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Blog Posts in November, 2018

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  • Florida Fourth DCA rules that trial court's additur was improper where jury award of damages was not unreasonably inadequate
    Florida Fourth DCA rules that trial court's additur was improper where jury award of damages was not unreasonably inadequate

    On October 3, 2018, in Pogue v. Garib , No. 4D17-2638, the Florida Fourth DCA reversed a trial court’s additur order in a motor vehicle negligence case. At trial, the jury returned a verdict finding ...

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  • Florida Third DCA withdraws previous opinion, holds that joint proposal for settlement was fatally ambiguous
    Florida Third DCA withdraws previous opinion, holds that joint proposal for settlement was fatally ambiguous

    On October 3, 2018, in Atlantic Civil, Inc. v. Swift, No. 3D15-1594, the Florida Third DCA withdraw it prior opinion, which had held that a proposal for settlement was valid and enforceable, and ...

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  • Florida Supreme Court rules that plaintiff's proposals for settlement to defendants were valid
    Florida Supreme Court rules that plaintiff's proposals for settlement to defendants were valid

    On October 4, 2018, in Allen v. Nunez , No. SC14-1164, the Florida Supreme Court resolved a conflict among Florida DCAs, concluding that the Fifth DCA erred in its determination that a plaintiff’s ...

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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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