Blog Posts By Category

Arbitration
- Florida Fifth DCA rules that defendant in assisted living facility negligence case waived its right to arbitration by attempting to engage in merits discovery after arbitration request June 14, 2019
  On May 24, 2019, in SHP IV Harbour Island, LLC v. Boylan , No. 5D18-423, an assisted living facility negligence case, the Florida Fifth affirmed a trial court’s ruling denying the defendant’s motion ...
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- Florida Fourth DCA vacates medical negligence arbitration award that included damages for loss of companionship and guidance as economic damages not subject to cap on non-economic damages July 5, 2018
  On April 4, 2018, in Plantation General Hospital Limited Partnership v. Division of Administrative Hearings , et al, No. 4D16-2652, the Florida Fourth DCA reversed an arbitration award of economic ...
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- Florida Fourth DCA affirms trial court's denial of motion to vacate arbitration award; no actual arbitrator bias shown where arbitrator had no knowledge of conflict of interest October 9, 2017
  On October 4, 2017, in Managed Care Insurance Consultants v. United Healthcare Insurance Company , No. 4D16-2767, the Florida Fourth DCA issued a substituted and clarified opinion affirming a trial ...
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Bad Faith
- Florida Fourth DCA rules that monetary caps on sovereign immunity waiver applied aggregately to all victims in shooting spree by estranged father previously under DCF investigation, certifies issue to Florida Supreme Court February 18, 2019
  On October 10, 2018, in State of Florida v. Barnett , No. 4D17-2840, the Florida Fourth DCA decided as a matter of first impression an issue involving the interpretation of section 768.28, Florida ...
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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 March 29, 2018
  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 Fifth DCA quashes trial court order compelling UIM insurer in bad faith case to produce discovery subject to claimed work product and attorney-client privileges January 18, 2018
  On January 12, 2018, in State Farm v. Knapp , Case No. 5D17-447, the Florida Fifth DCA quashed a trial court order compelling a defendant UIM insurer in a bad faith case to produce discovery subject ...
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Blog
- 6 Tips to Prepare for Hurricane Season June 6, 2019
  Hurricane season is upon us and it is important to be prepared in order to protect yourself and your family from these potentially destructive and dangerous storms. Here are some crucial tips that ...
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Case Law
- 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 September 14, 2018
  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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Civil Procedure and Evidence
- Florida Fifth DCA rules that trial court erred in granting summary judgment in wrongful death case on a ground not substantively raised by defendants September 10, 2020
  On August 28, 2020, in Rossman v. Wallick, et al., No. 5D19-1644, the Florida Fifth DCA reversed a trial court summary judgment entered in favor of the defendants in a wrongful death case ...
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- Florida Fifth DCA reverses trial court, finds that plaintiff was not entitled to award of attorney’s fees under wrongful act doctrine since applicability of the doctrine was not specifically pled in the complaint September 10, 2020
  On August 21, 2020, in Cinco, et al. v. Coquina Palms Homeowners Association, Inc., No. 5D18-2897, the Florida Fifth DCA addressed a seldom invoked doctrine under Florida law ...
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- Florida Third DCA affirms trial court’s dismissal on forum non conveniens grounds of breach of contract case between foreign companies September 10, 2020
  On August 12, 2020, in Certain Underwriting members of Lloyd’s, Syndicates 623 and 2623 v. Prime Holdings Insurance Services, No. 3D19-2322, the Florida Third DCA affirmed a trial court’s dismissal of the plaintiff’s complaint ...
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- Florida Fifth DCA reverses trial court and remands medical negligence case for trial de novo after nonbinding arbitration September 10, 2020
  On August 7, 2020, in Dungarani v. Benoit, No. 5D19-139, the Florida Fifth DCA reversed a trial court ruling denying a plaintiff’s request for a trial de novo ...
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- Florida Third DCA rejects forum non conveniens argument by defendant companies which operated Mexican resort and were sued in Miami-Dade County for alleged slip and fall by U.S. citizen on resort property August 06, 2020
  On July 29, 2020, in Palace Resorts Travel, Inc., et al., v. Flynn, No. 3D20-0025, the Florida Third DCA affirmed a trial court’s denial of the defendants' motion to dismiss a premises liability lawsuit ...
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- Florida Third DCA rules that plaintiff opened the door to “inference and argument” by defense counsel about her alleged referral by her attorney to a treating chiropractor August 06, 2020
  On July 15, 2020, in Ruchimora v. Grullon, No. 3D19-753, the Florida Third DCA ruled that a trial court did not abuse its discretion in permitting the defendant ...
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- Florida Fourth DCA affirms trial court’s exclusion of expert’s PTSD diagnosis which was not disclosed to defense until eve of trial August 06, 2020
  On July 8, 2020, in Krysiak v. Dawson, et al., No. 4D19-1532, the Florida Fourth DCA affirmed a trial court ruling excluding expert testimony concerning a motor vehicle negligence plaintiff’s PTSD ...
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- Florida Third DCA rules that trial court erred in compelling defendant’s disclosure of financial information in nursing home negligence case without first establishing that the information sought was relevant to the liability claim August 06, 2020
  On July 1, 2020, in Fair Havens Center, LLC v. Estate of Nicula, No. 3D20-205, the Florida Third DCA granted a defendant’s petition for a writ of certiorari in a nursing home negligence case ...
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- Florida Fifth DCA rules that defendant doctor in medical negligence case was entitled to file errata sheet substantially amending testimony on material issues, subject to potential re-opening of deposition and impeachment at trial July 08, 2020
  On June 12 , 2020, in Dungan v. Memorial Health Systems, Inc., No. 5D19-3225, the Florida Fifth DCA dismissed a certiorari petition from a plaintiff ...
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- Florida First DCA rules that litigant who objected to compelled production of her medical records was entitled to have trial court review the records in camera prior to any disclosure to opposing counsel July 08, 2020
  On June 12, 2020, in Northcutt v. Turner, No. 1D19-2495, the Florida First DCA granted the certiorari petition of a petitioner after ...
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- Florida First DCA rejects insurance company’s attempt to intervene in motor vehicle negligence case June 12, 2020
  On May 8, 2020, in Lexington Insurance Company v. James, No. 1D19-1954, the Florida First DCA affirmed a trial court order denying an insurance company’s motion to intervene in a motor vehicle negligence case ...
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- Florida Third DCA reverses trial court’s dismissal of plaintiff’s personal injury case based on lack of record activity, finds that plaintiff was not furnished with requisite notice prior to dismissal June 12, 2020
  On May 6, 2020, in Hernandez v. Ibrahim, No. 3D19-1621, the Florida Third DCA reversed a trial court’s dismissal of a plaintiff’s personal injury case based on lack of record activity after concluding that the plaintiff was not furnished with the requisite notice of record inactivity prior to the dismissal ...
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- Florida Third DCA rules that defendant asbestos manufacturer was entitled to introduce admissions from deceased party alleging asbestos exposure by non-party asbestos manufacturers March 17, 2020
  On February 26, 2020, in Union Carbide Corporation v. Paul Font, etc., No. 3D18-1529, the Florida Third DCA reversed a final judgment and jury verdict against the defendant asbestos ...
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- Florida Second DCA rejects trial court’s application of federal Celotex summary judgment standard March 17, 2020
  On February 12, 2020, in Wendel v. Trustees of Meese Hospital, No. 2D18-3149, the Florida Second DCA reversed a summary judgment entered by the trial court in favor of the defendant ...
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- Florida Fourth DCA rules that e-mail service requirements under Fla. R. Civ. P. 2.516 do not apply to service of a safe harbor notice and proposed motion for sanctions under Fla. Stat. § 57.105 March 17, 2020
  On February 5, 2020, in Cohen v. H.E.C. Cleaning, LLC, No. 4D19-1070, the Florida Fourth DCA reversed a trial court ruling striking a motion for sanctions filed by one of the parties under ...
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- Florida Fifth DCA reverses trial court, finds that summary judgment for the defendants in a motor vehicle negligence case was improper where eyewitness testimony conflicted with video evidence August 5, 2019
  On July 12, 2019, in Lopez v. Wilsonart , No. 5D18-2907, the Florida Fifth DCA reversed a trial court’s summary judgment for the defendants in a motor vehicle negligence case after concluding that ...
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- Florida Fifth DCA reverses trial court, finds that summary judgment for defendant in civil case alleging violation of Florida Wiretap Statute was improper when relevant discovery had not yet been produced by defense August 2, 2019
  On July 12, 2019, in Skydive Space Center v. Pohjolainen , No. 5D18-537, the Florida Fifth DCA reversed a trial court’s summary judgment in favor of the defendants in a civil suit alleging the ...
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- Florida Fourth DCA rules that plaintiff’s counsel engaged in impermissible “trial by ambush” tactics in motor vehicle negligence case by waiting until trial to have plaintiff’s treating physician review MRI from previous accident August 1, 2019
  On July 10, 2019, in Gurin Gold, LLC v. Dixon , No. 4D18-2156, the Florida Fourth DCA reversed a verdict for the plaintiff in a motor vehicle negligence and remanded for a new trial based on what the ...
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Civil Rights Violations
- Eleventh Circuit Court of Appeals rules that Florida inmates suffering from Hepatitis C are not constitutionally entitled to "state of the art" medical treatment September 10, 2020
  On August 31, 2020, in Hoffer v. Secretary, Florida Department of Corrections, No. 19-11921, the Eleventh Circuit Court of Appeals vacated an injunction that had been entered ...
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- Eleventh Circuit rules that leaving a pretrial detainee alone in an un-air-conditioned Sheriff’s van for almost an hour in 85 degree heat was unconstitutional excessive force, but affirms partial dismissal of plaintiff’s civil rights claims because right not to be subjected to such treatment wasn’t clearly established at time of incident September 10, 2020
  On August 11, 2020, in Patel v. Lanier County Georgia, et al, No. 19-11253, the Eleventh Circuit Court of Appeals addressed two constitutional questions in a civil rights case ...
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- Eleventh Circuit Court of Appeals rules that Georgia prison officer was entitled to summary judgment on inmate’s claim that officer violated his Eighth Amendment rights August 06, 2020
  On July 24, 2020, in Mosley v. Zachery, No. 17-14631, the Eleventh Circuit Court of Appeals affirmed a summary judgment in favor of the state prison officer defendant ...
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- Eleventh Circuit affirms district court's denial of a qualified immunity for police officers in malicious prosecution civil rights case, finds that "any crime" rule does not apply to malicious prosecution cases August 06, 2020
  On July 13, 2020, in Williams v. Aguirre, No. 19-11941, the Eleventh Circuit Court of Appeals affirmed a district court’s denial of the defendants’ summary judgment motion in a malicious prosecution civil rights case ...
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- Eleventh Circuit rules that Georgia jail employees are not civilly liable for pretrial detainee’s murder by fellow inmate July 08, 2020
  On June 22, 2020, in Grochowski v. Clayton County, Georgia, No. 18-14567, the Eleventh Circuit Court of Appeals affirmed a district court summary judgment ...
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- In § 1983 civil rights case involving plaintiff who was shot by third party while allegedly being forced to assist law enforcement under threat, Eleventh Circuit rules that alleged threats did not rise to the level of constitutional violations July 08, 2020
  In King v. Pridmore, No. 18-14245, the Eleventh Circuit Court of Appeals, affirmed a summary judgment entered by the district court for the defendant law enforcement officers ...
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- Eleventh Circuit Court of Appeals reverses district court’s summary judgment for defendant Seminole County in civil rights case alleging unlawful detention May 12, 2020
  On April 15, 2020, in Barnett v. MacArthur, et al, No. 18-12238, the Eleventh Circuit Court of Appeals reversed a district court’s summary judgment for defendant Seminole County in a civil rights case ...
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- Eleventh Circuit Court of Appeals rules that defendant police officer is entitled to qualified immunity in civil rights lawsuit alleging he used excessive force in accidental shooting of 10-year-old child July 26, 2019
  On July 10, 2019, in Corbitt v. Vickers , No. 17-15566, the Eleventh Circuit Court of Appeals reversed a district court ruling denying a defendant police officer qualified immunity in a civil rights ...
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- Eleventh Circuit finds police officers were entitled to qualified immunity in civil rights lawsuit brought by plaintiff claiming excessive force was used in his arrest for murder July 24, 2019
  On June 14, 2019, in Hinson v. Bias , et al. No. 16-14112, the Eleventh Circuit Court of Appeals vacated a district court’s order denying the defendant police officers’ motion for summary judgment on ...
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- Eleventh Circuit Court of Appeals affirms denial of defendant correctional officer’s motion to dismiss on grounds of qualified immunity in excessive force civil rights lawsuit June 11, 2019
  On May 9, 2019, in Piazza v. Hunter, et al ., No. 18-10487, the Eleventh Circuit Court of Appeals affirmed a district court’s denial of the defendant correctional officer’s motion to dismiss on ...
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Class Actions
- Florida Second DCA reverses trial court's approval of class action settlement in shareholder disclosure lawsuit for failure to assess value of settlement's supplemental disclosures July 23, 2018
  On July 13, 2018, in Griffith v. Quality Distribution et al , No. 2D17-3160, the Florida Second DCA reversed a trial court’s approval of a class action settlement. The case originated with a complaint ...
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Client Attorney Relationship
- Florida Fourth DCA rules that contingency fee agreement was invalid where there was insufficient evidence that client ratified the agreement after recovering from coma July 5, 2018
  On April 4, 2018, in O’Malley v. Freeman , No. 4D17-1500, the Florida Fourth DCA reversed a trial court award of attorney’s fees and costs to a law firm that had represented the plaintiff in a motor ...
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- Florida Fourth DCA rules that attorney was entitled to evidentiary hearing before trial court could compel his testimony under crime-fraud exception to attorney-client privilege June 1, 2017
  On May 24, 2017, in Douberley v. Perlmutter , No. 4D16-2597, the Florida Fourth DCA granted an attorney’s petition for a writ of certiorari to review an order compelling him to answer questions ...
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Collateral Sources
- Eleventh Circuit rules that Medicare Advantage Organization was not bound by claims-filing provision in Medicare Secondary Payor Act and was not subject to 3-year statute of limitations in lawsuit seeking reimbursement from at-fault driver’s insurance company for conditional payments made on behalf of insured March 17, 2020
  On February 13, 2020, in MSPA Claims 1, LLC v. Kingsway Amigo Insurance Company, No. 18-14980, the Eleventh Circuit Court of Appeals reversed a district court ruling dismissing the lawsuit of a Medicare ...
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Damages
- Florida Fourth DCA rules that 2011 law made 2006 legislative elimination of joint and several and several liability generally retroactive January 9, 2019
  On November 28, 2018, in Brown & Brown v. Gelsomino et al, No. 4D17-3737, the Florida Fourth DCA reversed a trial court’s ruling applying joint and several liability to defendants found liable in 2014 ...
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Defamation/Libel
- Florida Second DCA rules that Florida statutory requirement of presuit notice to prospective defendant in libel and slander cases only applies to news media, not movie and book companies July 30, 2019
  On July 10, 2019, in Mazur v. Baraya , No. 2D18-4268, the Florida Second DCA denied a certiorari petition by the defendants in a libel case to overturn a trial court’s ruling denying the defendants’ ...
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- Florida Fourth DCA rules that attorney copying client on “cease and desist letter” to third party did not constitute publication under Florida defamation law July 15, 2019
  On June 12, 2019 in Hoch v. Loren , No. 4D18-1407, the Florida Fourth DCA affirmed a trial court’s dismissal of a plaintiff’s defamation case against the law firm representing the board of directors ...
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- Florida Third DCA reverses trial court order dismissing plaintiff’s complaint against broadcast news company for defamation/libel; finds that plaintiff’s pre-suit notice was sufficient under Fla. Stat. Section 770.01. February 21, 2019
  On February 20, 2019, in Cousins v. Post-Newsweek Stations Florida, Inc., et al, No. 3D17-2805, the Florida Third DCA reversed a trial court order dismissing the plaintiff’s complaint against a ...
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Expert Witnesses
- Florida Fifth DCA denies petition of motor vehicle negligence defendant to quash plaintiff’s interrogatories seeking information concerning the financial relationship, if any, between the defendant’s attorney, liability insurer, and medical experts September 10, 2020
  On August 21, 2020, in Owens v. Perron, et al, No. 5D20-508, the Florida Fifth DCA denied the petition for certiorari of a defendant in a motor vehicle negligence case ...
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- Florida Fourth DCA rules that defense in negligence case erred by eliciting testimony from defense expert disparaging opinion of plaintiff’s expert, but denies reversal after finding that plaintiff counsel’s failure to move for mistrial permitted only "fundamental error" review August 06, 2020
  On July 1, 2020, in State Farm v. Medina, No. 4D190954, the Florida Fourth DCA reversed a trial court order which had granted the plaintiff in a motor vehicle negligence case a new trial ...
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- Florida Fourth DCA that discovery protections afforded defense expert in negligence case extended to non-party corporate entity with which the expert was affiliated July 18, 2019
  On June 12, 2019, in Orthopedic Center of South Florida v. Sode , No. 4D18-3478, the Florida Fourth DCA quashed a trial court order compelling the production of documents by a non-party orthopedic ...
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- Florida Supreme Court adopts Daubert standard for admission of admission of expert testimony June 8, 2019
  On May 23, 2019, in In Re: Amendments to the Florida Evidence Code , No. SC19-107, the Florida Supreme Court adopted the amendments to sections 90.702 and 90.704 of the Florida Evidence passed by the ...
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- Florida Fifth DCA reverses trial court's ruling granting new trial to medical negligence plaintiff on basis that that defense verdict was against manifest weight of the evidence July 5, 2018
  On March 29, 2016, in Hashmi-Alikhan, M.D. et al v. Staples, et al ., No. 5D16-3735, the Florida Fifth DCA reversed a trial court’s ruling which had granted a new trial to a medical negligence ...
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False Claims
- Eleventh Circuit rules in False Claims Act qui tam case that 3-year statute of limitations under 31 U.S.C. Section 3731(b)(2) applies regardless of whether government intervenes July 6, 2018
  On April 11, 2018, in United States v. Cochise Consultancy , No. 5:13-cv-02168, the Eleventh Circuit Court of Appeal ruled on an issue of firstimpression – whether a qui tam plaintiff is entitled to ...
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Federal Tort Claims Act
- Eleventh Circuit Court of Appeals rules that because federal government had withdrawn certification that defendant health care providers were covered under the FTCA, jurisdiction did not exist for appellate review of district court’s remand of medical negligence case to state court September 10, 2020
  On August 25, 2020, in Thomas v. Albany Area Primary Healthcare, Inc., et al., No. 19-11187, the Eleventh Circuit Court of Appeals determined that it did not have jurisdiction to review ...
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- Eleventh Circuit Court of Appeals rules that discretionary function exception to Federal Tort Claims Act’s waiver of sovereign immunity did not apply in case involving allegedly negligent controlled fire burn by government September 10, 2020
  On August 24, 2020, in Foster Logging, Inc. et al, v. USA., No. 18-15033, the Eleventh Circuit Court of Appeals affirmed a district court’s dismissal of the plaintiff’s negligence case ...
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Insurance Coverage Disputes
- Florida Fifth DCA rules that where homeowner’s insurance company did not “wholly deny” insured’s loss claim, issue had to be resolved by appraisal pursuant to the insurance contract rather than by court determination August 6, 2019
  On July 12, 2019, in First Protective Insurance Co. v. Colucciello , No. 5D19-31, the Florida Fifth DCA reversed a trial court’s order denying an insurance company’s motion to compel an appraisal ...
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- Florida First DCA rules that insurance coverage under liability policy identifying a named insured as doing business under a fictitious name was limited to business done under that fictitious name June 15, 2019
  On May 28, 2019, in Musselwhite v. Florida Farm General Insurance Company , et al., No. 1D18-780, the Florida First DCA affirmed a trial court ruling that a commercial liability policy purchased by ...
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- Florida Fourth DCA clarifies due process requirements for notification to Medicaid recipient of State Medicaid Fair Hearing on denial of Medicaid services April 3, 2019
  On March 27, 2019, in A.W v. Humana Medicaid Plan , No. 4D18-866, the Florida Fourth DCA reversed a final order of the Agency for Health Care Administration (“AHCA”) that dismissed the plaintiff’s ...
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Intentional Torts
- Florida Second DCA reverses judgment awarding damages for intentional infliction of emotional distress, finding insufficient evidence of emotional distress July 19, 2018
  On June 27, 2018, in Kim v. Chang , No. 2D16-4063, the Florida Second DCA reversed a judgment for the appellee (the counterclaiming defendant in the trial court) on a count alleging intentional ...
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Jurisdictional Issues
- Florida First DCA rules that corporate shield doctrine bars personal jurisdiction over nonresident corporate officer named as defendant with corporate employer in wrongful death case January 23, 2019
  On December 28, 2018, in LaFreniere v. Craig-Myers, No. 1D18-1918, the Florida First DCA reversed a trial court’s denial of a defendant’s motion to dismiss in a wrongful death case for lack of ...
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- Florida Third DCA rules that foreign persons were not subject to service of process individually when compelled to attend U.S. deposition on behalf of defendant corporations January 11, 2018
  On January 3, 2018, in Queiroz v. Bentley Bay Retail , No. 3D17-1604, the Florida Third DCA reversed a trial court’s order denying Brazilian defendants’ motion to quash the service of process made ...
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- Eleventh Circuit rules that district court lacked jurisdiction under Alien Tort Statute over lawsuit against Chilean army officer for torture occurring in Chile January 10, 2018
  On January 3, 2018, in Jara v. Nunez , No. 16-15179, the Eleventh Circuit Court of Appeals affirmed a district court’s dismissal of a plaintiff’s claims which asserted U.S. district court jurisdiction ...
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Legal News
- Florida Fourth DCA rules that monetary caps on sovereign immunity waiver applied aggregately to all victims in shooting spree by estranged father previously under DCF investigation, certifies issue to Florida Supreme Court February 18, 2019
  On October 10, 2018, in State of Florida v. Barnett , No. 4D17-2840, the Florida Fourth DCA decided as a matter of first impression an issue involving the interpretation of section 768.28, Florida ...
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- Florida Fourth DCA rules that trial court's denial of defendant's summary judgment motion on fraud claims was not the "functional equivalent" of a determination that there was a reasonable evidentiary basis for punitive damages February 7, 2019
  On January 2, 2019, in KIS Group et al v. Moquin , No. 4D18-1435, the Florida Fourth DCA quashed a trial court’s order granting a plaintiff’s motion to amend his complaint to assert a claim for ...
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- Florida Supreme Court resolves DCA split, rules that proposals for settlement need not comply with email service requirements of Fla. R. Jud. Admin. 2.516 January 31, 2019
  On January 4, 2019, in Wheaton v. Wheaton , No. SC17-716, the Florida Supreme Court resolved a split between the Florida Third DCA and several other Florida DCAs, concluding that proposals for ...
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Medical Liens and Collateral Sources
- Eleventh Circuit rejects Florida Supreme Court’s interpretation of federal Medicaid statute, rules that Florida Medicaid agency may seek satisfaction of lien from both past and future medical expense components of personal injury settlement July 08, 2020
  On June 26, 2020, in Gallardo v. Mayhew., No. 17-13693, the Eleventh Circuit Court of Appeals ruled that federal Medicaid law does not preempt Florida’s Medicaid ...
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- Florida Fourth DCA rules that trial court erred in granting defendant’s motion to set off Medicare bill reductions after trial and not reducing PIP set off by premiums paid July 08, 2020
  On June 10, 2020, in Matrisciani v. Garrison Property and Casualty Insurance Company, No. 4D19-406, the Florida Fourth DCA affirmed in ...
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- Florida First DCA affirms Administrative Law Judge reduction of Medicaid lien in personal injury settlement by 91% due to the settlement discount from total damages May 12, 2020
  On April 17, 2020, in Agency for Health Care Administration v. Rodriguez, No. 1D19-1454, the Florida First DCA affirmed a ALJ’s determination that the $126,021 lien imposed by Medicaid for past medical expenses ...
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- Eleventh Circuit Court of Appeals rules assignee of reimbursement claim of Medicare Advantage Organization was barred from suing medical service providers because private Medicare Secondary Payor Act plaintiff can only sue primary plans for reimbursement March 22, 2019
  On March 18, 2019, in MSPA Claims 1, LLC, v. Tenet Florida, Inc. , No. 18-11816, the Eleventh Circuit Court of Appeals affirmed a district court ruling barring a claim to enforce a Medicare Advantage ...
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- Florida Fifth DCA rules that trial court erred by failing to apply collateral source setoff for Social Security disability payments to personal injury jury verdict February 6, 2018
  On February 2, 2018, in Oswald Woudhuizen and Power Design v. Smith , Case No. 5D17-575, the Florida Fifth DCA ruled that trial court erred by failing to apply a collateral source setoff for Social ...
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- Eleventh Circuit votes against rehearing en banc regarding its previous 2016 ruling upholding Medicare Advantage Organization's statutory right to double damages against tortfeasor's liability insurer January 31, 2018
  On January 25, 2018, in Humana Medical Plan v. Western Heritage Insurance , No. 15-11436, a majority of the active service judges on the Eleventh Circuit Court of Appeals voted against rehearing en ...
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Medical Negligence
- Florida Third DCA rules that children’s loss of consortium claims for injury to parent from alleged medical negligence did not relate back for statute of limitations purposes to date of filing of underlying lawsuit August 6, 2020
  On July 22, 2020, in Castro v. Linfante, No. 3D19-2136, a medical negligence case, the Florida Third DCA affirmed a trial court’s dismissal on statute of limitations grounds ...
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- Florida Second DCA finds that Fla. Stat. § 766.11, which provides sanctions for doctors who perform unnecessary diagnostic tests, is an independent cause of action from related common law medical negligence claim August 6, 2020
  On July 17, 2020, in Haynes v. Blackshear, No. 2D18-4649, the Florida Second DCA reversed a final judgment in favor of the defendant doctor in a medical negligence case ...
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- Florida Second DCA rules that date of defendant’s receipt of plaintiff’s notice of intent to initiate medical negligence litigation, rather than date of mailing, controls for statute of limitations purposes, certifies conflict with First, Fourth and Fifth DCAs August 6, 2020
  On July 1, 2020, in Boyle v. Samotin, et al., No. 2D18-2932, the Florida Second DCA affirmed the dismissal by the trial court of a medical negligence case based on statute of limitations grounds ...
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- Florida Fifth DCA rejects plaintiff’s argument that case premised on defendant doctor’s decision to admit patient to ICU, allegedly for revenue generating purposes, was not subject to medical negligence presuit statute June 12, 2020
  On May 29, 2020, in Rockledge HMA, LLC, et al. v. Lawley, No. 5D19-1223, the Florida Fifth DCA granted a defendant’s petition for certiorari in a medical negligence case and quashed a trial court’s ruling denying the defendant’s motion to dismiss the plaintiff’s complaint for failure to comply with Florida’s medical negligence presuit requirement ...
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- Florida Fourth DCA rules that case alleging hospital and care facility acted negligently in failing to ensure that hospital-prescribed medications were continued at care facility sounded in medical negligence and was subject to medical negligence pre-suit requirements June 12, 2020
  On May 20, 2020, in Henderson Behavioral Health, Inc. v. Cortes, No. 4D20-650, the Florida Fourth DCA granted the certiorari petitions of the defendants in a medical lawsuit and quashed a trial court’s ruling denying the defendants’ motion to dismiss the plaintiff’s complaint for failure to comply with Florida’s medical negligence pre-suit requirements ...
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- Florida Second DCA reverses jury verdict for plaintiff in medical negligence case, finds that defendant was denied the opportunity to present “empty chair” defense June 12, 2020
  On May 22, 2020, in Board of Trustees of University of South Florida v. Carter, No. 2D18-1219, the Florida Second DCA reversed a jury verdict and judgment for the plaintiff in a medical malpractice case after concluding that the trial court had prevented the defendant from presenting its defense ...
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- Florida Third DCA finds that trial court did not abuse discretion in allowing testimony in medical negligence trial from treating physicians which the plaintiff alleged contained impermissible standard of care and causation opinions May 12, 2020
  On April 1, 2020, in McDuffie v. Uribe, No. 3D18-2558, the Florida Third DCA affirmed a defense verdict in a medical negligence case filed by former Miami Dolphins player O.J. McDuffie ...
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- Florida First DCA rules that medical negligence allegation cannot form the basis of a claim of abuse claim under Florida’s Adult Protective Services Act and health care provider tortfeasor was not entitled to allocate fault with independent, subsequent tor August 9, 2019
  On July 15, 2019, in Specialty Hospital-Gainesville, Inc. v. Barth, No. 1D18-511, the Florida First DCA reversed a judgment in favor of the plaintiff in case which was brought under both Florida’s ...
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- Florida Fourth DCA reverses multi-million dollar judgment for plaintiff in medical negligence lawsuit on the basis of improper informed consent jury instruction July 12, 2019
  On June 12, 2019, in Sherrer v. Hollingsworth , No. 4D18-830, a medical negligence case, the Florida Fourth DCA reversed a multi-million dollar plaintiff’s verdict and ordered a new trial after ...
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- Florida Fourth DCA rules that defendant dentists were entitled to dismissal of patient’s lawsuit based on plaintiff’s failure to conduct statutorily required medical negligence pre-suit investigation April 5, 2019
  On March 27, 2019, in Seider v. Leibner , No. 4D18-3363, the Florida Fourth DCA granted the defendant dentists’ petition to quash a trial court order denying their motion to dismiss the lawsuit ...
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Motor Vehicle Negligence
- Florida Second DCA’s rules that Florida Dangerous Instrumentality doctrine does not extend liability to family member bailee of title owner’s vehicle who in turn entrusts vehicle to a third party May 12, 2020
  On April 1, 2020, in Lambert v. Emerson, No. 2D18-1872, the Florida Second DCA reversed a trial court’s denial of a defendant’s motion for a directed verdict ...
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- Florida First DCA affirms directed verdict for plaintiff on issue of permanency in motor vehicle negligence case; finds that jury is not free to ignore undisputed expert evidence as to permanency August 8, 2019
  On July 15, 2019, in Chappell v. Clark , No. 1S17-1806, the Florida First DCA affirmed a trial court ruling in a motor vehicle negligence case which granted the plaintiff’s motion for a directed ...
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- Florida Fourth DCA rules that insufficient evidence of aggravation of preexisting condition was presented at motor vehicle negligence trial to allow for jury instruction on issue July 19, 2018
  On June 6, 2018, in Sanchez v. Martin , No. 4D17-1731, the Florida Fourth DCA reversed a judgment in favor of the plaintiff in a motor vehicle negligence case, concluding that the trial court erred in ...
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- Florida Fourth DCA affirms trial court's enforcement of settlement agreement between parties, concludes that disputed language of release did not prevent meeting of the minds March 5, 2018
  On February 28, 2018, in Tovar v. Russell , No. 4D17-1055, the Florida Fourth DCA affirmed a trial court order enforcing a settlement agreement between the parties in a motor vehicle negligence case ...
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NICA – Florida Birth-Related Neurological Injury Compensation
- Florida Third DCA rules that plaintiffs electing to pursue a civil action in lieu of NICA benefits under the exception to NICA exclusivity in § 766.303(2) were permitted to dismiss NICA petition prior to determination of final award amount October 31, 2019
  On August 28, 2019, in Florida Birth-Related Neurological Injury Compensation Association v. Jimenez, No. 3D18-1814, the Florida Third DCA affirmed an ALJ’s order granting the plaintiff’s voluntary dismissal of their claim in an administrative proceeding filed pursuant to the terms of the Florida Birth-Related Neurological Injury Compensation Plan, sections 766.301-.316, Florida Statutes (2018) ...
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Nursing Home Negligence
- Florida Second DCA quashes trial order granting plaintiff leave to amend complaint to add punitive damages count in nursing home negligence case August 06, 2020
  On July 8, 2020, in Life Care Centers of America, Inc. v. Croft, No. 2D19-3040, the Florida Second DCA quashed an order from a Polk County trial court which had granted the plaintiff in a nursing home negligence case ...
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Personal Injury
- Florida Third DCA rules that physical therapy services provided by a licensed massage therapist do not qualify for personal injury protection (PIP”) insurance reimbursement March 17, 2020
  On February 26, 2020, in Geico General Insurance Co. v. Beacon Healthcare Ctr. Inc. et al., No. 3D18-2030, the Florida Third DCA considered three consolidated appeals in which the Miami-...
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- Florida Second DCA finds that county school board was not exempt from PIP insurer’s reimbursement demand for benefits paid to injured school bus passengers June 13, 2019
  On May 24, 2019, in Lee County School Board v. State Farm , No. 2D17-4595, the Florida Second DCA affirmed a trial court order finding the Lee County School Board and its insurer liable to State Farm ...
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- 6 Tips to Prepare for Hurricane Season June 6, 2019
  Hurricane season is upon us and it is important to be prepared in order to protect yourself and your family from these potentially destructive and dangerous storms. Here are some crucial tips that ...
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- Florida Supreme Court resolves DCA conflict, rules that PIP insurer must apply PIP deductible before reduction based on statutory schedule of maximum charges January 17, 2019
  On December 28, 2018, in Progressive Select Insurance Company v. Florida Hospital Medical Center , No. SC18-278, the Florida Supreme Court resolved a conflict between the Fourth and Fifth DCAs, ...
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Physical Impact Rules
- Florida Fourth DCA finds that that "impact rule" barred parents' recovery of damages for emotional distress arising from funeral home’s allegedly negligent loss of infant's cremated ashes April 27, 2020
  On March 11, 2020, in Williams v. Boyd-Panciere Family Funeral Care, Inc., No. 4D19-473, the Florida Fourth DCA affirmed a summary judgment for the defendant ...
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Premises Liability
- Florida Forth DCA rules that arbitration provision in release and waiver form was valid and enforceable against minor accident victim who forged parent’s signature on form September 10, 2020
  On August 12, 2020, in Off the Wall & Gameroom LLC v. Gabbai, No. 4D19-2657, the Florida Fourth DCA reversed a trial court’s ruling denying a defendant’s motion to compel arbitration ...
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- Eleventh Circuit rules that calculation of medical expense component of damages in maritime negligence case is not limited to amount paid after negotiated reductions September 10, 2020
  On August 14, 2020, in Higgs v. Costa Crociere S.P.A. Company, No. 19-10371, the Eleventh Circuit Court of Appeals affirmed in part and reversed in part a trial verdict and judgment ...
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- Florida Fourth DCA rules that plaintiff’s premises liability lawsuit against customer of plaintiff’s employer was barred by exculpatory clause in plaintiff’s employment agreement August 06, 2020
  On July 22, 2020, in Merlien v. JM Family Enterprises, Inc., et al, No. 4D19-2911, the Florida Fourth DCA affirmed a trial court’s summary judgment in favor of the defendant ...
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- Florida Fourth DCA rules that plaintiff’s prior statement alleging cause of accident at odds with stipulation of the parties was inadmissible as substantive evidence August 06, 2020
  On July 22, 2020, in Emmitt v. First Transit, Inc., No. 4D19-721, the Florida Fourth DCA reversed a trial court order which had granted a new trial to a defendant in a premises liability case ...
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- Eleventh Circuit rejects plaintiff’s res ipso loquitur and spoliation claims against defendant cruise line in lawsuit involving collapsed stateroom chair August 06, 2020
  On July 14, 2020, in Tesoriero v. Carnival Corporation, No. 18-11638, the Eleventh Circuit Court of Appeals affirmed a summary judgment in favor of the defendant cruise line ...
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- Florida Second DCA reverses summary judgment for defendant in premises liability case, finds that condo association president’s knowledge of elevator complaints precluded summary judgment August 06, 2020
  On July 8, 2020, in Vogel v. Cornerstone Doctors Condominium Association, Inc., No. 2D19-1084, the Florida Second DCA reversed a trial court’s summary judgment for the defendant in a premises liability case ...
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- Florida Third DCA reverses trial court’s dismissal of premises liability case involving fall at Homestead model home site; finds issue of material fact as to whether builder, through an uncommon design or mode of construction, created a hidden danger on its property that a prudent invitee would not anticipate August 06, 2020
  On July 1, 2020 in Echevarria v. Lennar Homes, LLC, 3D19-1422, a premises liability case involving the plaintiff’s fall at a model home site in Homestead, Florida ...
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- Florida Third DCA affirms dismissal of premises liability case involving slip and fall at Hialeah clothing store; finds no evidence that defendant had actual or constructive knowledge of alleged dangerous condition August 06, 2020
  On July 1, 2020, in Morales v. Ross Dress for Less. Inc., No. 3D19-0795, a premises liability case involving the plaintiff’s slip and fall at the defendant’s store in Hialeah, Florida, the Florida ...
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- Eleventh Circuit Court of Appeals rules that forum selection clause in Carnival Corporation’s passenger cruise ticket prevented plaintiff from dismissing her negligence lawsuit against Carnival pending in federal court July 08, 2020
  On June 30, 2020, in Deroy v. Carnival Corporation, No. 18-12619, the Eleventh Circuit Court of Appeals reversed a district court ruling that had dismissed a plaintiff cruise ship passenger’s negligence lawsuit ...
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- Eleventh Circuit reverses summary judgment for defendant cruise line in maritime-negligence case July 08, 2020
  On June 16, 2020, in Amy v. Carnival Corporation, No. 18-14917, the Eleventh Circuit Court of Appeals reversed a summary judgment entered ...
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- Florida Second DCA rules that whether defendant store breached its duty to warn the plaintiff of the danger posed by a spilled liquid was genuine issue of material fact for jury determination June 12, 2020
  On May 27, 2020, in Fredrick v. Dolgencorp, LLC, No. 2D18-4621, the Florida Second DCA reversed a trial court’s summary judgment in favor of a premises liability defendant after concluding that genuine issues of material fact remained as to whether the defendant, Dollar General Store, breached its duty to warn the plaintiff of the danger posed by a spilled liquid at the store ...
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- Florida Fourth DCA reverses summary judgment for county premises liability defendant, concluding that county waived statutory immunity from liability for in-line skating injury by not including as an affirmative defense June 12, 2020
  On May 20, 2020, in Griffin v. Palm Beach County Board of County Commissioners, No. 4D19-1396, the Florida Fourth DCA reversed a trial court ruling granting summary judgment to defendant Palm Beach County in a premises liability case ...
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- Florida Fifth DCA rules that trial court erred in granting summary judgment for defendant in premises liability case involving cheerleading accident, concludes that video evidence of accident did not foreclose defense liability June 12, 2020
  On May 15, 2020, in Carlson v. Volusia County Schools, et al., No. 5D19-91, the Florida Fifth DCA reversed a summary judgment entered by the trial court for the defendant City of DeLand in a premises liability case brought by the family of a student who suffered injuries while cheerleading at a sporting event held on City property ...
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- Florida Third DCA finds that additional allegations in plaintiff’s summary judgment affidavit beyond allegations contained in deposition testimony did not invalidate affidavit May 12, 2020
  On April 29, 2020, in Najeera v. Tropical Supermarket Corp., No 3D18-2255, the Florida Third DCA reversed a summary judgment ...
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- Florida Second DCA rules that trial court erred in granting summary judgment to defendant in slip and fall premises liability case May 12, 2020
  On April 29, 2020, in Norman v. DCI Biologicals Dunedin, LLC, No. 2D183065, the Florida Second DCA reversed a summary judgment entered ...
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- Eleventh Circuit reverses district court summary judgment for defendant cruise line in premises liability slip and fall case May 12, 2020
  On April 15, 2020, in Carroll v. Carnival Corporation, No. 17-13602, the Eleventh Circuit Court of Appeals reversed a district court’s summary judgment for the defendant cruise line in a premises liability slip and fall case ...
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- Florida Third DCA rules that physical therapy services provided by a licensed massage therapist do not qualify for personal injury protection (PIP) insurance reimbursement March 17, 2020
  On February 26, 2020, in Geico General Insurance Co. v. Beacon Healthcare Ctr. Inc. et al., No. 3D18-2030, the Florida Third DCA considered three consolidated appeals in which the Miami-Dade County Court had ...
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- Florida Third DCA finds that defendant condominium building owner was jointly and severally liable with independent contractor for plaintiff’s personal injury damages in premises liability case March 17, 2020
  On February 26, 2020, in Walters v. Beach Club Villas Condominium, Inc., No. 3D17-0753, the Florida Third DCA reversed a trial court’s ruling that a defendant in a premises liability case was ...
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- Florida Fourth DCA rules that grocery store defendant in slip and fall case was entitled to summary judgment because there were no disputed factual issues about the store’s constructive knowledge of spill March 17, 2020
  On February 19, 2020, in Oliver v. Winn-Dixie Stores, Inc., No. 4D19-291, the Florida Fourth DCA affirmed a summary judgment entered by the trial court in favor of the grocery store ...
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- Florida Third DCA rules that hotel guest who was not at hotel when tort was committed owed no duty of care to companion who remained at the hotel and was killed by third party March 17, 2020
  On February 19, 2020, in The Waves of Hialeah, Inc. v. Machado, et al., No. 3D18-300, the Florida Third DCA affirmed the trial court’s directed verdict excluding the defendant’s requested ...
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- Florida Third DCA rules that whether City of Coral Gables’ created a dangerous condition in placement of palm trees in street median was an issue of material fact for the jury July 31, 2019
  On July 10, 2019, in Bejarano v. City of Coral Gables , No, 3D17-2636, the Florida Third DCA reversed a summary judgment entered by the trial court for the defense in a premises liability case ...
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- Florida Fourth DCA reverses trial court’s dismissal of plaintiff’s slip and fall complaint; plaintiff’s knowledge of dangerous condition raised comparative negligence issue rather than bar to claim for failure to maintain the premises in a reasonable safe July 16, 2019
  On June 12, 2019, in Leon v. Pena, et al , No. 4D18-2071, the Florida Fourth DCA reversed a trial court’s dismissal of the plaintiff’s slip and fall negligence lawsuit against her landlords for ...
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- Florida Fifth DCA reverses trial court’s dismissal of plaintiff’s pro se premises liability negligence complaint against county library, finds that plaintiff sufficiently stated claim against library June 21, 2019
  On May 31, 2019, in Maldonado v. Orange County Public Library System , No. 5D18-2800, the Florida Fifth DCA reversed a trial court’s dismissal of the plaintiff’s complaint against the defendant county ...
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Privileges
- Florida Fifth DCA rules that defendant waived work product privilege by allowing corporate representative to testify about content of privileged documents September 10, 2019
  On August 7, 2020, in Quest Diagnostics Incorporated v. Hall, No. 5D20-255, the Florida Fifth DCA denied a defendant’s certiorari petition ...
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- Florida Second DCA denies plaintiff’s request for property insurer’s claim file in dispute with insurer over denial of property damage claim, finds work product privilege applies due to prospect of litigation even though no litigation ever occurred on that claim March 17, 2020
  On February 7, 2020, in Progressive American Insurance Company v. Herzoff, No. 2D19-2342, the Florida Second DCA quashed a discovery order entered by the trial court which had required ...
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- Florida Fourth DCA rules that absolute immunity for communications during judicial proceedings does not provide immunity to a psychotherapist for revealing communications regarding a patient contrary to section Fla. Stat. § 490.0147 May 2, 2019
  On April 24, 2019, in Estape v. Seidman , No. 4D17-3336, the Florida Fourth DCA reversed a summary judgment entered for a defendant psychotherapist in a case in which the plaintiff alleged that the ...
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Product Liability
- Florida Second DCA quashes trial court order which included "sharing provision" in protective order allowing plaintiff to share defendant's confidential business information with plaintiffs in other cases August 06, 2020
  On July 8, 2020, in Samsung SDI Co., Ltd., v. Hildreth, No. 2D19-3607, a product liability case involving an allegedly defective battery manufactured by the defendant, ...
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- Florida First DCA reverses jury verdict against synthetic marijuana manufacturer in failure to warn product liability case, holds that jury cannot consider proximate cause where a person responsible for the injury is voluntarily impaired or intentionally misuses a product July 08, 2020
  On June 8, 2020, in DZE Corporation v. Vickers, No. 1D18-5081, the Florida First DCA reversed a trial court ruling denying the defendant, a manufacturer of synthetic marijuana, ...
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- Florida Supreme Court approves changes to product liability jury instructions March 17, 2020
  On February 27, 2020, in IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES—REPORT NO. 19-03, the Florida Supreme Court amended several Standard Jury Instructions ...
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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 March 12, 2018
  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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- Florida Third DCA denies new trial to tobacco company on defective product claim, finding no reversible error in failure to charge jury on "consumer expectations" test not relied upon by plaintiff July 6, 2017
  On June 28, 2017, in R.J. Reynolds Tobacco Co. v. Larkin , No. 3D16-910, the Florida Third DCA reversed a decision by the trial court granting a new trial to the defendant tobacco company on a ...
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- Florida Third DCA affirms trial court's denial of defendant's motion to dismiss product liability claim on forum non conveniens grounds April 29, 2017
  On April 26, 2017, in Taurus International Manufacturing v. Friend , No. 3D16-1960, the Florida Third DCA affirmed the trial court's denial of the defendant's motion to dismiss a product liability ...
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Professional Negligence
- Florida Second DCA reverses trial court’s dismissal of plaintiff’s legal malpractice lawsuit on statute of limitations grounds September 10, 2020
  On August 14, 2020, in Hurley v. Lifsey, No. 2D19-1438, the Florida Second DCA reversed a trial court’s dismissal of the plaintiff’s legal malpractice case ...
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- Florida First DCA affirms jury verdict and judgment for defendants in consolidated bad faith/professional negligence actions by doctor against professional liability insurer and law firm which represented him in medical negligence case September 10, 2020
  On August 7, 2020, in Samiian v. First Professional Insurance Company, Inc., No. 1D19-120, the Florida First DCA affirmed a final judgment in favor of the defendants ...
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- Florida Fifth DCA reverses trial court’s dismissal of plaintiffs’ professional negligence complaint against mortgage foreclosure defense attorney; concludes that complaint was ripe for litigation even though the full extent of plaintiffs’ losses had not ye March 4, 2019
  On February 22, 2019, in Rodriguez v. Otero , No. 5D17-3043, the Florida Fifth DCA reversed a trial court’s dismissal of the plaintiffs’ professional negligence complaint against their mortgage ...
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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 October 19, 2018
  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 Fourth DCA rules that trial court erred in entering summary judgment for law firm defendant in professional negligence lawsuit involving mortgages with erroneous property descriptions July 20, 2018
  On July 5, 2018, in JBJ Investment of South Florida v. Southern Title Group, et al ., No. 4D16-1925, the Florida Fourth DCA ruled that a trial erred in entering a summary judgment for a law firm ...
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Proposals for Settlement
- Florida Fourth DCA rules that proposal for settlement containing erroneous settlement amount was void because it was not authorized by client September 10, 2020
  On August 19, 2020, in Dale v. Schaub et al., No. 4D19-900, the Florida Fourth DCA reversed a trial court ruling that denied a plaintiff’s motion to withdraw a proposal ...
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- Florida Third DCA rules that defendant’s nominal proposal for settlement was not made in bad faith because defense had well-founded and correct belief that sovereign immunity barred lawsuit July 25, 2019
  On June 19, 2019, in Miccosukee Tribe of Indians of Florida v. Lewis Tein , P.L ., et al. , No, 3D18-1132, the Florida Third DCA reversed a trial court’s ruling that the prevailing defendant was not ...
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- Florida Fifth DCA rules that cost of non-testifying expert is not a taxable cost that can be counted in determining whether 125% proposal for settlement threshold has been passed to qualify for award of attorney’s fees and costs under Fla. Stat. § 768.79 July 19, 2019
  On June 14, 2019, in R.J. Reynolds Tobacco Company v. Lewis , No. 5D17-773, the Florida Fifth DCA reversed a trial court’s award of attorney’s fees and costs to a prevailing plaintiff in an Engle ...
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- Florida Second DCA rules that Florida’s proposal for settlement statute, Section 768.79, was inapplicable to negligence case governed by federal maritime law April 25, 2019
  On April 17, 2019, in Marco Marine Construction, Inc. v. Kopras , No. 2D17-1734, the Florida Second DCA reversed a trial court’s ruling granting the prevailing plaintiff attorney’s fees under Section ...
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Protection Insurance
- Florida Second DCA finds that county school board was not exempt from PIP insurer’s reimbursement demand for benefits paid to injured school bus passengers June 13, 2019
  On May 24, 2019, in Lee County School Board v. State Farm , No. 2D17-4595, the Florida Second DCA affirmed a trial court order finding the Lee County School Board and its insurer liable to State Farm ...
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Punitive Damages
- Florida First DCA rules that trial court was not required to make express findings when ruling on plaintiff’s motion to amend complaint to assert punitive damages claim, certifies conflict with Third, Fourth and Fifth DCAs September 10, 2020
  On August 19, 2020, in Watt v. Lo, No. 1D19-2994, the Florida First DCA denied the certiorari petition of a defendant in a motor vehicle personal injury action ...
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- Florida Second DCA reviews procedural rules for punitive damages claim in nursing home negligence case, finds trial court did not make necessary finding regarding evidence of nursing home’s direct or vicarious liability for actions of employees July 8, 2019
  On June 12, 2019, in Carpenters Homes Estate, Inc, v. Sanders, No. 2D18-2608, the Florida Second DCA granted a petition for writ of certiorari filed by the defendant nursing home in a nursing home ...
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- Florida First DCA affirms denial of plaintiff’s motion to add punitive damages claim against defendant corporation; emergency room supervisor was not a “manager” under F.S. § 768.72(3) whose conduct could expose the defendant corporation to liability for p June 7, 2019
  On May 16, 2019, in Tallahassee Memorial HealthCare v. Dukes , No. 1D18-2426, the Florida First DCA affirmed the trial court’s denial of a plaintiff’s motion to add punitive damages claim against the ...
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- Florida Fourth DCA denies corporate defendant’s certiorari petition objecting to trial court order allowing prosecution of punitive damages claim; inclusion of claim was permissible because it was based on alleged direct, rather than vicarious, liability o May 8, 2019
  On April 24, 2019, in The Event Depot Corp. v. Frank , No. 4D18-2306, the Florida Fourth DCA denied a corporate defendant’s certiorari petition objecting to a trial court order allowing a punitive ...
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Qui Tam
- Eleventh Circuit vacates trial court's dismissal of qui tam relator's claim against defense contractor; remands for review of complaint's sufficiency under implied certification theory February 13, 2018
  On January 26, 2018, in Marsteller v. Tilton, et al, No. 16-11997, the Eleventh Circuit Court of Appeal vacated the district court’s dismissal of a qui tam relator’s complaint against a defense ...
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- Eleventh Circuit affirms summary judgment for qui tam defendant, finding insufficient evidence that defendant knew it failed to comply with ambiguous Medicare regulations June 9, 2017
  On May 26, 2017, in United States v. Lincare Holdings , LLC , No. 16-10532, the Eleventh Circuit Court of Appeals affirmed the trial court’s summary judgment for a qui tam defendant in a case ...
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- Eleventh Circuit Court of Appeals affirms trial court's approval of government's settlement agreement with False Claims Act qui tam defendant over relators' objection May 7, 2017
  On May 3, 2017, in Christiansen v. Everglades College, Inc. , No. 16-11839, the Eleventh Circuit Court of Appeals affirmed the trial court’s decision to award substantially lower damages, attorney’s ...
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Settlement
- Florida Third DCA affirms trial court's denial of prevailing defendant's motion for attorney's fees December 26, 2018
  On November 21, 2018, in Starboard Cruise Services, Inc. v. DePrince, No. 3D16-2009, the Florida Third DCA affirmed a trial court’s denial of the prevailing defendant’s motion for attorney’s fees. The ...
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- Florida Third DCA withdraws previous opinion, holds that joint proposal for settlement was fatally ambiguous November 20, 2018
  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 November 13, 2018
  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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Sovereign Immunity
- Florida Fourth DCA affirms trial court’s denial of defendant security guard's motion to dismiss on sovereign immunity grounds in wrongful death lawsuit arising from 2018 Stoneman Douglas High School shooting August 06, 2020
  On July 1, 2020, in Medina v. Pollack, No. 4D19-777, the Florida Fourth DCA affirmed a trial court’s denial of the defendant’s motion to dismiss the complaint based on sovereign immunity ...
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- Florida First DCA rejects essential government functions test in determining defendant’s sovereign immunity status May 12, 2020
  On April 21, 2020, in Operations Management International, Inc. v. Johnson, No. 1D19-3393, the First DCA affirmed a trial court’s denial ...
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- Florida First DCA rules that liability of law enforcement agency for injuries caused by motor vehicle pursuit requires proof of officer’s recklessness exceeding gross negligence July 1, 2019
  On June 12, 2019, in Ross v. City of Jacksonville , No. 1D18-2994, the Florida First DCA considered as a matter of first impression the application of the current version of Section 768.28(9)(d), ...
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- Florida Third DCA rules that sovereign immunity shielded county from liability for discretionary decisions made concerning allocation of resources to provide security for park partygoers July 6, 2018
  On April 25, 2018, in Sanchez v. Miami-Dade County , No. 3D16-959, the Florida Third DCA ruled that the defendant county had sovereign immunity under Fla. Stat. section 768.28(9) which barred the ...
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- Florida First DCA dismisses interlocutory appeal of trial court order denying defendant's summary judgment motion based on sovereign immunity February 27, 2018
  On February 23, 2018, in Florida Highway Patrol v. Jackson , No, 1D16-3940, dismissed the interlocutory appeal of a trial court order denying the defendant FHP’s summary judgment motion based on ...
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Statute of Limitations
- Florida First DCA rules that relation back doctrine applied to amended complaint in wrongful death case involving state prison inmate, permitting filing after expiration of statute of limitations June 12, 2019
  On May 21, 2019, in Halveland v. Florida Department of Corrections , No. 1D18-1822, the Florida First DCA reversed a trial court ruling which had denied a plaintiff’s motion to amend her complaint ...
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- Florida Third DCA affirms trial court’s dismissal of plaintiff’s negligence complaint against surveyor, rejects application of delayed discovery doctrine to statute of limitations bar April 15, 2019
  On April 10, 2019, in Broz v. R.E. Reece , No. 3D18-273, the Florida Third DCA affirmed the trial court’s dismissal of a homeowner’s negligence complaint against the surveyor who prepared the property ...
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- Florida Fifth DCA rules that four-year negligence statute of limitations in child sex abuse case began running on date of abuse rather than later date of discovery July 17, 2018
  On May 18, 2018, in R.R. and S.B. v. New Life Community Church of CMA, Inc., No. 5D16-4149, the Florida Fifth DCA issued a per curiam ruling affirming a trial’s court’s summary judgment in favor of ...
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Tobacco Litigation
- Florida Third DCA affirms directed verdict for defendant tobacco company on plaintiff’s punitive damages claims in Engle-progeny tobacco case September 10, 2020
  On August 5, 2020, in Hardin v. R.J. Reynolds Tobacco Company, No. 3D18-0958, an Engle- progeny tobacco case, the Florida Third DCA affirmed a trial court’s directed verdict in favor of the defendant tobacco company ...
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- Florida Third DCA affirms multi-million verdict against tobacco company in Engle-progeny tobacco lawsuit August 06, 2020
  On July 15, 2020, in R.J. Reynolds Tobacco Company v. Rouse, No. 3D19-0629, the Florida Third DCA affirmed a trial court ruling denying the defendant tobacco company’s ...
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- Florida Fourth DCA concludes that decedent smoker’s case against tobacco companies qualified as Engle progeny case even though the diagnosis of the smoker’s cancer did not occur until after the Engle class cut-off date June 12, 2020
  On May 6, 2020, in Philip Morris USA Inc., et al, v. Santoro, No. 4D18-1730, the Florida Fourth DCA affirmed a trial court ruling denying the defendant tobacco companies’ motion for a directed verdict in a wrongful death tobacco case ...
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- Florida Fourth DCA finds that tobacco company defendant’s use of the term “filter” in advertising its cigarettes was a deceptive statement because filters do nothing to make cigarettes healthier March 17, 2020
  On February 26, 2020, in R.J. Reynolds Tobacco Company v. Burgess, No. 4D18-3014, the Florida Fourth DCA affirmed a $3 million judgment for the plaintiff, the surviving spouse of the ...
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- Florida Third DCA rules that trial court committed reversible error by allowing the plaintiff to testify that her physicians had told her that her lung cancer was caused by cigarette smoking March 25, 2019
  On March 20, 2019, in Phillip Morris USA v. Gloger , No. 3D18-341, the Florida Third DCA reversed a final judgment for an Engle -progeny tobacco plaintiff and remanded the caser for a new trial due to ...
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- Eleventh Circuit follows Florida Supreme Court precedent; rules in Engle progeny tobacco case that intentional tort judgment precluded comparative fault reduction on all claims January 29, 2018
  On January 25, 2018, in Smith v. R. J. Reynolds Tobacco Co ., No, 13-14316, the Eleventh Circuit Court of Appeals affirmed a district court’s decision not to reduce a compensatory damage award in an ...
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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 January 18, 2018
  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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Torture Victims Protection Act
- Eleventh Circuit Court of Appeals reverses district court judgment for the defense in wrongful death case against former President and Defense Minister of Bolivia September 10, 2020
  On August 3, 2020, in Mamani v. Bustamante, No. 18-12728, the Eleventh Circuit Court of Appeals vacated a judgment by a district court in a wrongful death case ...
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Toxic Torts
- Florida Supreme Court rules that Florida’s 1983 Water Quality Assurance Act permits recovery for personal injuries January 17, 2020
  On December 19, 2019, in Lieupo v. Simon’s Trucking, Inc., No. SC18-657, the Florida Supreme Court answered a certified question of great public importance from the Florida First DCA ...
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Uninsured Motorist
- Florida Fifth DCA rules that advance payment by UM insurer to insured operated as a set-off from judgment in UM case September 10, 2020
  On August 21, 2020, in Solomon v. State Farm, No. 5D18-3920, the Florida Fifth DCA ruled that a “good faith payment” made as an advance payment to the plaintiff ...
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- Fifth DCA rules that where two UM policies provided coverage for the same loss, one of which provided pro rata coverage and the other pure excess coverage, the pure excess provision controlled August 06, 2020
  On July 24, 2020, in Progressive Express Insurance Company v. Ferris, et al., No. 5D19-1967, the Florida Fifth DCA reversed a trial court ruling in a case involving a dispute between insurance companies ...
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- Florida Fourth DCA rules that Florida UM statute prohibiting “duplication” of benefits to an insured from other specified sources includes other UM policies; defendant UM insurer was entitled to set off for payment to insured from another UM carrier July 08, 2020
  On June 24, 2020, in Liberty Mutual Insurance Company v. Wolfson, No. 4D18-3652, the Florida Fourth DCA reversed a trial court’s final judgment ...
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- Florida Second DCA withdraws previous opinion and reverses position, finding that insurance policy that provided "basic liability coverage" for relative of insured triggered entitlement to UM coverage July 08, 2020
  On June 19, 2020, in Owners Insurance Company v. Allstate Fire and Casualty Insurance Company, No. 2D18-2309, the Florida Second DCA withdrew ...
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- Florida First DCA rules that insured was prohibited from recovering non-stacked benefits under UM policy after electing stacked benefits under separate UM policy May 12, 2020
  On April 27, 2020, in Hoffman v. Progressive Insurance Company, No. 1D19-1218, the First DCA affirmed a trial court ruling that the plaintiff was not entitled ...
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- Florida Second DCA reverses trial court ruling that plaintiff was covered under her sister’s Uninsured Motorist policy; because rental car was not a “covered auto,” plaintiff was not an “insured person” entitled to coverage under the policy June 10, 2019
  On May 15, 2019, in Progressive American Insurance Company v. Pawelczyk , No. 2D18-1651, the Florida Second DCA reversed a trial court’s ruling that the plaintiff in a declaratory judgment action was ...
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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. October 26, 2018
  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 Fourth DCA rules GEICO's online form to elect non-stacked UM coverage invalid under Fla. Stat. Section 627.727, precluding possibility of oral waiver by insured July 9, 2018
  On April 25, 2018, in Jervis v. Castaneda and Geico General Insurance , No. 4D17-332, the Florida Fourth DCA ruled that Geico’s online form to elect non-stacked coverage was invalid under Fla. Stat. ...
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Vicarious Liability
- Florida Fifth DCA rules that whether pizza chain was vicariously liable for negligent conduct by a franchisee's employee was a disputed question of agency subject to jury determination July 9, 2018
  On May 11, 2018, in Domino’s Pizza v. Wiederhold, et al. , No. 5D16-2794, the Florida Fifth DCA ruled that whether Domino’s Pizza was vicariously liable for negligent conduct by a franchisee’s ...
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Whistleblower
- Florida First DCA affirms summary judgment denying claim of school district employee under the Florida Whistleblower’s Act, concluding that plaintiff’s letter asking for higher rate of pay was not a protected disclosure under the Act July 08, 2020
  On June 29, 2020, in Pickford v. Taylor County School District, No. 1D19-1924, the Florida First DCA affirmed a trial court’s summary judgment for the defendant ...
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- Eleventh Circuit reverses district court, finds that sufficient evidence supported verdict against defendant nursing home facilities in False Claims Act case filed by former employee July 08, 2020
  On June 25, 2020, in Ruckh v. Salus Rehabilitation, LLC, et al, No. 18-10500, the Eleventh Circuit Court of Appeals reversed a district court ruling ...
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- Florida Fourth DCA affirms jury verdict and judgment for plaintiff in case brought under Florida’s Whistleblower Act June 12, 2020
  On May 27, 2020, in Le Publications, Inc., et al, v. Kohl, No. 4D19-2053, the Florida Fourth DCA affirmed a jury verdict in favor of the plaintiff in a case brought under Section 448.102, Florida Statutes (2005), also known as Florida’s Whistleblower Act (“FWA”) ...
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- Florida First DCA affirms dismissal of whistleblower complaint brought by public university student, concluding that only public employees are entitled to the protections of the Florida Whistle-blowers Act June 3, 2019
  On May 6, 2019, in Bradford v. Florida A&M University Board of Trustees , the Florida First DCA affirmed the dismissal of a whistleblower complaint that had been filed with the Florida Commission of ...
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- Florida Fourth DCA denies certiorari petition of plaintiff whistleblower seeking temporary employment reinstatement under Florida Whistle-blower’s Act. May 30, 2019
  On May 1, 2019, in Hatfield v. North Broward Hospital District , No. 4D18-3483, the Florida Fourth DCA denied the petition of a plaintiff for certiorari review of a trial court order denying her ...
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- Florida Second DCA rules that plaintiff’s lawsuit under Florida Whistle-blower’s Act was subject to dismissal for failure to first pursue administrative remedies April 29, 2019
  On April 26, 2019, in The School Board of Hillsborough County v. Woodford , No. 2D18-1463, the Florida Second DCA reversed a trial court’s denial of the defendant school board’s motion to dismiss in a ...
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Workers Comp
- Florida First DCA rules that subcontractor's corporate officer who elected exemption from Workers' Compensation Law was not entitled to bring tort claim general contractor November 22, 2017
  On November 15, 2017, in Gladden v. Fisher Thomas Inc., No. 1D16-1752, the Florida First DCA affirmed a trial court’s summary judgment for the defendant in a tort case because the claim was barred by ...
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- Florida Fourth DCA affirms summary judgment for defendant company on the basis that work injury to "borrowed employee" was subject to Worker's Compensation immunity May 28, 2017
  On May 17, 2017, in Morera v. Waste Management Inc. of Florida , No. 4D14-3135, the Florida Fourth DCA affirmed the trial court’s summary judgment in favor of the defendant in a personal injury ...
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Wrongful Death
- Fourth DCA rules that law firm that allegedly maintained open bar for employees was not liable under Reverse Dram Shop Act for employee's subsequent accidental death while intoxicated July 19, 2018
  On June 6, 2018, in Salerno v. Del Mar Financial Service, LLC; Gladstone Law Group, P.A. et al , No. 4D17-305, the Florida Fourth DCA affirmed a trial court’s dismissal of a wrongful death complaint ...
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- Florida Third DCA rules that federal Death on the High Seas Act is inapplicable to deaths occurring within Florida's territorial waters extending up to shoreward edge of Gulf Stream July 18, 2018
  On June 6, 2018, in Kipp v. Amy Slate’s Amoray Dive Center , No. 3D17-316, the Florida Third DCA reversed a trial court’s dismissal of the plaintiff’s wrongful death complaint against two defendants ...
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- Florida Fifth DCA rules that plaintiff who married decedent after the date of the injury leading to his death could still recover damages under Wrongful Death Act July 9, 2018
  On May 11, 2018, in Domino’s Pizza v. Wiederhold, et al. , No. 5D16-2794, the Florida Fifth DCA ruled that a surviving spouse who had married the decedent after the date of the injury which led to his ...
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Zone of Risk Negligence
- Florida Third DCA rules that hotel which provided golf cart shuttle service to guests did not assume a duty to transport persons off property and was not liable for guest’s injuries from being struck as a pedestrian by a motor vehicle August 06, 2020
  On July 29, 2020, in Luckman v. Wills, et al., No. 3D19-453, the Florida Third DCA affirmed a summary judgment entered by the trial court on behalf of the defendant in a wrongful death case ...
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- Florida Fourth DCA affirms dismissal of complaint against mental health treatment facility brought by family of victim killed in in Marjory Stoneman Douglas High School shooting June 12, 2020
  On May 27, 2020, in Pollack v. Cruz, et al. No. 4D19-1512, the Florida Fourth DCA ruled in a lawsuit arising out of the tragic shooting at Marjory Stoneman Douglas High School in 2018 ...
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- Florida Fourth DCA affirms dismissal of negligence lawsuits brought by Pulse nightclub shooting victims against employer of shooter. May 12, 2020
  On April 1, 2000, in Abad, et al, v. G4S Secure Solutions (USA), Inc., No. 4D18-2658, the Florida Fourth DCA affirmed a trial court’s dismissal of the plaintiff’s consolidated negligence lawsuits against the defendant security company ...
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