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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

      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

      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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    • Florida Fourth DCA rules that nursing home's arbitration agreement was not proceduraly unconscionable despite being executed 34 days after patient's admission

      On July 5, 2017, in FI-Pompano Rehab, LLC v. Irving , No. 4D16-3121, the Florida Fourth DCA reversed a trial court’s non-final order denying a nursing home’s motion to compel arbitration of a ...

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    • 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

      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

      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

      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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    • 6 Tips to Prepare for Hurricane Season

      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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    • 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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    • Florida Fifth DCA rules that trial court erred in ordering non-party resident of Colorado to appear for deposition in Florida as a designated corporate representative of corporate plaintiff

      On May 10, 2019, in U.S. Bank National Association v. Williamson , Np. 5D18-3992, the Florida Fifth DCA granted the petition of the plaintiff bank in a foreclosure action to quash a trial court order ...

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    • Florida Second DCA rules that trial court erred in dismissing plaintiff’s complaint for failure to file motion to substitute parties within statutorily mandated 90-day period

      On May 8, 2019, in Sammons v. Greenfield , et al., No. 2D17-755, the Florida Second DCA withdraw it previous opinion and issued a new opinion in a medical negligence lawsuit, reversing the trial ...

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    • Florida First DCA grants defendant’s motion for writ of prohibition and disqualifies trial judge from presiding over Engle progeny tobacco case because of judge’s prior history as attorney in other Engle progeny cases

      On May 6, 2019, in R.J. Reynolds Tobacco Company v. Cuddihee , No. 1D19-0385, the Florida First DCA granted a defendant tobacco company’s motion for a writ of prohibition and disqualified the trial ...

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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

      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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    • Florida Fourth DCA rules that trial court erred in dismissing civil rights complaint of plaintiff who claimed he was falsely arrested on voided arrest warrant

      On April 24, 2019, in Florez v. Broward Sherriff’s Office , No. 4D18-1189, the Florida Fourth DCA reversed a trial court’s dismissal of the plaintiff’s civil rights lawsuit in which the plaintiff ...

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    • Eleventh Circuit Court of Appeals reverses summary judgment for defendant correctional officers in excessive force civil rights lawsuit filed by Florida inmate

      On April 24, 2019, in Sears v. Roberts, et al. , No. 15-15080, the Eleventh Circuit of Appeals reversed a district court’s summary judgment in favor of the defendant state correctional officers in a ...

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    • 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

      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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    • Florida Fourth DCA rules that contingency fee agreement was invalid where there was insufficient evidence that client ratified the agreement after recovering from coma

      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

      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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    • Florida Fourth DCA rules that 2011 law made 2006 legislative elimination of joint and several and several liability generally retroactive

      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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    • 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.

      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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    • 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

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

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

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    • Florida Fifth DCA rules that trial court erred in holding that plaintiff's agreement to answer Boecher interrogatories constituted an express waiver of all privileges

      On February 16, 2018, in Newman v. Hirst , No. 5D17-2482, the Florida Fifth DCA granted the plaintiff’s petition for certiorari and quashed a trial court’s ruling finding that the plaintiff had ...

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    • 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

      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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    • Florida Fourth DCA clarifies due process requirements for notification to Medicaid recipient of State Medicaid Fair Hearing on denial of Medicaid services

      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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    • Florida Fifth DCA rules that civil remedy notice against insurance company was not filed prematurely when contractually mandated damage appraisal process was still pending

      On January 26, 2018, in Landers v. State Farm , No. 5D15-4032, the Florida Fifth DCA reversed a trial summary judgment in favor an insurance company in a first party bad faith lawsuit involving a ...

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    • Florida Fourth DCA remands for new trial in homeowners' insurance coverage dispute, finding that trial court gave wrong jury instructions on coverage doctrine and burden of proof

      On January 17, 2018, in Jones v. Federated National Insurance Company, No. 4D16-2579, the Florida Fourth DCA reversed a final judgment in favor of the defendant insurance company in a first party ...

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    • Florida Second DCA reverses judgment awarding damages for intentional infliction of emotional distress, finding insufficient evidence of emotional distress

      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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    • 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

      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

      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

      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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    • 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

      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

      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

      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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    • 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

      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

      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

      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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    • 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

      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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    • Florida Third DCA rules that hospital does not have non-delegable duty to provide non-negligent ER services, certifies conflict with Fourth DCA

      On March 27, 2019, in Tabraue v. Doctors Hospital , No. 3D16-1661, the Florida Third DCA affirmed a trial court’s dismissal of a medical negligence complaint against the defendant hospital, rejecting ...

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    • Florida Fourth DCA rules that physician who prevailed in medical negligence lawsuit could not equitably be bound by premature judgment requiring her to indemnify settling codefendant

      On June 6, 2018, in Fitzpatrick v. Meredith , No. 4D17-3438, the Florida Fourth DCA affirmed a trial court’s order granting the defendant doctor’s motion for relief from a summary judgment on ...

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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

      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

      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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    • Florida Fifth DCA reverses trial court denial of motion for additur or new trial as to non-economic damages after jury returned inadequate award in motor vehicle negligence case

      On January 5, 2018, in Gustavsson v. Holder , No. 5D16-1442, the Florida Fifth DCA ruled that a trial court had abused its discretion by declining to grant a motion for additur or new trial on the ...

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    • 6 Tips to Prepare for Hurricane Season

      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

      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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    • 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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    • Florida Third DCA rules that release form signed by gym customer did not bar premises liability lawsuit for injuries suffered by customer in assault at gym

      On April 24, 2019, in Fresnedo v. Porky’s Gym, III , No. 3D17-1126, the Florida Third DCA reversed the trial court’s summary judgment in favor of the defendant gym owner in a premises liability case. ...

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    • Florida First DCA rules that real estate rental contract’s exculpatory “As-Is” clause constituted waiver of claim by lessee against landlord for failing to safely maintain property

      On April 16, 2019, in Casasanta v. Sailshare 296 LLC , No. 1D17-4862, the Florida First DCA withdrew a former opinion from December 27, 2018 and substituted a revised opinion in its place, affirming a ...

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    • Florida Fourth DCA reverses trial court’s summary judgment for defendant in premises liability case, concludes that material issues of fact existed regarding dangerousness of manhole cover

      On March 20, 2019, in Cruz v. Wal-Mart Stores East , No. 4D18-178, the Florida Fourth DCA reversed a trial court’s summary judgment for the defendant in a commercial premises liability case. The ...

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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

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

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

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    • 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

      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

      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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    • 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

      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

      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

      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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    • Florida Second DCA rules that Florida’s proposal for settlement statute, Section 768.79, was inapplicable to negligence case governed by federal maritime law

      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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    • Florida Fourth DCA rules that defendant’s proposal for settlement addressed to individual plaintiff in multi-plaintiff proceeding need not specify apportionment with other plaintiffs

      On April 10, 2019, in Weiner v. Maulden , No. 4d18-2170, the Florida Fourth DCA reversed a trial court’s denial of a post-trial motion for attorney fees made by the defendant in a motor vehicle ...

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    • Florida Fifth DCA rules that loss of consortium claim by spouse of personal injury plaintiff was “inextricably intertwined” with plaintiff’s personal injury claim such that defendant claiming attorney’s fees under § 768.79, Florida Statutes, was not requi

      On March 15, 2019, in Conti v. Auchter , Np. 5D18-696, the Florida Fifth DCA reversed a trial court ruling concerning the amount of attorney’s fees awardable under § 768.79, Florida Statutes, to a ...

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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

      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

      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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    • 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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    • 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

      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

      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

      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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    • Florida Third DCA affirms trial court's denial of prevailing defendant's motion for attorney's fees

      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

      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

      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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    • 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

      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

      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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    • Florida Fourth DCA rules that limitation on attorney's fees in Claims Bill was an unconstitutional impairment of contract

      On June 21, 2017, in Grossman Roth P.A. v. Mellon , No. 4D14-1766, the Florida Fourth DCA struck down a portion of a final judgment by a trial court setting attorney’s fees in a declaratory judgment ...

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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

      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

      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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    • Florida Fifth DCA remands for further fact finding where complaint was date stamped by court clerk after statute of limitation expired but allegedly was received by clerk on expiration date.

      On November 3, 2017, in Mansfield v. R.J. Reynolds Tobacco Company , No. 5D16-1826, the Florida Fifth DCA reversed the trial court’s summary judgment for the defendant on statute of limitations ...

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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

      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

      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

      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 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

      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.

      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

      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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    • 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

      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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    • 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

      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.

      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

      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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    • 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

      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

      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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    • 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

      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

      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

      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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