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- 2019
- August
- Florida First DCA rules that medical negligence allegation cannot form the basis of a claim of abuse claim under Florida’s Adult
- Florida First DCA affirms directed verdict for plaintiff on issue of permanency in motor vehicle negligence case; finds that jur
- Florida Fifth DCA rules that where homeowner’s insurance company did not “wholly deny” insured’s loss claim, issue had to be res
- Florida Fifth DCA reverses trial court, finds that summary judgment for the defendants in a motor vehicle negligence case was im
- Florida Fifth DCA reverses trial court, finds that summary judgment for defendant in civil case alleging violation of Florida Wi
- Florida Fourth DCA rules that plaintiff’s counsel engaged in impermissible “trial by ambush” tactics in motor vehicle negligence
- July
- Florida Third DCA rules that whether City of Coral Gables’ created a dangerous condition in placement of palm trees in street me
- Florida Second DCA rules that Florida statutory requirement of presuit notice to prospective defendant in libel and slander case
- Florida Fifth DCA rules that trial court erred in excluding plaintiff’s statement to medical personnel about circumstances of mo
- Florida First DCA rules that corporate defendant was “affiliate” of nursing home entitled to invoke delegation clause in nursing
- Eleventh Circuit Court of Appeals rules that defendant police officer is entitled to qualified immunity in civil rights lawsuit
- Florida Third DCA rules that defendant’s nominal proposal for settlement was not made in bad faith because defense had well-foun
- Eleventh Circuit finds police officers were entitled to qualified immunity in civil rights lawsuit brought by plaintiff claiming
- Florida First DCA rules that plaintiff’s alleged prior history of drug abuse was irrelevant and more prejudicial than probative
- Florida Fifth DCA rules that trial court erroneously dismissed legal malpractice complaint on statute of limitations grounds; no
- Florida Fifth DCA rules that cost of non-testifying expert is not a taxable cost that can be counted in determining whether 125%
- Florida Fourth DCA that discovery protections afforded defense expert in negligence case extended to non-party corporate entity
- Florida Fourth DCA quashes trial court’s discovery order because of trial court’s failure to conduct in camera inspection of all
- Florida Fourth DCA reverses trial court’s dismissal of plaintiff’s slip and fall complaint; plaintiff’s knowledge of dangerous c
- Florida Fourth DCA rules that attorney copying client on “cease and desist letter” to third party did not constitute publication
- Florida Fourth DCA reverses multi-million dollar judgment for plaintiff in medical negligence lawsuit on the basis of improper i
- Florida Fourth DCA reverses ruling of trial court striking plaintiff’s pleadings and imposing fees and costs sanction against pl
- Florida Second DCA reviews procedural rules for punitive damages claim in nursing home negligence case, finds trial court did no
- Florida Second DCA rules that doctrine of parental immunity does not apply in wrongful death case involving accident in which bo
- Florida First DCA rules that liability of law enforcement agency for injuries caused by motor vehicle pursuit requires proof of
- June
- Fourth of July Weekend Safety Tips
- Florida Fifth DCA reverses trial court’s dismissal of plaintiff’s pro se premises liability negligence complaint against county
- Florida Second DCA reverses trial court order denying plaintiff’s motion for additur of jury verdict that included economic dama
- Florida Second DCA grants defendant’s certiorari petition, finds that trial court did not provide necessary explanation of its r
- Florida First DCA rules that insurance coverage under liability policy identifying a named insured as doing business under a fic
- Florida Fifth DCA rules that defendant in assisted living facility negligence case waived its right to arbitration by attempting
- Florida Second DCA finds that county school board was not exempt from PIP insurer’s reimbursement demand for benefits paid to in
- Florida First DCA rules that relation back doctrine applied to amended complaint in wrongful death case involving state prison i
- Eleventh Circuit Court of Appeals affirms denial of defendant correctional officer’s motion to dismiss on grounds of qualified
- Florida Second DCA reverses trial court ruling that plaintiff was covered under her sister’s Uninsured Motorist policy; because
- Florida Supreme Court adopts Daubert standard for admission of admission of expert testimony
- Florida First DCA affirms denial of plaintiff’s motion to add punitive damages claim against defendant corporation; emergency ro
- 6 Tips to Prepare for Hurricane Season
- Florida Fifth DCA rules that trial court erred in ordering non-party resident of Colorado to appear for deposition in Florida as
- Florida Second DCA rules that trial court erred in dismissing plaintiff’s complaint for failure to file motion to substitute par
- Florida First DCA grants defendant’s motion for writ of prohibition and disqualifies trial judge from presiding over Engle proge
- Florida First DCA affirms dismissal of whistleblower complaint brought by public university student, concluding that only public
- May
- Florida First DCA rules that plaintiff was not entitled to sue for mental anguish and emotional distress allegedly caused by his
- Florida Fifth DCA rules that trial judge improperly relied upon informal, post-discharge, ex parte communications with jurors as
- Florida Fourth DCA denies certiorari petition of plaintiff whistleblower seeking temporary employment reinstatement under Florid
- Memorial Day Is One of the Deadliest Days for Teens to Be on the Road
- Florida Fifth DCA reverses trial court order which denied class action defendant’s motion to dismiss for improper venue, finds t
- Florida Fourth DCA denies corporate defendant’s certiorari petition objecting to trial court order allowing prosecution of punit
- Florida Fourth DCA rules that trial court erred in dismissing civil rights complaint of plaintiff who claimed he was falsely arr
- Florida Fifth DCA rules that Florida law does not impose a duty on nonparties to litigation to preserve evidence based solely on
- Florida Fourth DCA affirms defense verdict in negligence case brought under Florida’s Warren Act, finds no error in trial court’
- Florida Fourth DCA rules that absolute immunity for communications during judicial proceedings does not provide immunity to a ps
- Florida Third DCA rules that release form signed by gym customer did not bar premises liability lawsuit for injuries suffered by
- April
- Florida Third DCA rules that plaintiff was not entitled to new trial based on improper closing argument by defense counsel beca
- Florida Second DCA rules that plaintiff’s lawsuit under Florida Whistle-blower’s Act was subject to dismissal for failure to fir
- Eleventh Circuit Court of Appeals reverses summary judgment for defendant correctional officers in excessive force civil rights
- Florida Second DCA rules that Florida’s proposal for settlement statute, Section 768.79, was inapplicable to negligence case gov
- Florida First DCA rules that real estate rental contract’s exculpatory “As-Is” clause constituted waiver of claim by lessee agai
- Florida Fourth DCA rules that defendant’s proposal for settlement addressed to individual plaintiff in multi-plaintiff proceedin
- Florida Third DCA affirms order granting plaintiff new trial based on the trial court’s alleged bias against plaintiff’s counsel
- Florida Third DCA affirms trial court’s dismissal of plaintiff’s negligence complaint against surveyor, rejects application of d
- Eleventh Circuit Court of Appeals reverses district court’s dismissal of civil rights wrongful death lawsuit on grounds of quali
- Eleventh Circuit Court reverses summary judgment for defendant in cruise line premises liability case involving alleged negligen
- Florida Fifth DCA rules that trial court erred in awarding attorney’s fees to prevailing plaintiff in motor vehicle negligence c
- Florida Fourth DCA rules that defendant dentists were entitled to dismissal of patient’s lawsuit based on plaintiff’s failure to
- Florida Fourth DCA clarifies due process requirements for notification to Medicaid recipient of State Medicaid Fair Hearing on d
- Florida Third DCA rules that hospital does not have non-delegable duty to provide non-negligent ER services, certifies conflict
- March
- Florida Fourth DCA reverses trial court’s summary judgment for defendant in premises liability case, concludes that material iss
- Florida Third DCA rules that trial court committed reversible error by allowing the plaintiff to testify that her physicians had
- Eleventh Circuit Court of Appeals rules assignee of reimbursement claim of Medicare Advantage Organization was barred from suing
- Florida Fifth DCA affirms trial court ruling that defendant insurance company did not impair attorney’s lien by paying over sett
- Florida Fifth DCA rules that loss of consortium claim by spouse of personal injury plaintiff was “inextricably intertwined” with
- Eleventh Circuit rules that police officer’s qualified immunity did not bar civil rights lawsuit involving plaintiff forcibly ar
- Florida Second DCA denies certiorari review of trial court’s order setting aside clerk’s entry of default
- Florida Fifth DCA rules that defense counsel’s law firm in personal injury case was required to disclose financial relationship
- Florida Fifth DCA reverses trial court’s dismissal of plaintiffs’ professional negligence complaint against mortgage foreclosure
- February
- Florida Fourth DCA reverses trial court’s award of attorney’s fees to prevailing party on motion to compel discovery, finds that
- Florida Third DCA reverses trial court’s denial of defendants’ motion to dismiss on forum non conveniens grounds; remands for re
- Florida Third DCA reverses trial court order dismissing plaintiff’s complaint against broadcast news company for defamation/libe
- Florida Fourth DCA rules that monetary caps on sovereign immunity waiver applied aggregately to all victims in shooting spree by
- Florida Fourth DCA rules that trial court's denial of defendant's summary judgment motion on fraud claims was not the "functiona
- January
- Florida Supreme Court resolves DCA split, rules that proposals for settlement need not comply with email service requirements of
- Florida First DCA rules that corporate shield doctrine bars personal jurisdiction over nonresident corporate officer named as de
- Florida Supreme Court resolves DCA conflict, rules that PIP insurer must apply PIP deductible before reduction based on statutor
- Florida 5th DCA reverses $6 million verdict for plaintiff in motor vehicle negligence case
- Florida Fourth DCA rules that 2011 law made 2006 legislative elimination of joint and several and several liability generally re
- August
- 2018
- December
- Florida Third DCA affirms trial court's denial of prevailing defendant's motion for attorney's fees
- Florida Second DCA reverses trial court order setting aside default judgment against defendant, finds that defendant failed to p
- Florida Second DCA reverses trial court dismissal of Engle progeny tobacco case, remands for hearing on whether plaintiff receiv
- Florida Fifth DCA affirms trial court's dismissal of plaintiff's claim brought under Florida Whistleblower's Act
- November
- Florida Fourth DCA rules that trial court's additur was improper where jury award of damages was not unreasonably inadequate
- Florida Third DCA withdraws previous opinion, holds that joint proposal for settlement was fatally ambiguous
- Florida Supreme Court rules that plaintiff's proposals for settlement to defendants were valid
- Eleventh Circuit upholds district court's denial of qualified immunity to prison warden who allegedly ordered hospital staff to
- October
- Florida Second DCA rules that standard State Farm UM policy language permissibly excludes coverage for injuries sustained by hou
- Florida Third DCA rules that spoliation case does not accrue until underlying tort case is resolved
- Florida Third DCA affirms dismissal of legal malpractice case because plaintiff was not in privity with or an intended beneficia
- Florida Third DCA rules that trial court erred in striking complaint due to delay in appointment of personal representatives for
- Florida Third DCA rules that trial court erred in not granting defendants' motion for order awarding entitlement to attorney's f
- Eleventh Circuit Court of Appeals rules that school resource officers were entitled to qualified immunity in civil rights case
- Florida Supreme Court rules that claims adjuster's delay in telling insured about injured third party's demand for insured's ass
- September
- Florida Third DCA rules that Engle tobacco class definition of "all Florida citizens and residents" must be read disjunctively
- Florida Supreme Court amends standard medical malpractice jury instructions to delete ambiguous provision which could be read as
- Eleventh Circuit Court of Appeals affirms district court's denial of summary judgment based on qualified immunity to officer who
- Eleventh Circuit affirms plaintiff verdict in Engle progeny tobacco case, finds no due process violation in applying general Eng
- July
- Florida Second DCA reverses trial court's approval of class action settlement in shareholder disclosure lawsuit for failure to a
- Florida Second DCA rules that trial court erred in not applying "manifest weight of the evidence" standard to consideration of t
- Florida Fourth DCA rules that trial court erred in entering summary judgment for law firm defendant in professional negligence l
- Florida Third DCA rules that defendant waived work-product and attorney-client privileges by failing to file a privilege log wit
- Florida Third DCA analyzes Florida law re permissible voir dire questions and admissibility of excited utterances and dying decl
- Florida Third DCA reverses trial court's summary judgment for defendant in premises liability case alleging both dangerous condi
- Florida Second DCA reverses judgment awarding damages for intentional infliction of emotional distress, finding insufficient evi
- Florida Fourth DCA rules that physician who prevailed in medical negligence lawsuit could not equitably be bound by premature ju
- Florida Fourth DCA rules that insufficient evidence of aggravation of preexisting condition was presented at motor vehicle negli
- Fourth DCA rules that law firm that allegedly maintained open bar for employees was not liable under Reverse Dram Shop Act for e
- Florida Third DCA rules that federal Death on the High Seas Act is inapplicable to deaths occurring within Florida's territorial
- Eleventh Circuit rules that police offers were entitled to qualified immunity from claims of false arrest and use of excessive f
- Florida Fifth DCA remands for new trial because of trial court's failure to conduct necessary analysis of allegedly race-based p
- Florida Second DCA rules that trial erred in dismissing plaintiff's lawsuit for failure to serve notice of hearing with motion f
- Florida Fifth DCA rules that new trial on damages ordered after defense rejected remittitur need only be held regarding specific
- Florida Fourth DCA rules that reasonableness and necessity of plaintiff's medical expenses were properly established through pla
- Florida First DCA reverses trial's court's summary judgment for defense in whistleblower violation case involving alleged improp
- Florida Fifth DCA rules that four-year negligence statute of limitations in child sex abuse case began running on date of abuse
- Florida Third DCA rules that proposal for settlement issued to two defendants was invalid because it was conditioned on mutual a
- Florida Second DCA rules that State Farm PIP policy's election to limit reimbursement payments for medical expenses to schedule
- Florida First DCA rules that infectious disease expert did not practice in "similar" specialty to defendant ophthalmologist trea
- Florida Supreme Court rules that motion to enlarge time to respond to proposal for settlement does not automatically toll the ru
- Eleventh Circuit Court of Appeals rules that plaintiff expert's testimony in toxic tort lawsuit was properly excluded for failur
- Florida Fifth DCA rules that plaintiff counsel's improper closing argument, including repeated references to defendant insurance
- Florida Fifth DCA rules that whether pizza chain was vicariously liable for negligent conduct by a franchisee's employee was a d
- Florida Fifth DCA rules that plaintiff who married decedent after the date of the injury leading to his death could still recove
- Florida Fourth DCA rules GEICO's online form to elect non-stacked UM coverage invalid under Fla. Stat. Section 627.727, precludi
- Florida Third DCA rules the jury's award of damages for past medical expenses but not future medical expenses was not legally in
- Florida Third DCA rules that sovereign immunity shielded county from liability for discretionary decisions made concerning alloc
- Florida Supreme Court rules that plaintiff's complaint alleging negligent physical restraint by National Deaf Academy personnel
- Florida Supreme Court rules in medical negligence case that trial court erroneously admitted testimony from treating physician b
- Florida Third DCA remands for directed verdict in favor of defendant in premises liability case, finding no duty by defendant to
- Florida Fifth DCA reverses trial court's dismissal of complaint based on late filing by plaintiff of court ordered amendment, re
- Florida Fifth DCA reverses trial court's order granting new trial, basing decision on plaintiff counsel's failure to timely obje
- Florida Third DCA rules that proposal for settlement was invalid because it did not apportion liability between the two offerors
- 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) ap
- Florida Fourth DCA rules that contingency fee agreement was invalid where there was insufficient evidence that client ratified t
- Florida Fourth DCA vacates medical negligence arbitration award that included damages for loss of companionship and guidance as
- Florida Third DCA rules that proposal for settlement need not be filed with Court prior to or as part of filing of motion for at
- Eleventh Circuit Court of Appeals affirms trial court ruling that deputy was not entitled to qualified immunity from lawsuit all
- Florida Fifth DCA reverses trial court's ruling granting new trial to medical negligence plaintiff on basis that that defense ve
- Florida Third DCA reverses judgment for plaintiff in supermarket slip and fall case, finds insufficient evidence that supermarke
- Florida Second DCA rules the trial court erred in allowing plaintiff to amend complaint, finding that the defendant was prejudic
- March
- Florida Second DCA rules the defendant's proposal for settlement was enforceable despite alleged ambiguity about whether it call
- Florida Fifth DCA reverses trial court's dismissal of plaintiffs' bad faith lawsuit against home insurer, finds that insurer's p
- Florida Supreme Court rules that testimony of medical negligence plaintiff's treating physicians was not subject to "one expert
- Florida Fourth DCA rules that PIP insurers must reduce a provider's charges to statutory permissive fee schedule before applying
- Eleventh Circuit reverses district court, finds that arresting officers were entitled to qualified immunity in civil rights case
- Florida Fifth DCA reverses trial court's dismissal of plaintiff's complaint with prejudice as a sanction for proceeding with sur
- Florida Fourth DCA rules that trial court erred in denying defendant's motion for remittitur where $150,000 award for future med
- Eleventh Circuit rules trial court's erroneous jury instruction on statute of limitations in Engle progeny tobacco case harmless
- Florida Fourth DCA reverses trial court, finds proposal for settlement untimely because served later than 45 days before first d
- Florida Fourth DCA affirms trial court's enforcement of settlement agreement between parties, concludes that disputed language o
- February
- Florida Third DCA rules that plaintiff's proposal for settlement to defendant was not invalidated by reference to resolution of
- Florida First DCA dismisses interlocutory appeal of trial court order denying defendant's summary judgment motion based on sover
- Florida Fifth DCA rules that trial court erred in holding that plaintiff's agreement to answer Boecher interrogatories constitut
- Florida Fourth DCA rules that trial court properly excluded defense expert testimony in medical negligence trial but erred in de
- Florida Third DCA rules that motion for substitution by decedent's widow prior to her appointment as personal representative ext
- Florida Third DCA reverses trial court, holds that prevailing defendant was entitled to fees and costs based on plaintiff's deni
- Florida Second DCA reverses trial court's dismissal of medical negligence plaintiff's complaint for failure to state a cause of
- Florida Second DCA reverses trial court's order denying additur for unawarded past noneconomic damages despite undisputed eviden
- Eleventh Circuit vacates trial court's dismissal of qui tam relator's claim against defense contractor; remands for review of co
- Florida Fifth DCA rules that trial court erred by failing to apply collateral source setoff for Social Security disability payme
- Florida First DCA reverses trial court award of fees and costs to defense based on plaintiffs' denial of requests for admissions
- January
- Eleventh Circuit votes against rehearing en banc regarding its previous 2016 ruling upholding Medicare Advantage Organization's
- Florida Fifth DCA reverses judgment for future medical expenses in Uninsured Motorist negligence case, finds insufficient eviden
- Florida First DCA reduces amount payable to AHCA for Medicaid lien, finds that agency was bound by its stipulation that decedent
- Eleventh Circuit follows Florida Supreme Court precedent; rules in Engle progeny tobacco case that intentional tort judgment pre
- Florida Fifth DCA rules that civil remedy notice against insurance company was not filed prematurely when contractually mandated
- Florida Fourth DCA remands for new trial in homeowners' insurance coverage dispute, finding that trial court gave wrong jury ins
- Florida Second DCA rules that filing listing plaintiffs as proposed personal representatives of deceased's estate was not "sugge
- Florida Second DCA rules that UM insurer's exclusion of golf cart as "uninsured motor vehicle" was invalid when liability provis
- Florida First DCA rules malicious prosecution claim not barred by litigation privilege simply because defendant in underlying ca
- Florida Fifth DCA quashes trial court order compelling UIM insurer in bad faith case to produce discovery subject to claimed wor
- Florida Fourth DCA rules in Engle progeny tobacco case that trial court erred in denying plaintiff's motion to amend complaint t
- Eleventh Circuit reverses $23 million civil rights/excessive force verdict and remands for new trial because of trial court's er
- Florida Fifth DCA reverses trial court denial of motion for additur or new trial as to non-economic damages after jury returned
- Florida Third DCA rules that dismissal rather than abatement is required for third-party bad faith claim filed prematurely befor
- Florida Third DCA rules that foreign persons were not subject to service of process individually when compelled to attend U.S. d
- Eleventh Circuit rules that district court lacked jurisdiction under Alien Tort Statute over lawsuit against Chilean army office
- Florida Third DCA rules that federal admiralty jurisdiction applies to tort case for injury sustained by passenger riding on an
- Florida First DCA rules that service of UIM complaint on Florida Chief Financial Officer commenced 90-day waiting period for ser
- Florida First DCA affirms trial court determination that UIM contract provision extending coverage to unemancipated children of
- Florida Third DCA rules that defendant company was not sufficiently in control of nuclear power plant to trigger a duty to prote
- Florida Fifth DCA rules that trial court erred in directing verdict for plaintiff on issue of permanency in motor vehicle neglig
- Florida Fifth DCA affirms jury award in motor vehicle negligence case as to future medical expenses, but reverses award of loss
- Florida First DCA sides with Second and Fourth DCAs, rules that compliance with Fla. R. Jud. Admin. 2.516 not required for servi
- December
- 2017
- December
- Eleventh Circuit rejects qualified immunity claim of defendant officers in civil rights case involving allegations of excessive
- Florida Fourth DCA upholds trial court discovery order requiring alleged hit-and-run driver defendant in wrongful death case to
- Florida Fourth DCA rules that medical negligence plaintiff should have been allowed to amend admission to correct legal error ma
- Florida Fourth DCA affirms summary judgment for defense in premises liability case, finds that inferred facts cannot rely on ear
- Florida Fourth DCA rules that accident reconstruction testimony was admissible under Daubert standard for admissibility of exper
- Third DCA affirms trial court's summary judgment for defendant in premises liability case based on lack of evidence that defenda
- Florida Second DCA rules that trial court must make factual findings regarding medical negligence plaintiff's compliance with pr
- Florida Supreme Court resolves circuit conflict, rules that Florida's comparative fault statute does not apply to Engle progeny
- Florida Third DCA rules that Fla.R.Civ.P. 1.530 motion for rehearing permitted when plaintiff's case was dismissed under Fla.R.C
- Florida Fourth DCA rules that defendant waived right to comparative fault reduction in Engle progeny tobacco case by assuring ju
- Eleventh Circuit vacates judgment for defendants in civil rights lawsuit alleging police officer's excessive force, finds trial
- November
- Florida Second DCA reverses tobacco litigation verdict for plaintiff due to trial court's note to jury discouraging them from as
- Florida First DCA rules that subcontractor's corporate officer who elected exemption from Workers' Compensation Law was not enti
- Florida Supreme Court authorizes changes to standard civil jury instructions regarding juror regarding juror questions to witnes
- Eleventh Circuit rules that police officers were entitled to qualified immunity in civil rights lawsuit alleging excessive force
- Florida Third DCA rules that plaintiff in premises liability case failed to introduce sufficient evidence that defendant had not
- Florida First DCA rules that plaintiff's fall off of examination table was subject to ordinary negligence statute of limitations
- Florida Supreme Court rules that constitutional right to privacy can be claimed by decedent's estate; strikes statute authorizin
- Florida Fifth DCA remands for further fact finding where complaint was date stamped by court clerk after statute of limitation e
- Florida Third DCA rules that defendant's proposal for settlement was not fatally flawed by language in general release referring
- Florida Supreme Court amends standard jury instruction on wrongful death damages to clarify that survivors' pain and suffering d
- October
- Florida Fourth DCA holds that statute of limitations for legal malpractice case did not begin to run until entry of amended fina
- Florida Fourth DCA rules that proposals for settlement are not subject to the e-mail requirements of Florida Rule of Judicial Ad
- Florida Second DCA rules that bankruptcy estate trustee can pursue negligence action against debtor's attorneys even though tort
- Florida Supreme Court rules that "adverse medical incident reports" subject to disclosure to patients under Florida Constitution
- Florida Fifth DCA reverses trial court's grant of new trial to the plaintiff in slip and fall case, finds defense verdict was no
- Florida Fourth DCA rules that improperly mailed civil remedy notice to insurer did not bar subsequent bad faith claim because in
- Florida Third DCA affirms trial verdict for Engle-progeny tobacco litigation plaintiff, finds attorney's closing argument improp
- Florida Supreme Court rules that prevailing insured in homeowners' insurance case was entitled to payment of attorney's fees wit
- Eleventh Circuit affirms $6.7 million verdict for plaintiff in transvaginal mesh product liability case against manufacturer of
- Florida Fourth DCA rules that plaintiff's separate proposals for settlement to two defendants were valid even though defendants
- Florida Second DCA rules that UM insurer waived condition precedent of exhaustion of other collectible insurance when noncomplia
- Florida Second DCA reverses trial court's dismissal of civil rights complaint, finding that sovereign immunity could not be conc
- Florida First DCA affirms judgment against defendant tobacco company despite erroneous special jury instruction because jury cou
- Florida Fourth DCA affirms trial court's denial of motion to vacate arbitration award; no actual arbitrator bias shown where arb
- Eleventh Circuit concludes that corporate general liability insurance policy did not cover auto accident due to policy exclusion
- U.S. Supreme Court declines to hear appeal of Florida Supreme Court ruling that Florida constitutional provision relating to rec
- Florida Fourth DCA rules that Florida statute providing limited governmental immunity for injuries caused by inline skating in d
- Florida First DCA rules that testimony by officer on accident reconstruction was erroneously admitted because officer's findings
- Florida First DCA rules that when a lender funds a loan relying on a faulty appraisal, the statute of limitations begins to run
- Eleventh Circuit rules that prison officials could rely on fact that defendant's conviction was statutorily classified as a sex
- September
- Florida Third DCA reverses trial court's judgment for defendant on pleadings, citing contested issue as to whether whistleblower
- Florida Third DCA rules that plaintiff homeowners' claim against their insurer for breach of contract not precluded by "suppleme
- Eleventh Circuit rules that defendant school superintendent was entitled to qualified immunity for decision not to promote teach
- Florida Third DCA strikes wrongful death plaintiff's punitive damages claim based on plaintiff's failure to attach proposed amen
- Florida Third DCA affirms trial court's denial of directed verdict for defendant in asbestos mesothelioma case, finding that pre
- Florida Second DCA rules in Engle progeny tobacco case that applicable punitive damages statute relates back to class certified
- Florida Fourth DCA affirms trial court's dismissal of civil complaint for lack of prosecution, finds that 5-day statutory deadli
- Florida Second DCA reverses trial court's dismissal of odometer fraud case as spoliation sanction; auto dealer failed to establi
- Florida Fourth DCA rules that Surgeon Generals' Reports on dangers of tobacco use were hearsay not admissible as public records
- Florida Third DCA rules that default could not be entered against defendant because defendant's motion to dismiss was filed befo
- Florida Third DCA reverses trial verdict and judgment for defendant in medical negligence case, finding that jury improperly hea
- Florida Second DCA reverses award of attorney's fees to party for unsupported claim by party opponent, finding insufficient evid
- August
- Florida Fifth DCA rules in premises liability case that defendant's incident report protected from production under work product
- Florida Fourth DCA quashes trial court order granting plaintiff leave to claim punitive damages, ruling that plaintiff and trial
- Florida Fourth DCA rules that mortgage servicer did not have standing to pursue professional negligence claim against property a
- Florida Third DCA affirms summary judgment for plaintiffs against motor vehicle liability insurer, finds that insurer failed to
- Florida Second DCA holds that prevailing plaintiff in medical negligence case entitled to inclusion in cost judgment of fees of
- Florida Second DCA rules that homeowner was not required to comply with conditions precedent to filing lawsuit when homeowner's
- Florida Second DCA holds that Florida Rule of Civil Procedure 1.530(g) prevented addition of liability insurer to judgment again
- Florida Second DCA rules that trial court improperly severed the trial of plaintiff's UM case from trial of plaintiff's claims a
- Florida Fifth DCA reverses trial court's summary judgment for defendant, holds litigation privilege did not provide absolute imm
- Florida Fourth DCA reverses trial court's denial of defendant's motion to dismiss based on forum non conveniens, citing trial co
- Florida Fifth DCA reverses trial court's denial of defense motion for new trial and for set-off of collateral source payment for
- Florida Fourth DCA remands case for new trial due to trial court's erroneous exclusion of evidence, including witness statement
- Florida First DCA affirms trial court's order granting plaintiff new trial on damages where jury award was substantially below d
- Eleventh Circuit Court of Appeals affirms district court's dismissal of wrongful death claims by non-U.S. residents against esta
- July
- Florida Fourth DCA reverses trial verdict for premises liability plaintiff, finds insufficient evidence of dangerous condition a
- Eleventh Circuit reverses summary judgment for City for Doral in civil rights case involving alleged wrongful termination of pla
- Florida Fifth DCA holds that vendor's history of serving a substantial number of drinks to at-fault driver on multiple occasions
- Florida Supreme Court rules that insurer's liability policy covered defendant's liability for attorney's fee and costs awarded u
- Florida Supreme Court rules that initial tortfeasor may not seek equitable subrogation from a subsequent tortfeasor when the ini
- Eleventh Circuit Court of Appeals rules that Florida Security of Communications Act did not apply to plaintiff's recording of me
- Florida Fourth DCA rules that nursing home's arbitration agreement was not proceduraly unconscionable despite being executed 34
- Florida Fourth DCA rules that trial court erred in allowing treating physician to opine on plaintiff's ability to quit smoking a
- Florida Second DCA rules on proper division of fees between attorneys for estate and attorneys for statutory survivors in wrongf
- Eleventh Circuit rules that defendant's claim of sovereign and qualified immunity must be resolved before defendant can be requi
- Florida Third DCA denies new trial to tobacco company on defective product claim, finding no reversible error in failure to char
- Florida Third DCA finds defendant UM insurer's proposal for settlement was fatally ambiguous because of discrepancies between pr
- Eleventh Circuit Court of Appeals rules that Florida product liability case involving Class III medical device not preempted by
- June
- Florida Fourth DCA quashes trial court order allowing plaintiff to conduct post-trial juror interviews following medical neglige
- Florida Fourth DCA rules that proposal for settlement was not rendered unenforceable because it referenced but did not incorpora
- Florida Fourth DCA rules that deceased smoker's statutory survivors were not entitled to SOL tolling for Engle class members bec
- Florida Fourth DCA rules that owner sleeping in back seat of vehicle was entitled to $100,000 cap on liability under F.S. 324.02
- Florida Fourth DCA rules that limitation on attorney's fees in Claims Bill was an unconstitutional impairment of contract
- Florida Second DCA rules that podiatrist could not offer pre-suit expert opinion concerning negligence of orthopedic surgeon
- Florida First DCA rules that personal injury lawsuit against prison governed by four year SOL rather than one year SOL for lawsu
- Eleventh Circuit Court of Appeals rules that damages determination in UIM breach of contract case is not binding in bad faith ca
- Florida Fourth DCA rules that forgiveness of prior punitive damages award irrelevant to determination in subsequent action wheth
- Florida Fourth DCA reverses trial court's summary judgment for medical negligence defendant, finds that liability release execut
- Florida Fourth DCA affirms verdict for rental care company and vehicle lessee where at-fault driver determined to have operated
- Florida First DCA affirms trial court's dismissal of professional negligence complaint on statute of limitation grounds, finding
- Florida Supreme Court rules statutory caps on noneconomic damages in medical negligence cases unconstitutional
- Florida Fourth DCA reverses trial court's directed verdict and remands for new trial in case involving alleged vicarious medical
- Florida Second DCA reverses trial court's award to plaintiff of costs for video editing and expert witness fees, citing plaintif
- Florida First DCA reverses trial court's order denying motion for attorney's fees and costs due to rejected proposal for settlem
- Eleventh Circuit rules that Atlanta prosecutor not entitled to absolute prosecutorial immunity in civil rights lawsuit based on
- Eleventh Circuit affirms summary judgment for qui tam defendant, finding insufficient evidence that defendant knew it failed to
- Florida Fourth DCA rules that attorney was entitled to evidentiary hearing before trial court could compel his testimony under c
- Florida Fourth DCA applies "tipsy coachman" doctrine and finds no error in trial court's admission of evidence on improper basis
- May
- Florida Fifth DCA rules that assumption of risk doctrine applies only in cases involving contact sports or express contracts not
- Florida Fifth DCA remands nursing home negligence case for new trial based on inconsistency of liability verdict with small amou
- Florida Fifth DCA orders new trial on punitive damages in wrongful death case because of trial court's failure to give standard
- Florida Fourth DCA reverses trial court, rules that plaintiff entitled to determination of whether PIP insurer underpaid medical
- Florida Fourth DCA affirms trial court's dismissal of personal injury lawsuit for fraud upon the court in failing to disclose pr
- Florida Fourth DCA affirms summary judgment for defendant company on the basis that work injury to "borrowed employee" was subje
- Florida Second DCA rules that proposal for settlement provisions applied to styled declaratory judgment action which sought dama
- Florida First DCA rules that proposal for settlement need not include provisions regarding attorney's fees and punitive damages
- Eleventh Circuit Court of Appeals rejects challenge to constitutionality of giving preclusive effect to Engle findings as to neg
- Florida Third DCA reverses summary judgment in legal malpractice case, finding disputed issues of material fact existed as to wh
- Eleventh Circuit affirms trial court's summary judgment for correctional center in Section 1983 civil rights case, finding no de
- Eleventh Circuit Court of Appeals rules in Section 1983 civil rights case that defense's police-practices expert could testify a
- Florida Fifth DCA rules that Florida's dangerous instrumentality doctrine applies to case involving car accident in South Caroli
- Florida Second DCA reverses trial court's dismissal of plaintiff's claim, ruling plaintiff's alleged fraud upon the trial court
- Florida Fourth DCA reverses summary judgment in favor of brokerage firm, rules that material issue of fact exists with respect t
- Eleventh Circuit Court of Appeals affirms trial court's approval of government's settlement agreement with False Claims Act qui
- April
- Florida Fifth DCA reverses trial court's abatement of declaratory judgment action against insurer pending conclusion of premises
- Florida Third DCA affirms trial court's denial of defendant's motion to dismiss product liability claim on forum non conveniens
- Florida First DCA rules that date of mailing of statutory notice of intent to initiate medical negligence litigation determines
- Eleventh Circuit Court of Appeals rules that Alabama law imposes a duty on employers to protect employees' families from "take-h
- Florida Second DCA reverses trial court's summary judgment for defendant utility company in case alleging negligent failure to r
- Florida Second DCA reverses trial court's summary judgment in abuse of process case against law firm, holds that defendant's lit
- Florida Fifth DCA holds that trial court erred in denying defendant's motion for post-trial interview of juror who allegedly lie
- Florida Third DCA holds that trial court erred in refusing to allow plaintiff to make a second amendment to complaint
- Florida Second DCA rules that Engle progeny tobacco case was based on an intentional tort by tobacco company and therefore not s
- Florida Supreme Court holds that attorney-client privilege protects a party from being required to disclose that his or her atto
- Florida Third DCA quashes trial court order compelling defendant hotel's third party guest survey service from providing names a
- Florida Second DCA finds reversible error in trial court's exclusion of plaintiff's hearsay admission to paramedic at scene conc
- Florida First DCA affirms summary judgment in premises liability case where plaintiff observed dangerous condition and chose not
- Florida Supreme Court rules that federal law does not implicitly preempt state law tort claims of strict liability and negligenc
- Florida Fourth DCA grants certiorari review and quashes trial court order granting plaintiff's motion to amend business tort com
- Florida Second DCA reverses trial court's entry of summary judgment for premise liability defendants, finding disputed issue of
- Eleventh Circuit Court of Appeals vacates summary judgment granted to defendant law enforcement officer on plaintiff's excessive
- March
- Florida Fourth DCA holds that defendant's Proposal for Settlement was enforceable despite use of broader language in Releases re
- Florida Fourth DCA reverses trial court's dismissal of complaint in personal injury lawsuit on statute of limitations grounds
- Eleventh Circuit Court of Appeals rules that trial court did not err in finding inconsistent verdict during middle of clerk's pr
- Florida Fourth DCA rules that third-party defendant voluntarily dismissed from action could not be added as defendant after expi
- Florida Second DCA rules that Medicaid lien for past medical expenses does not extend to amount of personal injury settlement al
- Florida Fifth DCA reverses trial court's entry of summary judgment for premise liability defendants based on obvious danger doct
- Florida Third DCA reverses trial court's holding that proposal for settlement was fatally ambiguous because it did not clearly i
- Florida First DCA rules that trial court committed error by allowing questioning as to how many of witness' previous felony conv
- Florida First DCA reverses trial court's directed verdict on amount of past medical expenses in case involving medical treatment
- Eleventh Circuit Court of Appeals reverses summary judgment for defendants, finding lack of complete diversity due to citizenshi
- Florida Fourth DCA rules that spouse must be married to the decedent before the date of injury to recover damages for loss of co
- Florida Third DCA reverses trial court's denial of summary judgment for defendant insurer, finding that policy was an "excess po
- Florida First DCA affirms judgment in Engle progeny case, rejects defendant's claims of error due to juror misconduct in failing
- Florida First DCA reverses judgment in Engle progeny tobacco case and orders retrial based on improper closing argument by plain
- Florida First DCA rules that dangerous instrumentality doctrine did not extend liability to decedent's estate based on implied c
- Florida Fourth DCA affirms trial court's denial of defendant's motion to compel arbitration based on "browsewrap" link to arbitr
- Florida Third DCA rules that service of proposal for settlement must comply with the email service requirement of Florida Rule o
- Florida Third DCA dismisses interlocutory appeal of order denying summary judgment because trial court did not determine "as a m
- Florida Third DCA reverses trial court ruling that 2012 PIP Act provision denying chiropractors the right to certify emergency m
- Florida Second DCA rules that notice requirements of Fla. Stat. 48.161(1 apply to substitute service on LLC under Fla. Stat. 605
- Florida Second DCA holds that discovery permitted under arbitration agreement need not mirror discovery permitted under Florida
- Florida Second DCA rules that plaintiff was barred from asserting a parallel state law claim against manufacturer of medical dev
- February
- Florida Second DCA rules that a new lawsuit need not be filed against FIGA when an insurer is declared insolvent during a first
- Florida Supreme Court rules that pre-litigation discovery by a PIP insurer under Fla. Stat. Section 627.736 is limited to produc
- Florida Supreme Court declines to adopt legislative amendment narrowing class of qualifying experts in medical negligence cases
- Florida Supreme Court declines to adopt legislative amendment incorporating Daubert standard for expert testimony
- Restoration Hardware recalls over 2,000 metal top dining tables due to risk of lead exposure to children
- Britax recalls over 600,000 baby strollers due to 33 reports of car seats disconnecting from the strollers and falling to the gr
- Fifth District Court of Appeal articulates standards for resolution of motions to amend complaint to add punitive damages claim
- Fifth District Court of Appeal rules that special SOL for actions against insolvent insurers and FIGA do not apply to actions fi
- Fifth District Court of Appeal reverses trial court's finding that party was entitled to attorney's fees despite their failure t
- Fourth District Court of Appeal reverses trial verdict against insurer in first party property insurance case because of plainti
- Second District Court of Appeal reverses trial court's dismissal of premises liability lawsuit on res judicata grounds
- Second District Court of Appeal reverses trial court's award of fees and costs, holds that proposal for settlement was fatally f
- First District Court of Appeal reverses trial court's entry of declaratory judgment that insurance coverage existed due to opera
- Hyundai recalls certain 2017 model year Elantra vehicles for replacement of brake system booster
- GM recalls certain Pontiac Solstice and Saturn Sky vehicles because front passenger air bag may not deploy
- Walt Disney Parks and Resorts recalls Mickey Mouse Nightlights and Infant Hoodie Sweatshirts due to hazards
- Fourth District Court of Appeal reverses trial court's summary judgment in favor of defendant in personal injury case involving
- Fifth District Court of Appeal denies defendant's petition for writ of certiorari to quash order granting medical negligence pla
- Third District Court of Appeal affirms summary judgment in favor of hospital in visitor slip and fall case
- Second District Court of Appeal reverses trial court's dismissal of plaintiff's complaint against City of Tampa for alleged fail
- Second District Court of Appeal reverses court order compelling arbitration of medical negligence claims
- Florida Supreme Court rules that state constitution provision guaranteeing access to records relating to adverse medical inciden
- Florida Supreme Court rules that limitation on attorney's fees in Claims Bill was an unconstitutional impairment of contract
- Eleventh Circuit Court of Appeals rules that County cannot unilaterally settle wrongful death claim that exposes excess insuranc
- Fourth DCA reverses circuit's court dismissal of legal malpractice claim and rejects court's finding that the claim was prematur
- Third DCA rules that defendant was not on constructive notice of soup spill causing slip and fall at bank building
- Florida Supreme Court rules that statutory presumption regarding foreign bodies unintentionally left in surgical patients applie
- January
- Eleventh Circuit Court of Appeals rules that stranger-originated life insurance is incontestable two years after issuance date
- Fifth District Court of Appeal reverses a judgment in favor of medical negligence plaintiff and remands for new trial because of
- Fourth District Court of Appeal reverses trial court's finding that party's proposal for settlement was ambiguous and unenforcea
- Fourth District Court of Appeal holds that insurer did not exercise bad faith in failing to settle claim because the insurer's a
- Fourth DCA rules that unlicensed engineer intern not properly subject to claim for professional negligence
- Fourth DCA rules that failure to state whether attorney's fee were part of claim in proposal for settlement did not make proposa
- Fourth DCA reverses Engle progeny tobacco case award based on trial court's failure to reduce the jury's compensatory damages by
- Third DCA rules that trial court erred in admitting evidence of intoxication of at fault driver in compensatory phase of UM tria
- December
- 2016
- December
- Fourth District Court of Appeal denies defendant's motion to dismiss complaint for plaintiff's alleged failure to follow medical
- Third District Court of Appeal reverses trial court's denial of Engle progeny plaintiff's motion to amend complaint against toba
- Florida Supreme Court finds medical malpractice arbitration agreement void as against public policy
- First District Court of Appeal rules that Medicaid lien for past medical expenses extends to amount of personal injury settlemen
- First District Court of Appeal rules that Medicaid lien for past medical expenses extends to amount of personal injury settlemen
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- Medtronic Recalls Neurovascular Products due to Potential Separation and Detachment of Polytetrafluoroethylene (PTFE) Coating
- December
- 2019
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