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Blog Posts in Punitive Damages

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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
    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
    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
    Florida Fourth DCA denies corporate defendant’s certiorari petition objecting to trial court order allowing prosecution of punitive damages claim; inclusion of claim was permissible because it was based on alleged direct, rather than vicarious, liability o

    On April 24, 2019, in The Event Depot Corp. v. Frank , No. 4D18-2306, the Florida Fourth DCA denied a corporate defendant’s certiorari petition objecting to a trial court order allowing a punitive ...

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

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

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

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

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

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

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