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Blog Posts in March, 2018

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  • Florida Fifth DCA reverses trial court's dismissal of plaintiffs' bad faith lawsuit against home insurer, finds that insurer's payment of policy limits established liability and damages
    Florida Fifth DCA reverses trial court's dismissal of plaintiffs' bad faith lawsuit against home insurer, finds that insurer's payment of policy limits established liability and damages

    On March 29, 2018, in Demase v. State Farm Florida Insurance Company , No. 5D16-2390, the Florida Fifth DCA reversed a trial court’s dismissal of plaintiff homeowners’ first-party bad faith case ...

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  • Florida Second DCA rules the defendant's proposal for settlement was enforceable despite alleged ambiguity about whether it called for the dismissal of claims by non-offeree plaintiffs
    Florida Second DCA rules the defendant's proposal for settlement was enforceable despite alleged ambiguity about whether it called for the dismissal of claims by non-offeree plaintiffs

    On March 23, 2018, in Bright House Networks v. Cassidy , No. 2D16-4770, the Florida Second DCA ruled that the trial court erred in determining that a defendant’s proposal for settlement contained a ...

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  • Florida Supreme Court rules that testimony of medical negligence plaintiff's treating physicians was not subject to
    Florida Supreme Court rules that testimony of medical negligence plaintiff's treating physicians was not subject to "one expert per specialty rule"

    On March 22, 2018, in Gutierrez v. Vargas , No. SC15-1924, the Florida Supreme Court quashed a Florida Third DCA decision remanding a medical negligence case for a new trial. The Third DCA decision ...

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  • Eleventh Circuit reverses district court, finds that arresting officers were entitled to qualified immunity in civil rights case for arresting protester wearing Guy Fawkes mask
    Eleventh Circuit reverses district court, finds that arresting officers were entitled to qualified immunity in civil rights case for arresting protester wearing Guy Fawkes mask

    On March 13, 2018, in Gates v. Khokar , No. 16-15118, the Eleventh Circuit Court of Appeals reversed the district court’s denial of the defendant police officers’ motion to dismiss plaintiff’s 42 ...

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  • Florida Fourth DCA rules that PIP insurers must reduce a provider's charges to statutory permissive fee schedule before applying deductible, certifies conflict with Fifth DCA
    Florida Fourth DCA rules that PIP insurers must reduce a provider's charges to statutory permissive fee schedule before applying deductible, certifies conflict with Fifth DCA

    On March 14, 2018, in State Farm v. Care Wellness Center , No. 4D16-2254, the Florida Fourth DCA ruled that PIP insurers must reduce a provider’s charges under the statutory permissive fee schedule, ...

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  • Eleventh Circuit rules trial court's erroneous jury instruction on statute of limitations in Engle progeny tobacco case harmless because plaintiff first diagnosed with COPD within limitations period
    Eleventh Circuit rules trial court's erroneous jury instruction on statute of limitations in Engle progeny tobacco case harmless because plaintiff first diagnosed with COPD within limitations period

    On March 7, 2018, in Burkhart v, R.J. Reynolds Tobacco Company , No. 14-14708, the Eleventh Circuit Court of Appeals affirmed a jury trial award for the plaintiff in an Engle progeny tobacco case. The ...

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