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Blog Posts in September, 2018

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  • Florida Third DCA rules that Engle tobacco class definition of
    Florida Third DCA rules that Engle tobacco class definition of "all Florida citizens and residents" must be read disjunctively to require Florida citizenship or residence within timeframe established by Engle

    On September 12, 2018, in Chacon v. Phillip Morris , NHo. 3D16-2330, the Florida Third DCA considered an issue of first impression for the Engle line of tobacco cases, namely, what is the proper ...

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  • Florida Supreme Court amends standard medical malpractice jury instructions to delete ambiguous provision which could be read as allowing jury to find physician liable even with no finding of negligence
    Florida Supreme Court amends standard medical malpractice jury instructions to delete ambiguous provision which could be read as allowing jury to find physician liable even with no finding of negligence

    On September 13, 2018, the Florida Supreme Court issued IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES — REPORT NO. 18-01 , authorizing the use of a revised standard jury instruction, 402.41(a) ...

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  • Eleventh Circuit Court of Appeals affirms district court's denial of summary judgment based on qualified immunity to officer who tased plaintiff four times for failing to obey roadside instructions
    Eleventh Circuit Court of Appeals affirms district court's denial of summary judgment based on qualified immunity to officer who tased plaintiff four times for failing to obey roadside instructions

    On September 12, 2018, in Glasscox v. City of Argo , No. 16-16804, the Eleventh Circuit Court of Appeals affirmed a district court’s denial of the defendant police officer’s motion for summary ...

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  • Eleventh Circuit affirms plaintiff verdict in Engle progeny tobacco case, finds no due process violation in applying general Engle findings to specific intentional tortious conduct alleged by plaintiff
    Eleventh Circuit affirms plaintiff verdict in Engle progeny tobacco case, finds no due process violation in applying general Engle findings to specific intentional tortious conduct alleged by plaintiff

    On September 5, 2018, in Searcy v. R.J. Reynolds Tobacco Company , No. 13-15258, the Eleventh Circuit Court of Appeals affirmed a verdict for the plaintiff in an Engle progeny tobacco case. In Engle ...

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