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00840-Diaz
CreatedJan 14, 12:21
Synced with ClioJan 16, 2:21
Legal research...
Daubert v. Merrell Dow Pharmaceuticals, Inc.
U.S. Supreme CourtFed. R. Evid. 702 — Testimony by Expert Witnesses
Fed. R. Evid. 702Pulling case docket Diaz vs. State of Florida...
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00840-DiazDocketResearch+2 moreDraft a motion to exclude plaintiff's expert testimony under FRE 702 and Daubert in Diaz v. State of America — use the docket history and our prior research.
00840_Diaz_Motion.docxEditE-file with county
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
RAFAEL DIAZ, CASE NO. 2:26-CV-00840
v.
STATE OF FLORIDA.
MOTION TO EXCLUDE EXPERT TESTIMONY
TO THE HONORABLE JUDGES OF THE COURT:
1. Defendant respectfully moves this Court to exclude the testimony of plaintiff's proffered expert pursuant to Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc. , 509 U.S. 579 (1993). The opinions offered rest on no reliable methodology and will not assist the trier of fact.
2. Under Rule 702, expert testimony is admissible only where the proponent demonstrates that it rests on a reliable foundation and is relevant to the task at hand. The trial court acts as gatekeeper, ensuring that all expert testimony — scientific or otherwise — meets this standard. Kumho Tire Co. v. Carmichael , 526 U.S. 137 (1999).
3. Plaintiff's expert applied no discernible methodology, conducted no independent testing, and reached conclusions untethered from the record evidence developed in the docket history of this matter.
4. WHEREFORE, Defendant respectfully requests that this Court grant the motion and exclude the testimony of plaintiff's proffered expert in its entirety, together with such other relief as the Court deems just and proper.
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