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Blog Posts in Punitive Damages

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  • Florida Fourth DCA rules in Engle progeny tobacco case that trial court erred in denying plaintiff's motion to amend complaint to seek punitive damages on non-intentional tort claims
    Florida Fourth DCA rules in Engle progeny tobacco case that trial court erred in denying plaintiff's motion to amend complaint to seek punitive damages on non-intentional tort claims

    On January 10, 2018, in Phillip Morris USA v. Blackwood , No. 4D16-897, the Florida Fourth DCA reversed a trial court’s ruling in an Engle progeny tobacco case denying the plaintiff’s motion to amend ...

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  • Florida Third DCA strikes wrongful death plaintiff's punitive damages claim based on plaintiff's failure to attach proposed amended complaint to motion to add punitive damages claim
    Florida Third DCA strikes wrongful death plaintiff's punitive damages claim based on plaintiff's failure to attach proposed amended complaint to motion to add punitive damages claim

    On September 6, 2017, in Fetlar v. Suarez , No. 3D17-1315, the Florida Third DCA granted a wrongful death defendant’s certiorari petition and quashed a trial court’s order allowing the plaintiff to ...

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  • Florida Second DCA rules in Engle progeny tobacco case that applicable punitive damages statute relates back to class certified in 1994 Engle class action complaint
    Florida Second DCA rules in Engle progeny tobacco case that applicable punitive damages statute relates back to class certified in 1994 Engle class action complaint

    On September 15, 2017, in R.J. Reynolds Tobacco Company v. Evers , No. 2D16-1603, the Florida Second DCA ruled in an Engle progeny tobacco case that that applicable punitive damages statute related ...

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  • Florida Fourth DCA quashes trial court order granting plaintiff leave to claim punitive damages, ruling that plaintiff and trial court failed to adhere to procedural requirements
    Florida Fourth DCA quashes trial court order granting plaintiff leave to claim punitive damages, ruling that plaintiff and trial court failed to adhere to procedural requirements

    On August 23, 2017, in Leinberger v. Magee , No. 4D17-1400, the Florida Fourth DCA granted certiorari review and quashed a trial court order granting the plaintiff leave to file a claim for punitive ...

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  • Florida Second DCA rules that trial court improperly severed the trial of plaintiff's UM case from trial of plaintiff's claims against defendant driver for negligence and punitive damages
    Florida Second DCA rules that trial court improperly severed the trial of plaintiff's UM case from trial of plaintiff's claims against defendant driver for negligence and punitive damages

    On August 16, 2017, in Choi v. Auto-Owners Insurance Co. , No. 2D16-4642, the Florida Second DCA granted a certiorari petition from the plaintiff in a motor vehicle negligence case and ruled that the ...

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  • Florida Fourth DCA rules that forgiveness of prior punitive damages award irrelevant to determination in subsequent action whether award sufficiently punished tortfeasor
    Florida Fourth DCA rules that forgiveness of prior punitive damages award irrelevant to determination in subsequent action whether award sufficiently punished tortfeasor

    On June 7, 2017, in Knauf Plasterboard Co. v. Ziegler , No. 4D17-844, the Florida Fourth DCA granted a defendant’s petition for a writ of certiorari seeking review of two orders permitting the ...

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