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Blog Posts in 2017

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  • Eleventh Circuit rejects qualified immunity claim of defendant officers in civil rights case involving allegations of excessive force and invasion of bodily privacy
    Eleventh Circuit rejects qualified immunity claim of defendant officers in civil rights case involving allegations of excessive force and invasion of bodily privacy

    On December 19, 2017, in Brand v. Casal , No. 16-10256, the Eleventh Circuit Court of Appeals affirmed in part and reversed in part a trial court’s rulings on various summary judgment motions, ...

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  • Florida Fourth DCA upholds trial court discovery order requiring alleged hit-and-run driver defendant in wrongful death case to turn over copies of all social media accounts
    Florida Fourth DCA upholds trial court discovery order requiring alleged hit-and-run driver defendant in wrongful death case to turn over copies of all social media accounts

    On December 13, 2017, in Wright v. Morsaw , No, 4D17-0589, the Florida Fourth DCA denied the certiorari petition of an alleged hit-and-run driver in a wrongful death case who had sought to quash the ...

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  • Florida Fourth DCA rules that medical negligence plaintiff should have been allowed to amend admission to correct legal error made by plaintiff's previous attorney
    Florida Fourth DCA rules that medical negligence plaintiff should have been allowed to amend admission to correct legal error made by plaintiff's previous attorney

    On December 13, 2017, in Clemons v. Namnum , No. 4D16-3558, the Florida Fourth DCA reversed a trial court’s summary judgment ruling in favor a medical negligence defendant. The plaintiff had filed a ...

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  • Florida Fourth DCA affirms summary judgment for defense in premises liability case, finds that inferred facts cannot rely on earlier inference unless it excludes all other reasonable inferences
    Florida Fourth DCA affirms summary judgment for defense in premises liability case, finds that inferred facts cannot rely on earlier inference unless it excludes all other reasonable inferences

    On December 13, 2017, in Davie Plaza v. Iordanoglu , No. 4D16-1846, the Florida Fourth DCA affirmed a trial court’s summary judgment for the defense in a premises liability case involving a worker’s ...

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  • Florida Fourth DCA rules that accident reconstruction testimony was admissible under Daubert standard for admissibility of expert testimony in vehicular manslaughter case
    Florida Fourth DCA rules that accident reconstruction testimony was admissible under Daubert standard for admissibility of expert testimony in vehicular manslaughter case

    On December 13, 2017, in Kemp v. State of Florida , No. 4D15-3472, the Florida Fourth DCA ruled that the trial court had properly admitted the testimony of the State’s accident reconstruction expert. ...

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  • Third DCA affirms trial court's summary judgment for defendant in premises liability case based on lack of evidence that defendant knew about liquid substance on entranceway floor
    Third DCA affirms trial court's summary judgment for defendant in premises liability case based on lack of evidence that defendant knew about liquid substance on entranceway floor

    On December 13, 2017, in Lago v. Costco , No. 3D16-1899, the Florida Third DCA affirmed a trial court’s summary judgment for the defendant in a premises liability case involving a plaintiff’s slip and ...

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