After a recent Eleventh Circuit decision in Asalde v. First Class Parking Systems LLC 894 F.3d 1248 (11th Cir. 2018), more employers are subject to the requirements of the Fair Labor Standards Act (“FLSA”). In Asalde, Plaintiffs were valet car drivers who sued their employer alleging violations of the FLSA. The trial court granted summary…
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Alabama Supreme Court Enforces Forum Selection Clause

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In Ex parte Killian Constr. Co., No. 1170696, 2018 WL 5730138, at *1 (Ala. Nov. 2, 2018), the Alabama Supreme Court issued a writ directing the lower court to dismiss the claims against Killian Construction Company (“Killian”) based on improper venue.  The Court found the forum selection clause in the parties contract was enforceable, despite…
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Finra Publishes Second Annual Report On Examination Findings

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FINRA published its 2018 Report on Examination Findings, its second annual report detailing observations from recent examinations of broker-dealer firms that it considers worth highlighting because of their potential significance, frequency, and impact on investors and the markets.  It also describes practices FINRA has observed to be effective in certain circumstances.  The highlighted observations of…
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Supreme Court Holds Adea Still Applies To Small County Employer

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The United States Supreme Court resolved a split among Circuit Courts on the question of whether the Age Discrimination in Employment Act (“ADEA”) applies to state and federal political entities with fewer than 20 employees.  In Mount Lemmon Fire Dist. v. Guido, 586 U.S. ____ (2018), the Court unanimously held that the ADEA applies to…
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Kids’ Climate Change Suit Temporarily Delayed In Ninth Circuit

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The trial in a climate change lawsuit brought by 21 youths has been stayed after the Ninth Circuit Court of Appeals granted the government’s request that it consider halting the case.  Juliana v. United States, No. 18-73014 (November 8, 2018), was filed in 2015 and contends the federal government pursued energy policies that caused climate change…
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Subcontractor Left With No Remedy Against Homeowner Based Upon Plain Language Of Texas’ Materialman’s Lien Provisions

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In Precision Roofing, Inc., Appellant v. David Zavelson & Tracy Zavelson, Appellees, No. 03-17-00550-CV, 2018 WL 5852680, at *1 (Tex. App. Nov. 9, 2018), the Texas Court of Appeals addressed the validity of a subcontractor’s materialman’s liens. In October 2014, David Zavelson—but not Tracy Zavelson—signed a contract with Cox Development Corporation to remodel and expand…
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