Sean McDonough

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Sean McDonough is a deputy managing partner in the Orlando office. Most of his twenty-year legal career has been devoted to trial practice. Among the areas in which Sean focuses are hospitality, professional liability, product liability, premises liability, trucking and transportation litigation, and insurance defense.

Latest Articles

After more than five years of uncertainty, the Florida Supreme Court’s opinion in DeLisle v. Crane finally settled the debate over the standard for determining the admissibility of expert witness testimony in Florida state courts. Case No. SC16-2182 (Fla. Oct. 15, 2018). In a narrow 4-3 decision, the court rejected Daubert and adopted Frye. The outcome should come as no surprise. In 2017, in a rarely exercised move, the Florida Supreme Court declined to adopt…
Florida’s first appellate review under Daubert occurred in Perez v. Bell South Telecommunications, Inc., 39 Fla. L. Weekly D 685b (April 24, 2014). The Third District Court of Appeals became the first Florida appellate court to apply the Daubert standard to uphold a decision by a trial court, excluding an expert from testifying at trial. The trial court had reviewed the expert’s opinion under the Frye standard that was applicable at the time it was…
While it is true that social media has become one of the main sources for discovery in personal injury litigation, the basic tenets of discovery that apply to the standard document requests, also apply to this new technological source of information. The question of whether a demand for any and all information on the Facebook page of a grieving mother in a wrongful death lawsuit could lead to the discovery of admissible evidence relevant to her…
When an attorney is requested to act as “local counsel” by an out-of-state attorney in a new lawsuit, the practical needs of the out-of-state client can be at odds with rules of professional responsibility and local rules that can sometimes expand the duties and responsibilities of local counsel. The client is already paying a lead counsel whom it knows and trusts, and is then asked to retain and pay local counsel as well. Surely, the…
When an attorney is requested to act as “local counsel” by an out-of-state attorney in a new lawsuit, the local counsel may have additional duties that flow from Rules of Civil Procedure or Local Rules that govern lead counsel’s admission pro hac vice. For instance, Alaska R. Civ. P. 81(a)(3) states that “local counsel shall be primarily responsible to the court for the conduct of all stages of the proceedings, and their authority shall be…
Occasionally, attorneys may get a call from an out-of-state attorney requesting them to serve as “local counsel” in a new lawsuit in their home town. Lead counsel explains, “Yeah, I just need you to file some papers, let me use your office for depositions once in a while, and tell me what the judge is like. I might even need you to attend a discovery hearing if need be.” It sounds like a tempting opportunity…
Part 2 of Series on Florida’s Adoption of the Daubert Standard for Admissibility of Expert Testimony The Florida legislature’s adoption of the Daubert Standard for admissibility of expert testimony took several sessions to pass as a well-organized Plaintiff’s Bar fought hard against it. However, the legislature’s affinity for laws that promote the growth of business within the state eventually won the day. Why did the Plaintiffs’ Bar resist?…
Surely it is not breaking news that the Gallup poll shows only 19 percent of respondents find lawyers to be very honest or ethical. In 1976, only 25 percent of those polled found lawyers’ ethics or honesty to be high or very high, and since 1996 that figure has been below 20 percent. Lawyers are only trusted more than members of Congress, insurance and car salespeople, and stockbrokers. That’s hardly a ringing endorsement.…
Florida jurors are now considering more reliable expert testimony since the Florida legislature reformed the court’s role in precluding unreliable expert testimony. Starting July 1, 2013, the court has to follow the Daubert standard, which requires a judge to exercise greater scrutiny of the facts and data on which an expert’s opinions are based.  As a result, Florida defense lawyers and their clients have a stronger arrow in their quiver to attack a plaintiff’s case…