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    • 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

      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

      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 Second DCA finds that personal injury plaintiff’s ex-attorney was entitled to fees calculated on quantum meruit basis rather than contingency fee contract

      On June 16, 2021, in Scherer v. Austin Roe Basquill, P.A., et al., No. 2D20-1116, the Florida Second DCA reversed a trial court ruling which had ordered a personal injury plaintiff to pay his former attorney’s charging lien based on the fees...

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    • Eleventh Circuit Court of Appeals rules that defendant insurance company did not act in bad faith by including a waiver of subrogation provision in proposed release, finding that plaintiff could not rely on Florida Second DCA case which was decided after alleged bad faith occurred

      On June 1, 2021, in Eres v. Progressive American Insurance Company, No. 20-11006, the Eleventh Circuit Court of Appeals affirmed a district court ruling that the defendant insurance company had not acted in bad faith...

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    • Florida Fourth DCA rules that statute of limitations began to run on filing of bad faith lawsuit against insurer when damages were fixed by the entry of the judgment based on a Coblentz agreement between the plaintiff and the insured

      On February 17, 2021, in Butler v. Florida Peninsula Insurance Company, No. 4D20-678, the Florida Fourth DCA reversed a summary judgment entered by the trial court in favor of the defendant insurance company...

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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 Third DCA reverses motor vehicle negligence verdict and remands for new trial, holding that trial court erred in allowing defense to introduce evidence not disclosed until three business days before trial

      On June 2, 2021, in Montero v. Corzo, No. 3D20-406, the Florida Third DCA reversed a trial verdict in a motor vehicle negligence case and remanded for a new trial. The plaintiff had appealed the verdict in his favor on the basis...

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    • Florida Third DCA reverses summary judgment allowing judgment creditor to pierce corporate veil of judgment debtor

      On June 2, 2021, in Segal v. Forastero, Inc., No. 3d21-89, the Florida Third DCA addressed the issue of whether the judgment creditor in a supplemental proceeding in aid of execution was entitled to pierce the corporate veil...

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    • Florida First DCA rules that trial court did not abuse discretion in denying mistrial in motor vehicle negligence case despite defense counsel’s reference to the plaintiff’s insurance

      On June 16, 2021, in Winters v. Harper, No. 1D19-1650, the Florida First DCA ruled in a motor vehicle negligence case that the trial court’s denial of the plaintiff’s mistrial motion after two references to insurance coverage occurred...

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    • Florida Fifth DCA affirms trial c ourt’s denial of plaintiff’s motion for new trial in motor vehicle negligence case involving defense counsel’s submission of improper material under cover of a bulk exhibit

      On June 18, 2021, in Bowers v. Tillman, et al., No. 5D19-1757, the Florida Fifth DC affirmed a trial court’s ruling denying a plaintiff’s motion for a new trial. The plaintiff’s new trial motion was based on multiple alleged errors, including...

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    • Florida Third DCA reverses defense verdict in motor vehicle negligence case and remands for new trial because of trial court’s erroneous denial of plaintiff’s motion to strike prospective juror for cause

      On May 5, 2021, in Rivas v. Sandoval, No. 3D19-2402, the Florida Third DCA reversed a jury verdict for the defendant in motor vehicle negligence case and remanded the case for a new trial after concluding that the trial court erred in denying plaintiff counsel’s motion to strike a prospective juror for cause...

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    • Florida Fourth DCA reverses county court’s venue transfer because of movant’s failure to verify motion or provide supporting affidavit

      On May 12, 2021, in Miracle Chiropractic & Rehab Center v. 21st Century Centennial Insurance Company, No. 4D21-616, the Florida Fourth DCA reversed a county court’s order transferring a lawsuit from Broward County to Polk County. The Fourth DCA concluded that the trial court had erred...

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    • Florida Fourth DCA rules that trial court erred when it allowed the plaintiff to introduce evidence of the amount billed by medical providers instead of the discounted amount Medicare paid in full satisfaction of her expenses

      On May 19, 2021, in Gulfstream Park Racing Association, Inc. v. Volin, No. 4D19-3471, the Florida Fourth DCA reversed a personal injury judgment for the plaintiff in a premises liability negligence caseinvolving a slip and fall at Gulfstream Park in Hallandale Beach, Florida...

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    • Florida Fifth DCA quashes trial court denying personal injury defendant discovery of discounts agreed upon when the plaintiff’s medical provider sold the plaintiff’s unpaid accounts to a factoring company

      On May 21, 2021, in Osceola County Board of County Commissioners v. Sand Lake Surgery Center, et al., No. 5D2-1267, the Florida Fifth DCA quashed a trial court order in a personal injury case which had denied the defendant discovery from the plaintiff’s health care provider of the amount of the original medical bills...

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    • Florida Supreme Court approves amendments to procedural rules requiring documents served but not filed with the court to be subject to same electronic service requirements as filed documents

      On April 8, 2021, the Florida Supreme Court approved proposed amendments to the Florida Rule of Civil Procedure 1.080, Florida Small Claims Rule 7.221, Florida Rules of Appellate Procedure ...

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    • Florida Supreme Court approves amendment to medical malpractice presuit screening rule, Fla. R. Civil Procedure 1.650, to conform to Florida’s medical malpractice statute regarding presuit discovery methods

      On April 8, 2021, the Florida Supreme Court approved amendments to Florida Rule of Civil Procedure 1.650 (Medical Malpractice Presuit Screening Rule) to create consistency with the current version of section ...

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    • Florida Third DCA finds “bald repudiation” doctrine inapplicable to alleged discrepancies between IME doctor’s summary judgment affidavit and deposition testimony in PIP lawsuit

      On April 14, 2021, in United Automobile Insurance Company, etc., v. Gables Rehab, Inc., etc., No. 3D21-91, the Florida Third DCA reversed a trial court order which had granted summary judgment in favor of a health care provider ...

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    • Florida Fourth DCA affirms order granting plaintiff new trial in motor vehicle wrongful death case, finding that trial court improperly rejected plaintiff counsel’s race-neutral justification for exercise of peremptory strike of last African American in jury venire

      On April 14, 2021, in Lafayette, et al., v. Moody, et al., No. 4D18-3657, the Florida Fourth DCA affirmed a trial court granting a new trial to the plaintiff in a wrongful death/motor vehicle negligence lawsuit...

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    • Florida Supreme Court further amends Florida’s summary judgment rule, Fla. R. Civ. P. 1.510, to mirror more lenient federal summary judgment standard

      As previously reported in this blog, on December 31, 2020, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.510, governing summary judgments in civil cases, by adopting the more lenient standard applicable in federal court...

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    • Florida First DCA rules that motor vehicle negligence plaintiff waived argument that evidence at trial was insufficient to apportion comparative negligence by failing to make a timely motion for directed verdict at trial

      On April 30, 2021, in Strickland v. State Farm, No. 1D20-70, the Florida First DCA affirmed a trial court ruling denying the motion by the plaintiff for summary judgment on the issues of liability and comparative negligence ...

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    • Florida First DCA rules that appellate attorney fees are recoverable under Florida’s Proposal for Settlement Statute, Fla. Stat. § 768.79, adhering to Florida Supreme Court precedent

      On April 26, 2021, in Seadler v. Marina Bay Resort Condominium Association, No. 1D19-850, the Florida First DCA followed the Florida Supreme Court precedent in Frosti v. Creel, 979 So. 2d 912, 917 (Fla. 2008) ...

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    • Florida Third DCA rules that Florida’s “two-issue” rule precluded appellate review of trial court’s admission of expert testimony because jury’s general verdict could have been founded on theories of liability not addressed by expert testimony

      On April 28, 2021, in Royal Caribbean Cruises, Ltd., v. Spearman, No. 3D18-2188, the Florida Third DCA reversed a $20.3 million final judgment for the plaintiff in a personal injury cases filed by a cruise ship employee who suffered...

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    • Florida Third DCA affirms dismissal of premises liability slip and fall lawsuit on the grounds of forum non conveniens, finding Jamaica is proper venue for accident occurring there even though defendant is a Florida corporation

      On March 31, 2021, in Fasang-Brown, et al. v. Visit Us, Inc., etc. No. 3D20-388, the Florida Third DCA decided a case presenting an example of the unusual circumstance in which a lawsuit against a defendant domiciled in the plaintiff’s chosen forum...

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    • Florida Fourth DCA partially reverses judgment for plaintiff in defamation case, finds that trial court erred in accepting the plaintiff’s unliquidated damages claim without conducting an evidentiary hearing

      On March 31, 2021, in Stamper v. Sahai, No. 4D19-3469, the Florida Fourth DCA partially reversed a judgment for the plaintiff in a defamation lawsuit filed by a surgeon against a former patient. After the defendant failed to respond to discovery and other court directives...

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    • Florida Fourth DCA affirms county court’s summary judgment for the defendant insurer in PIP case, finding that plaintiff waited too long to amend complaint

      On March 31, 2021, in Bronstein v. Allstate Insurance Company, No. 4D21-4, the Florida Fourth DCA affirmed a summary judgment in favor of the defendant PIP insurer. The sole issue initially raised in the case was whether Allstate had properly elected ...

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    • Florida Third DCA affirms judgment for plaintiff in medical negligence case, finds no clear error in trial court’s denial of defense attempt to exercise peremptory strike of African American juror

      On March 24, 2021, in Hialeah Hospital, Inc. v. Hayes-Boursiquot, etc., No. 3D20-0050, the Florida Third DCA affirmed a jury verdict for the plaintiff in a medical negligence case, rejecting a defense argument that the trial court had committed reversible...

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    • Florida First DCA affirms summary judgment for defendant in defamation case, finding plaintiff’s submission of unsworn and otherwise unauthenticated letter from third party did not constitute “summary judgment evidence” and was properly rejected by the trial court

      On March 24, 2021, in Garback, et al. v. Gayle, No. 1D20-988, the Florida First DCA affirmed a summary judgment for the defendant in a defamation case because the plaintiff failed to submit competent summary judgment evidence...

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    • Florida Second DCA rules that trial court committed reversible error in denying plaintiff’s new trial motion by not expressly ruling on whether trial verdict was against the manifest weight of the evidence

      On March 17, 2021, in Lively v. Grandhige, et al., No. 2D19-1713, the Florida Second DCA reversed a trial court order denying a plaintiff’s motion for a new trial in a medical negligence case on the basis that the defense verdict was against the manifest weight of the evidence...

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    • Florida Fifth DCA rejects claim of judicial estoppel as grounds for denying defendant in motor vehicle negligence case discovery as to whether a prior settlement was reached with plaintiff

      On March 5, 2021, in Marrero v. Rea, No. 5D20-1612, the Florida Fifth DCA granted the certiorari petition of the defendant driver in a motor vehicle negligence case and quashed trial court orders which prohibited the parties from engaging ...

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    • Florida Supreme Court issues new Administrative Order No. AOSC20-23 governing Covid-19 measures in Florida Trial Court

      On March 9, 2021, the Florida Supreme Court issued Administrative Order No. AOSC20-23, “Comprehensive Covid-19 Emergency Measures for Florida Trial Courts,” the latest pronouncement by the Florida Supreme Court ...

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    • Seventh Judicial Circuit Chief Judge announces that in-person jury trial may resume in Flagler, Putnam, St. Johns, and Volusia counties effective March 15, 2021

      On March 9, 2021, Seventh Judicial Circuit Chief Judge Raul A. Zambrano announced that in-person jury trials in Flagler, Putnam, St. Johns, and Volusia counties may resume effective March 15, 2021...

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    • Florida Fourth DCA reverses trial court order which had granted defamation defendant’s remittitur motion and reduced plaintiff’s judgment from $550,000 to $100,000

      On March 10, 2021, in Fernalld v. ABB, Inc. et al, No. 4D19-3511, the Florida Fourth DCA reversed a trial court’s ruling that had granted a defendant’s motion for remittitur of the amount of the judgment against him in a defamation case...

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    • Florida Third DCA concludes that plaintiff attorney’s accusation in closing argument that defense counsel and expert witness were “liars’ and sexist comments about defense counsel constituted fundamental error requiring a new trial

      On February 10, 2021, in Florida Peninsula Insurance Company v. Nolasco, No. 3D19-1393, the Florida Third DCA reversed a trial court ruling denying the defendant insurance company a new trial...

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    • Florida Third DCA vacates trial court order which had set aside verdict for plaintiff in motor vehicle negligence case, finding that inconsistencies in plaintiff’s testimony did not rise to the level of fraud upon the court

      On February 17, 2021, in Salazar v. Gomes, No. 3D19-1448, the Florida Third DCA vacated an order from the trial court which had set aside a jury verdict for the plaintiff in a motor vehicle negligence case...

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    • Florida Second DCA rules that trial court’s discovery order requiring defendant in motor vehicle negligence case to turn over ten years of medical records was overbroad

      On January 8, 2021, in Tanner, et al. v. Hart, No. 2D20-1470, the Florida Second DCA granted the certiorari petition of a defendant in a motor vehicle negligence case...

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    • Florida First DCA finds no jurisdiction to hear certiorari petition by personal injury plaintiff seeking public disclosure of defendant corporation’s confidential materials

      On December 14, 2020, in Craig-Myers v. Otis Elevator Company, et. al, No. 1D20-1236, in a per curiam decision, the Florida First DCA dismissed a certiorari petition...

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    • Florida Fifth DCA rules that trial court erred in giving res ipsa loquitur instruction in premises liability case involving allegedly negligent operation of mechanical prison gate

      On December 31, 2020, in Orange County, Florida v. Whitehead, No. 5D1901894, the Florida Fifth DCA reversed a judgment for the plaintiff in a premises liability case...

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    • Eleventh Circuit Court of Appeals affirms dismissal of civil rights case against Deputy Fire Marshal accused of violating plaintiff nightclub owner’s Fourth Amendment rights by conducting warrantless fire inspection of nightclub

      On May 6, 2021, in Fuqua v. Tuner, et al. No. 19-13877, the Eleventh Circuit Court of Appeals affirmed a summary judgment for the defendant law enforcement officers and deputy fire marshal in a 42 U.S.C. § 1983 civil rights case in which the plaintiff...

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    • Eleventh Circuit panel rules that it is bound by Circuit precedent to extend Eleventh Amendment immunity from civil liability to county sheriff for alleged sexual assault by deputy at county jail

      On May 7, 2021, in Andrews v. Biggers, et al. No. 20-11469, the Eleventh Circuit Court of Appeals affirmed a U.S. district court ruling that the defendant county sheriff in as 42 U.S.C. § 1983 civil rights case involving alleged sexual abuse by a deputy sheriff...

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    • Eleventh Circuit Court of Appeals abandons long standing precedent which had barred the award of punitive damages in a prisoner’s civil rights action where no physical injury was shown

      On April 9, 2021, in Hoever v. Marks, et al., No. 17-10792, the Eleventh Circuit Court of Appeals abandoned long standing precedent within the Circuit which had barred the award of punitive damages in a prisoner’s civil rights action where no physical injury was shown...

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    • Eleventh Circuit Court of Appeals rules in civil rights case that officer’s “arguable probable cause” to believe that he could conduct a warrantless search of the plaintiff’s home under exigent circumstances exception to warrant requirement precluded summary judgment for plaintiff

      On April 6, 2021, in Hardigree v. Lofton et al., No. 190-13352, the Eleventh Circuit Court of Appeals reversed an unlawful entry summary judgment for the plaintiff in a civil rights case involving an allegedly unconstitutional warrantless search of the plaintiff’s home...

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    • Eleventh Circuit Court of Appeals affirms summary judgment for defendant police officer in civil rights case alleging that the officer violated the plaintiff’s constitutional rights by seizing his cell phone at accident scene

      On April 20, 2021, in Crocker v. Deputy Sheriff Steven Eric Beatty, No. 18-14682, the Eleventh Circuit Court of Appeals affirmed a U.S. district court order granting summary judgment to the defendant law enforcement officer ...

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    • Eleventh Circuit Court of Appeals affirms summary judgment for defendant police officer in civil rights case brought by widow of slain taxicab driver

      On March 5, 2021, in Prosper v. Martin, No. 19-12857, the Eleventh Circuit Court of Appeals affirmed a district court’s summary judgment for the defendant police officer on qualified immunity grounds...

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    • Eleventh Circuit Court of Appeals rules that Parkland students cannot pursue class action lawsuit against Broward County based on theory that incompetent response to shooting constituted a violation of their due process rights

      On December 11, 2020, in L.S., et al, v. Peterson, et al, No. 19-14412, the Eleventh Circuit Court of Appeals affirmed a district court’s dismissal of a class action lawsuit...

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    • Eleventh Circuit reverses summary judgment for defendant police officers in civil right excessive force case; rules that tasing a cooperative, nonthreatening misdemeanant in the back is not is an appropriate means of effecting an arrest

      On October 20, 2020, in Stryker v. City of Homewood et al., No. 19-10495, the Eleventh Circuit Court of Appeals reversed a district court order granting...

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    • Eleventh Circuit rules that plaintiff’s excessive force civil rights case was not barred by his criminal convictions for assault on a law enforcement officer and fleeing to elude during the same encounter with law enforcement

      On October 13, 2020, in Harrigan v. Rodriguez, No. 17-11264, the Eleventh Circuit Court of Appeals reversed a U.S. district court’s summary judgment...

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    • Eleventh Circuit finds defendant law enforcement officer’s interlocutory appeal of trial court’s denial of summary judgment motion in civil rights case on grounds of qualified immunity was premature because appeal considered only factual issue

      On September 17, 2020, in Hall v. Flournoy, No. 18-13436, the Eleventh Circuit Court of Appeals determined that an interlocutory appeal...

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    • Eleventh Circuit Court of Appeals vacates district court dismissal of Georgia inmate’s civil rights complaint for failure to exhaust administrative remedies, remands for development of fuller record regarding inmate’s claim that he was misled by prison officials

      On September 10, 2020, in Geter v. Akunwanne, et al., No. 18,14824, the Eleventh Circuit Court of Appeals vacated the judgment of the district court which...

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    • Eleventh Circuit Court of Appeals reverses district court’s summary judgment for defendant police officer in excessive force case involving Alabama man killed by officer during arrest for refusal to produce driver’s license

      On September 3, 2020, in Cantu v. City of Dothan, Alabama, et al., No. 18-15071, the Eleventh Circuit Court of Appeals reversed a U.S. district court...

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    • Eleventh Circuit Court of Appeals rules that Florida inmates suffering from Hepatitis C are not constitutionally entitled to "state of the art" medical treatment

      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

      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

      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

      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

      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

      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

      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

      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

      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

      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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    • Eleventh Circuit rules that “ascertainability” of proposed class in class action lawsuit is not dependent on administrative feasibility of identifying class members

      On February 2, 2021, in Cherry, et al, v. Dometic Corporation, No. 19-13242, the Eleventh Circuit Court of Appeals reversed a U.S. district court’s dismissal of a class action lawsuit filed by the putative class representatives...

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    • Eleventh Circuit concludes that plaintiff in proposed class action lawsuit on behalf of restaurant customers affected by customer information data breach did not have standing because no concrete injury has yet occurred

      On February 4, 2021, in Tsao v. Captiva MVP Restaurant Partners, LLC, No. 18-14959, the Eleventh Circuit Court of Appeals affirmed a district court order dismissing a proposed class action lawsuit brought by a customer ...

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    • Eleventh Circuit Court of Appeals rules that class action attorney did not owe any heightened duty of loyalty and confidentiality to class representative distinct from duty owed to rest of class

      On December 1, 2020, in Medical & Chiropractic Clinic, Inc. v. Oppenheim, et al., No. 18-13714, the Eleventh Circuit Court of Appeals ruled that legal counsel...

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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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    • 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

      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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    • 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 affirms dismissal of a defamation case against South Florida television station, finding that “substantial truth” doctrine shielded defendant from potential liability

      On April 14, 2021, in Readon v. WPLG, LLC, et al., No. 3D20-340, the Florida Third DCA affirmed the dismissal of a defamation lawsuit filed by a Miami area pastor against a local television station, WPLG...

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    • Florida Third DCA rules that former mayor of the City of South Miami was entitled to immunity from defamation lawsuit brought by the city’s former chief of police

      On November 4, 2020, in Martinez de Castro, et al, v. Stoddard, et al., No. 3D19-2096, the Florida Third DCA affirmed a trial court ruling that the former mayor...

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    • Florida Third DCA affirms dismissal of libel/defamation complaint, finds that allegedly defamatory statements in documentary program were either not capable of being proved true or false on a core of objective evidence, consisted of so-called rhetorical hyperbole, or were protected commentary or opinion

      On October 21, 2020, in Skupin v. Hemisphere Media Group, Inc. et al., No. 3D19-1555, the Florida Third DCA affirmed a trial court ruling dismissing a plaintiff’s lawsuit...

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    • Eleventh Circuit rules that son of former Prime Minister of Albania was a “limited public figure” who could only prevail in defamation action against book publisher and author by demonstrating that the defendants acted with actual malice against him

      On September 2, 2020, in Berisha v. Lawson, et al., No. 19-10315, the Eleventh Circuit Court of Appeals affirmed the summary judgment entered in favor...

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    • 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

      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

      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.

      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 First DCA affirms Daubert exclusion of expert causation testimony based on expert’s lack of experience with specific medical condition under review

      On June 3, 2021, in Huggins v. Siegel, No. 1D19-3987, the Florida First DCA ruled that a Daubert motion challenging proposed expert witness testimony was timely even though it was not filed until approximately 230 days...

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    • Florida Third DCA quashes trial court order requiring party’s retained expert to disclose records of money received during the preceding three years from plaintiff’s law firm

      On June 23, 2021, in Hidalgo v. Citizens Property Insurance Corporation, No. 3D20-1811, a case involving an alleged insurance policy breach, the Florida Third DCA ruled that the plaintiff’s engineering expert witness was not required...

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    • Florida Second DCA reverses trial’s court’s directed verdict for defendant in premises liability case involving sickened restaurant customer, ruling that plaintiff’s medical expert did not engage in impermissible inference stacking

      On May 5, 2021, in Martinez v. Lobster Haven, LLC, No. 2D19-2399, the Florida Second DCA reversed a trial court’s order granting the defendant restaurant operator a directed verdict in a personal injury lawsuit filed a restaurant patron who became ill after a seafood dinner...

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    • Eleventh Circuit Court of Appeals rules in medical device product liability case that plaintiff expert’s lack of experience performing robotic as opposed to conventional laparoscopic hysterectomies did not disqualify him from testifying about whether a robotic tool caused the plaintiff’s injuries

      On April 22, 2021, in Moore v. Intuitive Surgical, Inc., No. 19-10869, the Eleventh Circuit Court of Appeals reversed a summary judgment that had been entered by the district court for the defendant medical device manufacturer ...

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    • Florida Third DCA reverses defense verdict in wrongful death case, finds that even assuming police detective’s testimony constituted expert testimony, trial court committed reversible error in allowing him to testify as to hearsay statement from another officer

      On January 27, 2021, in Dayes, etc., v. Werner Enterprises, Inc. et al., No. 3D19-1920, the Florida Third DCA reversed a defense judgment in a wrongful death case due to the trial court’s erroneous...

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    • Florida Fifth DCA denies certiorari petition of personal injury defendant ordered to disclose amount paid by attorney’s law firm to case experts over the preceding three years

      On November 6, 2020, in Routhier, et al. Barnes, et al., No. 5D20-1862, the Florida Fifth DCA denied the certiorari petition of the defendants in a medical negligence case...

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    • Eleventh Circuit rules in negligent design product liability case that that issues regarding testing of plaintiff expert’s alternative saw design went to weight of testimony rather than admissibility

      On October 21, 2020, in Crawford v. ITW Food Equipment Group, LLC, No. 19-10964, the Eleventh Circuit Court of Appeals affirmed a $ 4 million jury verdict...

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    • 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

      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

      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

      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

      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

      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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    • 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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    • Eleventh Circuit of Appeals rejects federal prison inmate’s argument that “discretionary function” exception to Federal Tort Claim Act’s waiver of sovereign immunity should apply if state-law negligence claim also involves unconstitutional conduct

      On June 9, 2021, in Shivers v. United States of America, et al., No. 17-12493, the Eleventh Circuit Court of Appeals ruled that a federal prison inmate’s state-law negligence claim against prison officials under the Federal Tort Claims Act...

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    • Eleventh Circuit Court of Appeals rules that the alleged fondling of a federal inmate’s genitals by a prison guard did not constitute a “sexual act” cognizable under the Federal Tort Claims Act

      On February 26, 2021, in Johnson v. White, et al., No. 19-14436, the Eleventh Circuit Court of Appeals ruled that a federal inmate did not have a cognizable claim against the government under the Federal Tort Claims Act (FTCA) ...

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    • 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

      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

      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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    • Florida Fourth DCA rules that rusting water pipe was an “act of nature” subject to exclusion from coverage under homeowner’s insurance policy

      On June 2, 2021, in Dodge v. People’s Trust Insurance Company, No. 4D20-1199, the Florida Fourth DCA ruled that a water damage exclusion in a homeowner’s insurance policy excluding coverage for water damage...

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    • Florida Third DCA rules that insured retained standing to sue insurance company for breach of homeowner’s insurance policy notwithstanding her prior transfer of property to LLC in which she had a 25% ownership interest

      On June 23, 2021, in Cole v. Citizens Property Insurance Corporation, etc., No. 3D19-1830, the Florida Third DCA reversed the trial court’s dismissal of the plaintiff’s complaint in a first-party insurance dispute involving...

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    • Florida Fifth DCA rules that defendant insurance company did not waive coverage defense by initiating appraisal process in first-party homeowner’s insurance dispute

      On June 25, 2021, in Safepoint Insurance Company v. Hallet, No. 5D20-206, the Florida Fifth DCA reversed a summary judgment entered by the trial court in favor of the plaintiffs in a declaratory judgment action brought...

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    • Eleventh Circuit Court of Appeals rules that Florida law, not maritime law, applies to determine the effect of plaintiff’s alleged breach of warranties in first-party maritime insurance case

      On May 6, 2021, in Travelers Property Casualty Insurance Company of America v. Ocean Reef Charters LLC, No. 19-13690, the Eleventh Circuit Court of Appeals reversed a U.S. district court summary judgment for the defendant insurance company in an action bought by its insured for the loss of a yacht...

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    • Florida First DCA reverses trial court’s venue transfer, rules that car insurance policy provision requiring policy coverage disputes to be litigated “where the policy was issued”is ambiguous and must be construed against the insurer

      On May 4, 2021, in Robles v. United Automobile Insurance Company, No. 1D20-1335, the Florida First DCA reversed a trial court order transferring a motor vehicle first-party insurance declaratory judgment action from Escambia County...

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    • Florida Third DCA rules that commercial liability insurer’s policy language precluded coverage for damages arising from assault and battery that occurred on the insured’s premises

      On April 7, 2021, in Sierra Auto Center, Inc., et al, v. Granada Insurance Company, et al, No. 3D19-2388, the Florida Third DCA affirmed a trial court ruling in a declaratory judgment action that the defendant insurance company had no duty...

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    • Florida Fourth DCA rules that wrongful death claim arising from mid-air collision of two planes insured under one policy was subject to a single $1 million insurance coverage limit

      On March 24, 2021, in Endurance Assurance Corp. v. Hodges, et al, No. 4D20-751, a wrongful death case involving a mid-air collision between two flight school airplanes, the Florida Fourth DCA ruled that the accident constituted one occurrence ...

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    • Florida Fourth DCA rules that watercraft exclusion in homeowner’s policy precluded coverage for policy owner’s son while operating policy owner’s boat notwithstanding “severability” clause in policy

      On March 31, 2021, in Aiello v. ASI Preferred Corp. et al, No. 4D20-1078, the Florida Fourth DCA affirmed a summary judgment entered for the defendant homeowner insurance provider against its insured in a declaratory judgment action...

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    • Florida Fourth DCA rules that Florida law did not require that insurance company notify first named insured when another insured under same motor vehicle policy cancelled policy

      On February 10, 2021, in Spielberg v. Progressive Select Insurance Company, No. 4D19-3081, the Florida Fourth DCA affirmed a summary judgment for the defendant insurance company in a declaratory judgment case...

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    • Florida Supreme Court rules in first-party breach of insurance contract case that plaintiff could not recover lost rental income that allegedly resulted from insurer’s refusal to timely pay hurricane damage repairs

      On January 21, 2021, in Citizens Property Insurance Corporation v. Manor House, LLC, et al., No. SC19-1394, the Florida Supreme Court ruled that extra-contractual consequential damages...

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    • Florida Fifth DCA rules in favor of defendant life insurance company in coverage dispute involving interpretation of policy provisions

      On December 31, 2020, in Principal Life Insurance Company v. Halstead, et al., No. 5D18-3342, the Florida Fifth DCA reversed a trial court’s summary judgment in favor of the plaintiff...

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    • Florida Fourth DCA rules that whether plaintiff had given "prompt" notice of claim to defendant property insurer as required under insurance contract was jury question not subject to resolution by summary judgment

      On December 9, 2020, in Restoration Construction, LLC, v. Safepoint Insurance Company, No. 4D19-3790, the Florida Fourth DCA reversed a trial court’s summary judgment for the defendant...

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    • Florida Fourth DCA finds that defendant insurer in bad faith case waived objection to technical defect in civil remedy notice by not raising defect in response to notice

      On October 21, 2020, in Bay v. United Services Automobile Association, No. 4D19-3332, the Florida Fourth DCA reversed a trial court order dismissing a plaintiff’s bad faith complaint...

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    • Florida Third DCA rules that plaintiff in breach of contract case against property insurer is not entitled to obtain defendant’s privileged claims file in discovery until there is a determination of policy coverage

      On October 7, 2020, in Safepoint Insurance Company v. Gonzalez, et al., No. 3D20-1050, the Florida Third DCA quashed a trial court ruling that had required the defendant insurer...

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    • Florida Fourth DCA affirms dismissal of bad faith lawsuit by insured against property insurer after concluding that plaintiff’s civil remedy notice lacked sufficient specificity

      On September 23, 2020, in Julien v. United Property & Casualty Insurance Company, No. 4D19-2763, the Florida Fourth DCA affirmed a trial court’s...

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    • 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

      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

      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

      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 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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    • Eleventh Circuit rules that plaintiff waived objection to defendant’s tardy removal of medical negligence case to federal court by not raising the procedural issue within the statutory 30-day time limit

      On May 6, 2021, in Shipley v. Helping Hands Therapy, et al., No. 19-13812, the Eleventh Circuit Court of Appeals reversed a district court order which had remanded a medical negligence case back to state court...

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    • Florida Second DCA rules that defendant waived objection to personal jurisdiction by not timely raising the issue earlier by motion or responsive pleading

      On May 12, 2021, in Century-National Insurance Company v. Frantz, No. 2D20-522, the Florida Second DCA reversed a trial court’s ruling in an insurance declaratory judgment action which denied the plaintiff insurance company’s motion for a final default judgment...

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    • Florida Third DCA reverses trial court ruling denying defense motion to dismiss medical negligence case for lack of personal jurisdiction, remands for trial court to follow proper procedure in resolving conflicting claims re application of Florida’ long arm statute

      On April 14, 2021, in Team Health Holdings Inc. v. Caceres, et al., No. 3D20-0942, the Florida Third DCA reversed a trial court’s ruling which had denied a medical negligence defendant’s motion to the dismiss the complaint ...

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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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    • Florida Second DCA rules that payment made by UM insurer to settle a first-party bad faith claim was not subject to set-off from $30 million jury verdict against defendant in motor vehicle negligence case

      On June 11, 2021, in Ellison v. Willoughby, No. 2D19-1961, the Florida Second DCA affirmed a trial court ruling that the defendant in a motor vehicle negligence case was not entitled to a $3.99 million setoff from the $30 million jury verdict...

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    • Florida First DCA rules that personal injury plaintiff waived his right to contest amount of Medicaid lien by failing to file DOAH petition by statutory deadline of 21 days from deposit of lien amount in an interest-bearing trust account for the benefit of AHCA

      On May 17, 2021, in Mathers v. Agency for Health Care Administration, No. 1D19-4407, the Florida First DCA affirmed a decision by an Administrative Law Judge (ALJ) dismissing as untimely the petition by a personal injury plaintiff challenging the amount of the Medicaid lien on his settlement...

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    • Florida First DCA rules that since Medicaid recipient died before settlement of personal injury case,amount of Medicaid lien cannot be challenged based on dispute about what part of an undifferentiated settlement is allocable to past medical expenses

      On March 26, 2021, in Cabrera v. State of Florida, Agency for Health Care Administration, No. 1D18-755, the Florida First DCAaffirmed an Administrative Law Judge ‘s dismissal of a plaintiff’s petition challenging a Medicaid lien...

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    • Florida Fourth DCA rules that trial court in personal injury action properly limited the plaintiff’s evidence of her past Medicare-covered medical expenses to the amount of bills actually paid by Medicare

      On December 11, 2020, in Dial v. Calusa Palms Master Association, Inc., No. 2D18-4339, the Florida Second DCA ruled that the trial court in a personal injury action...

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    • Florida First DCA rules that Medicare lien on personal injury recovery was subject to pro rata reduction

      On November 18, 2020, in Soto v. Agency for Health Care Administration, No. 1D17-5387, the Florida First DCA reversed a determination by an administrative law judge...

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    • Florida Second DCA rules that hospital was entitled to claim sovereign immunity in class action claiming it illegally asserted an unconstitutional lien; there was no "illegal extraction" because lien was claimed before county lien statute was found unconstitutional

      On September 25, 2020, in Lee Memorial Health System v. Hilderbrand, et al., No. 2D19-4722, a class action case in which the plaintiffs alleged...

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    • Eleventh Circuit Court of Appeals rules that independent physician associations which have made conditional payments for a Medicare Advantage Organization can bring suit for double damages against the primary payer

      On September 4, 2020, in MSP Recovery Claims, Series, LLC, et al. v. ACE American Insurance Company, et al, Nos. 18-12139, 18-12149, 18-13049, 18-13312. The Eleventh Circuit...

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    • 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

      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

      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

      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

      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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    • Eleventh Circuit Court of Appeals rules that district court properly exercised admiralty jurisdiction over medical negligence complaint involving care rendered on cruise ship because providing care and comfort to passengers is a traditional maritime activity

      On March 29, 2021, in Buland v. NCL (Bahamas) Ltd., No. 19-13012, the Eleventh Circuit Court of Appeals made several notable rulings and in an admiralty case involving a cruise ship passenger who allegedly was injured due to medical negligence ...

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    • Florida Third DCA rules that trial court erred in not addressing defendant’s argument that medical negligence plaintiff failed to follow pre-suit requirements by not submitting expert medical affidavit

      On March 17, 2021, in Dial 4 Care, Inc., v. Brinson, et al., No. 3d20-1644, the Florida Third DCA granted a medical negligence defendant’s certiorari petition and quashed a trial court order dismissing the defendant’s motion to dismiss the complaint...

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    • Florida Fifth DCA reverses summary judgment for defendant hospital in medical negligence case, finding jury issue regarding whether an independent contractor on-call surgeon was an apparent agent of the hospital

      On February 5, 2021, in Luebbert v. Adventist Health System/Sunbelt, Inc., et al, No. 5D19-2824, the Florida Fifth DCA reversed a trial court’s summary judgment in favor of the defendant hospital in a medical negligence case...

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    • Eleventh Circuit rules that Emergency Medical Treatment and Active Labor Act is not a federal malpractice statute creating tort or malpractice remedies

      On January 22, 2021, in Smith v. Crisp Regional Hospital, Inc. et al, No. 19-12225, the Eleventh Circuit Court of Appeals affirmed a district court ruling that the Emergency Medical Treatment...

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    • 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

      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

      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

      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

      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

      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

      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

      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

      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

      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

      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 reverses directed verdict for defendant in motor vehicle negligence rear end collision case, finding jury could have reasonably inferred negligence despite evidence that defendant was unconscious at the time of the collision

      On May 5, 2021, in Hernandez v. Mishali, No. 3d19-1544, the Florida Third DCA reversed a directed verdict entered by a Circuit Judge for the defendant in a motor vehicle rear end collision negligence case. The Circuit Judge, who had not presided over the preceding trial which had returned a verdict for the plaintiff...

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    • Florida Fourth DCA rules that at-fault driver’s Geico motor vehicle liability insurance policy did not cover accident involving vehicle owned by third party and made available for regular use by driver

      On May 12, 2021, in Geico Indemnity Company v. Walker, et al., No. 4D20-764, the Florida Fourth DCA reversed a trial court ruling in a motor vehicle negligence wrongful death case that Geico, the at-fault driver’s insurer, was liable for payment of its policy limits to the estate of a passenger who died in the single car accident...

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    • Florida Fourth DCA rules in UIM motor vehicle negligence case in which plaintiff’s vehicle was allegedly struck in succession by two vehicles that trial court did not err in instructing jury that multiple impacts can constitute one “accident” under UIM policy if there is one proximate, uninterrupted and continuing cause of injury

      On March 10, 2021, in Belt v. USAA Casualty Insurance Company, No. 4D20-339, the Florida Fourth DCA affirmed a final judgment for the defendant in anuninsured motor vehicle negligence case, rejecting a claim by the plaintiff ...

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    • Florida Second DCA rules that insurance company which did not provide liability coverage to its insured but provided courtesy representation at trial could not be joined as a codefendant in the final judgment

      On March 26, 2021, in Security National Insurance Co. v. Gonzalez, No. 2D18-3427, the Florida Second DCA considered a motor vehicle negligence case involving the application of § 727.4136, Florida States, Florida’s nonjoinder statute...

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    • Florida Fifth DCA rules that trial court erred in allowing evidence of defendant’s intoxication in the compensatory damages phase of bifurcated motor vehicle negligence drunk driving case

      On February 12, 2021, in McKinney, et al.v. Graham, No. 5D18-3265, the Florida Fifth DCA reversed a $2.6 million verdict in favor of the plaintiff in a motor vehicle negligence drunk driving case and remanded for a new trial...

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    • Florida First DCA affirms defense verdict in motor vehicle negligence case, finds that trial court properly admitted evidence of pedestrian plaintiff’s intoxication

      On December 16, 2020, in Balogh v. ABC Liquors, et al., No. 1D19-2121, the Florida First DCA affirmed a jury verdict and judgment in favor of the defendant in a motor vehicle negligence case...

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    • Florida First DCA rules that trial court erred in not allowing the jury to decide issue of proximate causation in motor vehicle negligence case

      On September 21, 2020, in Vitro America, Inc. v. Ngo, No. 1D19-3737, the Florida First DCA reversed an 8.2 million judgment for the plaintiff ...

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    • 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

      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

      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

      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 enacts major increases to compensation payable by Birth-Related Neurological Injury Compensation Association (“NICA”)

      On June 21, 2021, Governor DeSantis signed Senate Bill 1786 into law, which makes major increases to the compensation and benefits payable to the families of Florida children who have suffered birth-related neurological injuries...

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    • 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

      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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    • Florida Fourth DCA affirms order compelling arbitration in nursing home negligence case despite lack of explicit reference in arbitration agreement to tort claims

      On October 21, 2020, in Cooper v. Rehabilitation Center at Hollywood Hills LLC, et al., No. 4D20-163, the Florida Fourth DCA affirmed a trial court order compelling arbitration...

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    • Florida Second DCA rules that trial court failed to create adequate record to permit plaintiff’s amendment of nursing home negligence complaint to include punitive damages claim

      On October 14, 2020, in East Bay NC, LLC, et al, v. Reddish, No. 2D19-4351, the Florida Second DCA quashed a trial court order granting the plaintiff in a nursing home negligence case...

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    • Florida Second DCA quashes trial order granting plaintiff leave to amend complaint to add punitive damages count in nursing home negligence case

      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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    • Florida Fifth DCA joins Eleventh Circuit, Third and Fourth DCAs in holding that PIP benefits are limited to $2,500 in the absence of an affirmative determination by a qualifying health care provider that the patient had an emergency medical condition

      On June 4, 2021, in Depositors Insurance Company v. Pasco-Pinellas Hillsborough Community Health System, No. 5D21-71, the Florida Fifth DCA ruled that the benefits payable under a personal injury protection (“PIP”)...

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    • Florida Third DCA rules that PIP insurer was equitably estopped from claiming that medical provider’s late submission of charges precluded payment; Court finds that insurer’s notice to insured that it was denying coverage was the cause of the late submission

      On June 16, 2021, in United Automobile Insurance Company v. Chiropractic Clinics of South Florida, No. 3D21-111, the Florida Third DCA affirmed a final judgment in favor of a medical provider in a case involving a dispute between...

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    • Florida Fourth DCA rules that medical provider had improperly “unbundled” billing codes to increase the amount billed to the insurance company

      On June 23, 2021, in Associates inFamily Practice of Broward, LLC v. Allstate Fire and Casualty Insurance Company, No. 4D21-173,a Personal Injury Protection (“PIP”) case, the Florida Fourth DCA affirmed a county court order in favor...

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    • Florida Fourth DCA rules in PIP case that State Farm was entitled to discount payments to MRI provider for three MRIs performed on same day based on Medicare’s Multiple Procedure Payment Reduction

      On May 26, 2021, in State Farm v. Stand Up MRI of Boca Raton, P.A., No. 4D21-310, the Florida Fourth DCA reversed a county court’s summary judgment for the plaintiff medical provider in a Personal Injury Protection (PIP) insurance case...

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    • Florida Fourth DCA rules that medical provider’s PIP lawsuit was premature because provider had failed to respond to insurer’s numerous Fla. Stat. § 627.736(6)(b) requests for “emergency medical condition” documentation

      On June 30, 2021, in Garrison Property & Casualty Insurance Company v. Aventura Orthopedicare Center, P.A., No. 4D21-379, the Florida Fourth DCA reversed a judgment for the medical provider in a case in which the medical provider...

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    • Florida Fourth DCA rules that PIP insurer was not entitled to reduce payments to health care provider by 2% based on Medicare schedule intended to apply only to Medicare payments

      On May 19, 2021, in Sunrise Chiropractic and Rehabilitation Center, Inc. v. Security National Insurance Company, No. 4D21-188, the Florida Fourth DCA ruled that the defendant insurer in a county court case filed by a medical provider for the recovery of Personal Injury Protection (PIP) benefits...

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    • Florida Third DCA affirms summary judgment for defendant insurance company in PIP lawsuit, finding that the plaintiff’s pre-suit demand letter was statutorily deficient

      On February 24, 2021, in Rivera v. State Farm Mutual Automobile Insurance Company, No. 3D21-27, the Florida Third DCA affirmed a county court’s final judgment for the defendant insurance company in a PIP case...

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    • Florida Fourth DCA rules that PIP policy issued by defendant insurer plainly limited medical provider reimbursement to 80% of statutory fee schedule

      On September 23, 2020, in Plantation Open MEI, LLC., et al. v. Infinity Indemnity Insurance Company, et al., the Florida Fourth DCA affirmed a summary...

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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

      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

      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

      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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    • Florida Fourth DCA rules that in the absence of a physical injury, case alleging plaintiffs’ mental anguish caused by police officers’ negligent handling of a dead body was barred because the defendant police department was immune from liability forwillful or wanton conduct of its employees

      On April 7, 2021, in Sharkey, et al. v. Hallandale Beach Police Department, et al, No. 4D20-1602, the Florida Fourth DCA affirmed a trial court’s dismissal of an action for mental anguish based on allegedly negligent handling...

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    • 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

      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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    • Florida Second DCA rules that plaintiff’s acceptance of late periodic payments under settlement agreement with defendant did not constitute implicit revision of the agreement

      On May 26, 2021, in Mortellaro v. Caribe Health Center, Inc. et al., No. 2D19-4473, the Florida Second DCA ruled that the defendant in a premises liability lawsuit had materially breached the time limitations for the installment...

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    • Florida First DCA affirms directed verdict for defendant hospital in slip and fall case, finding that plaintiff did not present sufficient evidence that a foreign substance was on the hallway floor where she fell

      On June 1, 2021, in Tallahassee Medical Center, v. Kemp, No. 1D19-2437, the Florida First DCA reversed the trial court’s denial of a defendant’s directed verdict motion in a slip and fall case, concluding that the plaintiff did not present ...

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    • Eleventh Circuit rules that Florida’s recreational use statute, Fla. Stat. § 375.251, applies to all visitors of qualifying recreation areas regardless of the visitor’s status, including business visitors

      On April 27, 2021, in Fisher v. United States, No. 19-13626, the Eleventh Circuit Court of Appeals affirmed a U.S. district court’s order dismissing a premises liability action involving a slip and fall accident at a public beach ...

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    • Florida Second DCA reverses summary judgment for defendant general contractor in premises liability case, finding that defendant failed to conclusively establish that it should not have anticipated the harm to the plaintiff notwithstanding the plaintiff’s knowledge of the danger

      On January 15, 2021, in Pratus v. Marzucco’s Construction & Coatings, Inc., No. 2D19-2807, the Florida Second DCA reversed a summary judgment for the defendant in a premises liability case...

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    • Florida First DCA reverses summary judgment for defendant school in premises liability case involving seven-year old student injured while running in indoor gym

      On January 11, 2021, in Collias v. Gateway Academy of Walton County, Inc., No. 1D19-262, the Florida First DCA reversed a summary judgment order that had been entered for the defendant...

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    • Florida First DCA reverses summary judgment for defendant in premises liability case involving plaintiff allegedly injured by border fence

      On January 14, 2021, in Jubran v. South Lake Distribution Center, LLC, No. 1D20-238, the Florida First DCA issued a per curiam reversal of a summary judgment order that had been entered...

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    • Florida Fourth DCA rules that release signed by student athlete releasing school board from liability for future sports injuries was enforceable even though athlete was a minor

      On January 6, 2021, in Elalouf v. School Board of Broward County, No. 4D19-3272, the Florida Fourth DCA ruled that a high school athlete was barred from suing the school board of Broward County...

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    • Florida Third DCA rules that security company had no duty to protect hospital visitors because its contractual obligation was limited to the protection of hospital employees

      On January 6, 2021, in Glickman v. Kindred Hospitals East, LLC, et al., No. 3D19-1597, the Florida Third DCA affirmed a summary judgment entered by the trial court for the defendant security company...

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    • Florida First DCA rejects defendant’s claim for reimbursement of all fees and costs from personal injury plaintiff’s wife who lost her loss of consortium claim at trial, concluding that the fees and costs in defense of the husband’s and wife’s claims were not inextricably intertwined

      On December 30, 2020, in Signal Hills Golf Course, Inc. v. Womack, No. 1D19-1348, the Florida First DCA affirmed a trial court’s ruling which had denied the defendant's request...

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    • Florida Third DCA reverses and remands for new trial after jury awards slip and fall plaintiff damages for past medical expenses but not for past noneconomic damages

      On December 16, 2020, in Cabrera v. Wal-Mart Stores East, LP, No. 3d19-2301, the Florida Third DCA reversed a trial court judgment in a premises liability slip and fall case...

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    • Florida Fourth DCA rules that high voltage power lines were open and obvious danger not triggering homeowner duty to warn tree trimmer

      On November 25, 2020, in Salinas v. Weden, et al., No. 4D19-3634, the Florida Fourth DCA affirmed a summary judgment for the defendant homeowners in a premises liability lawsuit...

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    • Florida First DCA affirms trial court ruling in premises liability case that discovery of substance on the floor of the supermarket was insufficient to create a jury issue

      On November 20, 2020, in Rodgers v. Publix Super Markets, Inc., No, 1D20-579, the Florida First DCA in a PCA decision affirmed a trial court ruling in a premises liability case...

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    • Florida Fourth DCA rules in premises liability/negligent security wrongful death case that decedent’s alleged commission of felony was too remote in time from his killing to entitle defendant to immunity under Fla. Stat. § 768.075(4)

      On November 4, 2020, in Pride of St. Lucie Lodge 1189, Inc. v. Reed, No. 4D19-3009, the Florida Fourth DCA affirmed a final judgment in favor of the plaintiff...

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    • Florida Second DCA finds that defendant in premises liability trip and fall case was not entitled to summary judgment based on allegedly open and obvious nature of parking lot depression

      On September 4, 2020, in Greene v. Twistee Treat USA LLC et al., No. 2D14-4064, the Florida Second DCA reversed a summary judgment...

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    • 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

      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

      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

      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

      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

      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

      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

      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

      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

      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

      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

      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

      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

      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

      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

      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

      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

      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

      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

      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

      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

      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

      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

      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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    • Eleventh Circuit grants FDA request to enjoin South Florida company from marketing stem cell treatment

      On June 2, 2021, in USA v. US Stem Cell Clinic, LLC, et al, No. 19-13276, the Eleventh Circuit Court of Appeals affirmed a SDFL district court summary judgment for the FDA enjoining the defendant company from offering a procedure...

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    • Florida Second DCA rules that defendant insurance company in first-party bad faith action was not entitled to work product protection from production of case file, distinguishing discovery in bad faith action from discovery in underlying denial of benefits lawsuit

      On June 30, 2021, in American Home Assurance Company Inc. v. Sebo, No. 2D20-2202, the Florida Second DCA denied the certiorari petition of an insurance company defendant in a first-party bad faith action. The plaintiff had sued...

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    • Florida Fourth DCA rules that hospital credentialing committee documents were immune from discovery under Fla. Stat. § 395.0193(8) regardless of their previous disclosure by hospital to third party outside credentialing committee

      On June 2, 2021, in South Broward Hospital District v. Feldbaum No. 4D20-1972, the Florida Fourth DCA quashed a trial court order which had required a hospital to produce allegedly privileged documents to a vascular surgeon...

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    • Florida Third DCA quashes non-party subpoena, finds that defendant Geico has standing to object on privilege grounds to disclosure by third-party company of data identified by contract as Geico’s proprietary confidential data not subject to disclosure to third persons

      On March 3, 2021, in Geico Casualty Company, et al, v. MSP Recovery Claims, et al., No. 3D20-1506, the Florida Third DCA granted a petition by Geico Casualty Company to quash a non-party subpoena ...

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    • Florida Second DCA rules that trial court erred in allowing psychotherapist to invoke the psychotherapist-patient privilege in a child custody hearing as to matters previously disclosed concerning the child’s treatment in a prior deposition and hearing

      On March 26, 2021, in S.H.Y v. P.G., No. 2D19-4646, the Florida Second DCAreversed a trial court ruling following a child custody hearing, finding that the trial court erred in allowing a psychotherapist to belatedly raise ...

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    • Florida Third DCA quashes trial court order which had found that work product privilege as to defendant’s incident report was waived by defendant’s corporate representative’s use of report to refresh recollection in deposition, remands with direction to trial court to conduct in camera review of video deposition

      On March 24, 2021, in Onward Living Recovery Community, LLC et al, v. Mormeneo, etc., the Florida Third DCA granted a certiorari petition by the defendant in wrongful death case and quashed a trial court order finding no work product protection...

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    • Florida Fourth DCA quashes trial court order requiring production of plaintiff’s mental health records

      On March 24, 2021, in Ern v. Springer, et al. No. 4D20-2107, the Florida Fourth DCA granted the certiorari petition of the plaintiff in a motor vehicle negligence case and quashed a trial court order requiring production...

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    • Florida Second DCA rejects motor vehicle negligence defendant’s attempt to discover trade secrets from third party medical provider

      On February 5, 2021, in Gulfcoast Spine institute, LLC, et al, v. Walker, et al, No. 2D19-4220, the Florida Second DCA granted a certiorari petition from a non-party medical provider in a motor vehicle negligence case ...

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    • Florida Third DCA rules that defendant in civil sexual battery case has a valid Fifth Amendment right not turn over documents because of reasonable fear of future criminal prosecution

      On February 3, 2021, in Shimon v. R.B., No. 20-18188, the Florida Third DCA granted a defendant’s writ for certiorari and quashed an order in a civil sexual battery case requiring him to provide documents in discovery...

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    • Florida Second DCA rejects certiorari petition from party seeking relief from production of allegedly privileged documents, finding that petition was premature

      On February 10, 2021, in The Hertz Corporation et al, v. Sider, No. 2D20. The Florida Second DCA denied a certiorari petition by the plaintiff rental car company in a lawsuit against a former employee...

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    • Florida Third DCA rules that litigation privilege does not apply to condo assessment collection activity knowingly undertaken without legal authority

      On January 20, 2021, in Moise v. Ola Condominium Association, Inc. et al., No. 3D20-143, the Florida Third DCA addressed the issue whether Florida’s common law litigation privilege...

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    • Florida Third DCA rules that trial court erred in ordering disclosure of work-product materials from insurance company’s claims file in first-party property insurance lawsuit

      On January 13, 2021, in Avatar Property & Casualty Insurance Company v. Mitchell, No. 3D20-1515, the Florida Third DCA granted certiorari relief in a first-party property insurance lawsuit...

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    • Florida Third DCA rules that defendants in defamation action were entitled to absolute litigation privilege for the allegedly defamatory disclosure of bar complaint against plaintiffs as an attachment to a pleading in a separate replevin action

      On December 23, 2020, in Gursky Ragan, P.A. v. Association of Poinciana Villages, Inc., No. 3D19-0696, the Florida Third DCA affirmed a trial court summary judgment...

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    • Florida Fourth DCA rules in criminal vehicular homicide case that State was not entitled to subpoena defendant’s hospital records following the incident because there was not a "reasonable founded suspicion" that the defendant had been intoxicated

      On December 2, 2020, in Rodriguez v. State of Florida, No. 4D20-2010, the Florida Fourth DCA granted the certiorari petition of a defendant in a pending vehicular homicide case...

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    • Florida Third DCA quashes trial court’s contempt order against defendant in civil theft case, finds that defendant did not waive Fifth Amendment right by refusing to answer questions on other privilege grounds prior to invoking Fifth Amendment

      On December 2, 2020, in Wahnon v. Coral and Stones Unlimited Corp., No. 3D19-2387, the Florida Third DCA addressed the issues that arise when a trial court attempts...

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    • Florida Third DCA rules that production of insurance company’s documents concerning its business practices and procedures was premature in first-party dispute concerning insurance coverage

      On November 25, 2020, in State Farm Florida Insurance Company v. Hill, No. 3D20-1191, the Florida Third DCA quashed a trial court order which had denied State Farm’s motion...

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    • Florida Third DCA rules that trial court erred by requiring subpoenaed non-party to file a privilege log

      On November 25, 2020, in IATAI Enterprises, Inc. v. Loyacono, No. 3D19-1831, the Florida Third DCA reversed a trial court order which had compelled a subpoenaed company...

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    • Florida Fifth DCA rules that defendant waived work product privilege by allowing corporate representative to testify about content of privileged documents

      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

      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

      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 that Florida’s learned intermediary doctrine does not contain a “financial bias” exception covering situations where the doctor and the manufacturer have a financial relationship

      On April 29, 2021, in Salinero v. Johnson & Johnson, et al., No. 20-10900, the Eleventh Circuit Court of Appeals affirmed a summary judgment for the defendant surgical mesh manufacturer in a product liability...

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    • Eleventh Circuit affirms summary judgment for prescription drug manufacturer in product liability failure to warn case, finding that prescribing physician's testimony that he already knew risk information at time of prescription broke "causal chain" of proximate causation

      On December 22, 2020, in Hubbard v. Bayer Heathcare Pharmaceuticals Inc. et al., No. 19-13087, the Eleventh Circuit Court of Appeals affirmed a district court’s summary judgment...

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    • Florida Fourth DCA rejects use of consumer expectations test in product liability case due to complexity of medical device involved and fact that it was available to an ordinary consumer only as an incident to a medical procedure

      On October 7, 2020, in Cavanaugh v. Stryker Corporation, No. 4D19-523, the Florida Fourth DCA considered an appeal by the plaintiff of a defense verdict in a product liability case...

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    • 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

      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

      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

      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

      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 Supreme Court holds that insurer has standing through its contractual subrogation provision to maintain a malpractice action against legal counsel hired to represent the insured where the insurer had a duty under the policy to defend the insured

      On June 3, 2021, in Arch Insurance Company v. Kubicki Draper, LLP, No. SC19-673, the Florida Supreme Court determined that an insurer has standing through its contractual subrogation provision to maintain a malpractice action ...

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    • Florida Second DCA rules that trial court erred in dismissing professional negligence complaint alleging that plaintiff was third party beneficiary of estate planning performed by law firm for her grandmother

      On June 23, 2021, in Ellerson v. Moriarty, et al., No. 2D20-2563, a legal malpractice case, the Florida Second DCA reversed a trial court’s order dismissing the plaintiff’s case. The law firm defendant in the case had been...

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    • Florida Second DCA reverses trial court’s dismissal of plaintiff’s legal malpractice lawsuit on statute of limitations grounds

      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

      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

      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 Fifth DCA rules that trial court’s award of attorney’s fees and costs to defendant under proposal for judgment statute, Fla. Stat. § 768.79, erroneously included expert witness fess for expert who did not testify at trial

      On May 14, 2021, in Pelecki v. Federates National Insurance Company, No. 5D19-3702, the Florida Fifth DCA issued a per curiam affirmance of a trial court’s award of fees and costs to the defendant in a first party homeowner’s insurance case in which the defendant had made a $5,000 pretrial proposal for settlement...

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    • Florida First DCA rules that defendants’ joint proposal for settlement was unenforceable by plaintiff since a material condition, the release of the defendants from further liability, had already been partly accomplished by one defendant’s acceptance of a proposal for settlement from the plaintiff

      On March 10, 2021, in Ketterling v. Morris, No. 1D20-37, the Florida First DCA reversed a trial court ruling and held that the defendant in a motor vehicle negligence case had not made an enforceable proposal for settlement ...

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    • Florida Second DCA rules that defendant could not file valid proposal for settlement upon a plaintiff added in an amended complaint until 90 days elapsed from the time of the filing of the amended complaint

      On March 17, 2021, in Arizone, et al. v. Homeowners Choice Property & Casualty Insurance Company, Inc., No. 2D18-1116, the Florida Second DCA ruled that a defendant’s proposal for settlement against a plaintiff...

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    • Florida Second DCA rules that plaintiff’s voluntary dismissal of complaint without prejudice did not trigger entitlement by defendant to attorney’s fees under Fla. Stat. § 768.79 even though the statute of limitations had expired at the time of dismissal

      On December 23, 2020, in Herrell, et al. v. Universal Property & Casualty Insurance Company, No. 2D19-1911, the Florida Second DCA affirmed a trial court's denial of the defendants' motion...

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    • Florida Second DCA affirms trial court’s denial of defense motion to enforce alleged settlement agreement involving proffered settlement check that included lienholder as additional payee

      On October 28, 2020, in Suarez Trucking FL Corp.. et al. v. Souders, No. 2D19-572, the Florida Second DCA affirmed a trial court order which denied the defendant’s motion...

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    • Florida Fourth DCA reverses trial court’s award of fees and costs to plaintiff based on defendant’s failure to accept proposal for settlement, concluding that the proposal was unenforceable because it was issued prior to the proper substitution of the deceased defendant’s curator as defendant

      On September 9, 2020, in De La Riva v. Chavez, No. 4D19-1371, the Florida Fourth DCA reversed a trial court order granting the prevailing plaintiff...

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    • Florida Fourth DCA rules that proposal for settlement containing erroneous settlement amount was void because it was not authorized by client

      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

      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

      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

      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 Second DCA finds that county school board was not exempt from PIP insurer’s reimbursement demand for benefits paid to injured school bus passengers

      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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    • Florida Fourth DCA rules that plaintiff’s submission in support of motion to add punitive damages claim was insufficient, noting that no depositions, affidavits or documentary evidence were submitted with the motion

      On April 7, 2021, in White v. Boire, No. 2D20-2021, the Florida Second DCA granted the certiorari motion of a defendant in a pending civil action in which the trial court had granted the plaintiffs’ motion to amend their complaint ...

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    • Florida Second DCA rules that "clear and convincing evidence" standard does not apply to motion to add punitive damages claim

      On January 6, 2021, in Deaterly v. Jacobson, No. 2D20-636, the Florida Second DCA denied the certiorari petition of a defendant in a civil lawsuit who objected to a trial court order...

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    • Florida Fifth DCA rules that punitive damages award in Engle-progeny tobacco case that was over 50 times greater than the compensatory damages award was constitutionally excessive under Eighth Amendment

      On October 23, 2020, in R.J. Reynolds Tobacco Company v. Coates, No. 5D19-2549, the Florida Fifth DCA reversed a $16 million punitive damages award for the plaintiff...

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    • Florida Third DCA rules that trial court applied erroneous legal standard to review of plaintiff’s motion to add punitive damages claim

      On October 21, 2020, in Rodriguez v. Scurtis, No. 3D20-890, the Florida Third DCA granted a defendant’s certiorari petition for relief from a trial court order...

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    • 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

      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

      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

      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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    • 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 Second DCA rules that whether Sarasota County had unwritten contract with private hospitals and thereby waived sovereign immunity from liability for reimbursement of the costs of indigent care is a jury question not subject to summary judgment

      On June 16, 2021, in Sarasota County Public Hospital District and Sarasota County v. Venice HMA, LLC, et al., No. 2D19-3745, the Florida Second DCAdenied the defendant County’s certiorari petition for relief from the trial court’s denial...

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    • Florida Fourth DCA rules that Broward County Sheriff and detention personnel were not protected by sovereign immunity for “operational level” actions allegedly resulting in harm to Broward County Jail inmate

      On May 5, 2021, in Williams v. Tony et al., No. 4D20-1342, the Florida Fourth DCA reversed the trial court’s dismissal of the lawsuit of a plaintiff who claimed he was the victim of negligence and excessive force by Broward County Sheriff’s Office detention officers at the Broward County Jail...

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    • Florida First DCA rules that premises liability plaintiff’s failure to properly identify “appropriate agency” in presuit notice under Fla. Stat. § 768.28(6) constituted valid basis for summary judgment and reverses trial court’s denial of defendants’ summary judgment motions

      On May 12, 2021, in City of Jacksonville, et al. v. Boman, No. 1D20-658. The Florida First DCA reversed a trial court order which had denied the defendants’ motion for summary judgment in a premises liability case filed by a plaintiff who injured herself by falling into a manhole...

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    • Florida Fourth DCA rules that security company hired by Broward County qualified as “state agency of subdivision” subject to $200.000/$300,000 sovereign immunity cap on tort liability

      On May 12, 2021, in Lovelace v. G4S Secure Solutions (USA), Inc., No. 4D20-1434, the Florida Fourth DCA affirmed a trial court’s decision that a security company working as an independent contractor for Broward County was entitled to sovereign immunity in a premises liability case involving an accident...

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    • Florida Fourth DCA rules that high school basketball game was “operational level event” entitling defendant school board to sovereign immunity from lawsuit by student injured in crowd

      On May 19, 2021 in School Board of Broward County v. McCall, No. 4D19-104, the Florida Fourth DCA ruled that the defendant School Board was not liable for injuries sustained by a student when he fell while running with a crowd of spectators following a high school basketball game...

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    • Eleventh Circuit Court of Appeals rules that state-controlled foreign bank was not entitled to statutory sovereign immunity from lawsuit in the United States, citing commercial activity exception in Foreign Sovereign Immunities Act

      On December 4, 2020, in R&R International Consulting, LLC, v. Banco Do Brasil, S.A., No. 19-12466, the Eleventh Circuit Court of Appeals ruled that a U.S. district court erred...

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    • Eleventh Circuit Court of Appeals rules that State of Florida does not have sovereign immunity from lawsuit brought by the National Association of the Deaf to require captioning for live and archived videos of Florida legislative proceedings

      On November 10, 2020, in National Association of the Deaf, et al. v. State of Florida, et al., No. 18-12786, the Eleventh Circuit Court of Appeals affirmed a SDFL district court’s denial...

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    • Florida Third DCA affirms trial court ruling that University of Miami is entitled to sovereign immunity in lawsuit alleging negligence of its employee doctor while he was providing medical services at Jackson Memorial Hospital

      On October 28, 2020, in Lazzari, et al., v. Guzman, et al. No. 3D19-597, the Florida Third DCA affirmed a trial court ruling in a medical negligence case that the University of Miami...

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    • Florida First DCA rules that sovereign immunity barred claims against state entity arising under federal Uniformed Services Employment and Reemployment Rights Act of 1994 and Florida Uniformed Servicemembers Protection Act

      On October 9, 2020, in State of Florida v. Hightower, No. 1D19-227, the Florida First DCA ruled that sovereign immunity barred a private individual’s claims against the Florida Department of Highway Safety and Motor Vehicles...

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    • Florida Supreme Court rules that Florida's sovereign immunity cap on damages applies collectively to all victims in mass shooting because all injuries occurred as the result of the "same incident or occurrence"

      On September 24, 2020, in Barnett v. State of Florida, Department of Financial Services, et al., No SC19-87, the Florida Supreme Court ruled that multiple...

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    • 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

      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

      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

      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

      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 Supreme Court rules that minor-aged victim of sexual abuse is not entitled to accrue negligence and respondeat superior claims against employer of abuser until a proper representative knew or reasonably should have known of the facts that supported the cause of action

      On October 1, 2020, in RR, et al., New Life Community Church of CMA, Inc., et al, No. SC18-962, a case in which the plaintiffs alleged that they were sexually abused as children...

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    • 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

      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

      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 Fourth DCA reverses judgment for plaintiff in tobacco litigation case and remands for new trial based on improper closing argument by plaintiff’s counsel likening defendant to Orwellian “Big Brother”

      On June 30, 2021, in R.J. Reynolds Tobacco Company, et al. v. Mahfuz, No. 4D19-2236, the Florida Fourth DCA reversed a judgment for the plaintiff in a tobacco litigation case, finding that statements made by the plaintiff’s attorney during...

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    • Florida Second DCA rules that pre-1999 punitive damages statute applies to Engle-progeny wrongful death tobacco case, certifying conflict with Florida Fifth DCA

      On March 3, 2021, in R.J. Reynolds Tobacco Company v. Jones, No. 2D19-3537, the Florida Second DCA affirmed a judgment for the plaintiff in an Engle-progeny wrongful death action against the defendant tobacco company...

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    • Florida Fourth DCA reverses $10 million judgment for plaintiff in Engle-progeny tobacco case, finding that trial court erred in admitting decedent smoker’s hearsay statement that she had heard “from the advertising” that filtered cigarettes were safe

      On February 10. 2021, in R.J. Reynolds Tobacco Company v. Hamilton, No. 4D19-2699, the Florida Fourth DCA reversed a $10.6 million judgment for the plaintiff ...

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    • Eleventh Circuit Court of Appeals affirms $20.7 punitive damages award against Philip Morris, USA, Inc., in Engle-progeny tobacco case

      On January 19, 2021, in Cote v. Philip Morris USA, Inc., No. 19-14074, the Eleventh Circuit Court of Appeals ruled that a $20.7 million punitive damages award in an Engle-progeny tobacco case...

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    • Florida Third DCA affirms directed verdict for defendant on issue of punitive damages related to plaintiff’s non-intentional tort claims; finds that plaintiff failed to present sufficient evidence that decedent relied on tobacco companies’ misrepresentations

      On December 16, 2020, in Hardin v. R.J. Reynolds Tobacco Company, No. 3D18-0958, the Florida Third DCA affirmed a trial court’s directed verdict in favor of the defendant...

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    • Eleventh Circuit reverses judgment for plaintiff in tobacco litigation case after concluding that plaintiff was not entitled to Engle class liability findings

      On November 20, 2020, in Harris v. R.J. Reynolds Tobacco Company, et al., No. 19-11907, the Eleventh Circuit Court of Appeals reversed a judgment for the plaintiff...

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    • Eleventh Circuit rules that retrial of punitive damages claim in Engle-progeny tobacco case will not include retrial of underlying claims for negligence and strict liability for which a jury has already awarded plaintiff $2.125 million

      On September 15, 2020, in Sowers v. R.J. Reynolds Tobacco Company, No. 18-1191, the Eleventh Circuit Court of Appeals ruled in an Engle progeny...

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    • Florida Third DCA affirms directed verdict for defendant tobacco company on plaintiff’s punitive damages claims in Engle-progeny tobacco case

      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

      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

      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

      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

      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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    • Eleventh Circuit Court of Appeals reverses district court judgment for the defense in wrongful death case against former President and Defense Minister of Bolivia

      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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    • Florida Supreme Court rules that Florida’s 1983 Water Quality Assurance Act permits recovery for personal injuries

      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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    • Florida Second DCA rules that trial court erred in allowing insured under State Farm UM policy to benefit from policy stacking provisions when stacking was affirmatively rejected as part of policy renewal process

      On May 21, 2021, in State Farm Fire and Casualty Insurance Company v. Wilson, No. 2D19-4046, the Florida Second DCA reversed a trial court ruling that the insured under an uninsured motorist (UM) insurance policy was entitled to UM coverage for injuries sustained while riding a motorcycle not listed as a covered vehicle...

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    • Florida Fourth DCA rejects class action certification for Geico policyholders who allegedly executed online waivers of UM coverage

      On November 12, 2020, in Coccaro v. Geico General Insurance Company, No. 4D19-3665, the Florida Fourth DCA affirmed the trial courts’ denial of class certification...

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    • Florida Second DCA rules that prevailing party’s recovery of attorney’s fees in bad faith action includes fees from underlying UM action

      On November 13, 2020, in Milling v. The Travelers Home and Marine Insurance Company, No. 2D18-4724, the Florida Second DCA reversed a trial court ruling...

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    • Florida Fifth DCA rules that advance payment by UM insurer to insured operated as a set-off from judgment in UM case

      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

      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

      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

      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

      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

      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 First DCA affirms summary judgment for defendant based on plaintiff’s failure to specifically plead defendant’s vicarious liability in complaint

      On January 29, 2021, in Wilson v. Jacks, No, 1D20-461, the Florida First DCA affirmed a summary judgment order for the defendant in a negligence case involving a fire...

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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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    • Eleventh Circuit Court of Appeals reverses summary judgment entered by district court for defendant mortgage lender in quit tam False Claims Act case alleging military veterans were charged mortgage origination fees that were prohibited by VA regulations

      On February 17, 2021, in Bibby, et al.,v. Mortgage Investors Corporation, et al., No. 19-12736, the Eleventh Circuit Court of Appeals reversed a summary judgment in favor of the defendant mortgage lender ...

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    • Eleventh Circuit affirms summary judgment for defendant in retaliatory relief lawsuit filed by defendant’s former employees under False Claims Act, finding that lawsuit could not be maintained since defendant had not actually filed any false claims with the government

      On January 19, 2021, in Hickman, et al. v. Spirit of Athens, Alabama, Inc., No. 19-10945, the Eleventh Circuit Court of Appeals affirmed the district court’s summary judgment...

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    • Florida Fifth DCA remands case brought under Florida Private Whistleblower Act for new trial after concluding that trial court erroneously instructed jury using "motivating factor" causation standard

      On October 30, 2020, in Chaudhry v. Adventist Health System Sunbelt, Inc., No. 5D18-2380, the Florida Fifth DCA affirmed a trial court order setting aside a jury's award to the plaintiff...

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    • 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

      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

      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

      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

      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 in Worker’s Compensation case that Employer/Servicing Agent forfeited right to select one-time change physician under Fla. Stat. § 440.13(2)(f)due to delay in following up with new doctor after initial selection

      On June 16, 2021, in St. Lucie Public Schools/Relation Insurance Services of Florida v. Alexander, No. 1D20-2266, the Florida First DCA affirmed a Judge of Compensation Claims (JCC) ruling that a Worker’s Compensation (WC) claimant...

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    • Florida First DCA rules that worker’s compensation recipient was not entitled to reimbursement for cost of evaluation for medical marijuana prescription

      On June 30, 2021, in Jones v. Grace Healthcare, No. 1D19-1684, the Florida First DCA ruled that a worker’s compensation claimant was not entitled to reimbursement under Florida’s worker’s compensation laws for...

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    • Florida Second DCA rules that electric company could not claim workers compensation immunity from liability for injuries to employees of company working under maintenance contract at electric plant

      On October 16, 2020, in Tampa Electric Company v. Gansner, et al., No. 2D19-3091, the Florida Second DCA affirmed a trial court ruling denying summary judgment to the defendant...

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    • Florida First DCA rules that defendants in personal injury lawsuit were not estopped from claiming workers’ compensation immunity despite taking position in workers’ compensation proceeding that plaintiff’s claim was not covered by workers’ compensation

      On January 22, 2020, in McNair v. Dorsey, et al, No. 1D18-698, the Florida First DCA ruled that the defendants in personal injury lawsuit were not estopped...

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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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    • Eleventh Circuit rules that Florida’s wrongful death statute applies to maritime wrongful death case involving cruise ship company based in Florida since decedent’s home state of Wisconsin does not apply its wrongful death statute to deaths occurring outside of Wisconsin

      On June 21, 2021, in Goodloe v. Royal Caribbean Cruises, Ltd, No. 19-14324, the Eleventh Circuit Court of Appeals affirmed a district court ruling that Florida law governed the award of non-economic damages in a maritime case involving...

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    • Florida First DCA rules that “final judgment” under§ 768.24 of Florida’s Wrongful Death Act occurred at the termination of judicial labor at the trial level, affirming trial court ruling reducing recovery by statutory survivor who died during pendency of post-trial motions from $5 million to zero

      On February 26, 2021, in Hamblen v. Pilot Travel Centers, LLC, No. 1D19-1613, the Florida First DCA ruled as a matter of first impression that a “final judgment” ...

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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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    • 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

      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

      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.

      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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