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Blog Posts in 2018

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  • Eleventh Circuit upholds district court's denial of qualified immunity to prison warden who allegedly ordered hospital staff to disconnect life support of critically ill inmate
    Eleventh Circuit upholds district court's denial of qualified immunity to prison warden who allegedly ordered hospital staff to disconnect life support of critically ill inmate

    On October 2, 2018, in Estate of Marquette F. Cummings Jr. v. Davenport, No. 17-13999, the Eleventh Circuit Court of Appeals affirmed a district court ruling denying an Alabama prison warden’s motion ...

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  • Florida Second DCA rules that standard State Farm UM policy language permissibly excludes coverage for injuries sustained by household family members in vehicles for which UM coverage has not been purchased.
    Florida Second DCA rules that standard State Farm UM policy language permissibly excludes coverage for injuries sustained by household family members in vehicles for which UM coverage has not been purchased.

    On October 5, 2018, in State Farm v. Lyde, No. 2D17-1014, the Florida Second DCA ruled that the standard policy language in State Farm Policy Form 9810A permissibly precluded a family member living in ...

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  • Florida Third DCA rules that spoliation case does not accrue until underlying tort case is resolved
    Florida Third DCA rules that spoliation case does not accrue until underlying tort case is resolved

    On September 26, 2018, in Amerisure Insurance Company v. Rodriguez , No. 3D18-1524, the Florida Third DCA reversed a trial court ruling allowing third-party spoliation action to be tried jointly with ...

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  • Florida Third DCA affirms dismissal of legal malpractice case because plaintiff was not in privity with or an intended beneficiary of defendant's legal services
    Florida Third DCA affirms dismissal of legal malpractice case because plaintiff was not in privity with or an intended beneficiary of defendant's legal services

    On September 26, 2018, in Driessen v. University of Miami School of Law Children and Youth Law Clinic , No. 3D18-999, the Florida Third DCA affirmed a trial court’s dismissal of a legal malpractice ...

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  • Florida Third DCA rules that trial court erred in striking complaint due to delay in appointment of personal representatives for deceased plaintiff
    Florida Third DCA rules that trial court erred in striking complaint due to delay in appointment of personal representatives for deceased plaintiff

    On September 26, 2018, in Lindor v. Florida East Coast Railway , No. 3D17-2366, the Florida Third DCA ruled that the trial court erred in striking the plaintiff’s wrongful death complaint and ...

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  • Florida Third DCA rules that trial court erred in not granting defendants' motion for order awarding entitlement to attorney's fees
    Florida Third DCA rules that trial court erred in not granting defendants' motion for order awarding entitlement to attorney's fees

    On September 26, 2018, in Ruiz v. Policlinica Metrolpolitana, C.A ., No. 3D171535, the Florida Third DCA reversed a trial court’s finding that the plaintiff was not liable for the defendants’ ...

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