Liability

• Article: Reversible Error to Exclude Statements Made By Plaintiff to EMT at Accident Scene Because Statements Admissible as Admissions Against Interest
  Date: April 07, 2017
• Article: New Trial on Non- Economic Damages Appropriate Remedy Based on Rejected Remittitur Reducing Excessive Jury Award for Future Pain and Suffering
  Date: March 31, 2017
• Article: Limited Documentary Record Before Trial Court Held Insufficient to Justify Dismissal as Appropriate Remedy for Plaintiff's Conduct
  Date: March 15, 2017
• Article: Workers' Compensation Immunity- Contractor Immune from Suit By Employee of Help Supply Services Company- Deposition Testimony Properly Excluded When Party Against Whom Testimony Offered Not Present or Represented at Deposition
  Date: March 15, 2017
• Article: Administrative Law Judge Erred in Not Reducing Amount of Medicaid Lien to Amount of Settlement Allocable to Past Medical Expenses
  Date: March 10, 2017
• Article: Obvious Danger Doctrine Does Not Discharge Owner's Duty to Maintain Premises
  Date: March 03, 2017
• Article: Petitioner Not Entitled to Certiorari Relief on Grounds Not Raised Before Trial Court
  Date: February 03, 2017
• Article: Agreement to Arbitrate Medical Malpractice Claims Unenforceable If Only Some Provisions of Medical Malpractice Act Incorporated
  Date: February 01, 2017
• Article: Identity of Street Name Satisfies § 768.28, Fla. Stat. "Written Notification" Requirement for Waiver of Sovereign Immunity
  Date: February 01, 2017
• Article: Florida Supreme Court Rules Allstate Policy Provided Sufficient Notice to Insureds of Allstate's Election to Limit Reimbursements to Healthcare Providers by Utilizing Fee Schedules Authorized in Florida Motor Vehicle No-Fault Law
  Date: January 26, 2017
• Article: Constructive Notice of Dangerous Condition Not Established Due to Impermissible Stacking of Inferences
  Date: January 25, 2017
• Article: Federal Law Requires Redaction of Identifying Information for Domestic and Foreign Adverse Events Involving Medical Devices
  Date: January 25, 2017
• Article: Petition for Writ of Certiorari Not Appropriate Vehicle to Stop Post- Verdict Juror Interviews Absent Demonstration of Irreparable Harm to Petitioner
  Date: January 19, 2017
• Article: Where Language in Insurance Contract Is Plain and Unambiguous, Policy Must Be Interpreted as Written in Accordance With Plain Meaning of Language
  Date: January 18, 2017
• Article: Insurer Entitled to Directed Verdict on Insured's Bad Faith Claim Where Evidence Showed Insurer Unconditionally Tendered Policy Limits to Decedent's Estate Nine Days After Accident
  Date: January 04, 2017
• Article: Proposal for Settlement Not Automatically Invalid or Ambiguous When It Uses the Word "Claims" Instead of "Damages" and Fails to State Whether Attorney's Fees Are Part of the Legal Claim Where Complaint Does Not Request Attorney's Fees
  Date: January 04, 2017
• Article: Trial Court Erred in Admitting Evidence and Argument Regarding Uninsured Motorist's Intoxication at Time of Accident During Compensatory Phase of Trial Where Defendant's Had Admitted Negligence and Trial Court Had Bifurcated Compensatory and Punitive Damages Claims
  Date: January 04, 2017
• Article: Hearing Required for Punitive Damages Amendment
  Date: December 30, 2016
• Article: Trial Court Did Not Depart From Essential Requirements of Law By Denying Defendants' Motion to Dismiss Plaintiff's Complaint Based on Defendants' Claim That Plaintiff Failed to Comply With Medical Malpractice Presuit Requirement
  Date: December 21, 2016
• Article: Mechanical Loader Which Did Not Transport Persons on State Roads Not a Dangerous Instrumentality
  Date: December 14, 2016
• Article: Medicaid Recipient Must Reimburse Medicaid for It's "Total" Lien
  Date: December 12, 2016
• Article: Directed Verdict on Issues of Future Medical Expenses, Past Lost Wages and Future Loss of Earning Capacity Proper Where Evidence Does Not Establish Such Within Reasonable Certainty
  Date: November 18, 2016
• Article: Error to Enter Summary Judgement in Favor of Defendant Employer Based Upon Workers' Compensation Immunity When Question of Fact Remained as to Whether Defendant Was Estopped From Claiming Immunity After Serving an Ambiguous Notice of Denial of Workers' Compensation Benefits
  Date: November 16, 2016
• Article: Florida's Impact Rule Precludes Recovery of Non-Economic Damages for Emotional Distress Arising Out of Claims of Negligent Hiring, Retention, or Supervision
  Date: November 09, 2016
• Article: No Sovereign Immunity for Individual Acting Outside the Scope of Employment- Individual Voluntarily Undertaking Responsibility Creates Duty Pursuant to "Undertaker's Doctrine"
  Date: November 09, 2016
• Article: Plaintiff's Proposals for Settlement Were Sufficiently Free of Ambiguity to Entitle Plaintiff to Attorney's Fees After Obtaining Favorable Judgement
  Date: November 03, 2016
• Article: In a Case of First Impression in Florida, 4th DCA Rules Juror Misconduct Arising From Use of Social Media During Trial Insufficiently Prejudicial to Require New Trial- Same Juror's Failure to Disclose Involvement in Accident One Week Before Trial Immaterial and Therefore Not Basis for New Trial
  Date: October 05, 2016
• Article: 3d DCA Declines Second- Tier Certiorari Review of Contractual Question Regarding Allstate's PIP Policy Language
  Date: September 28, 2016
• Article: Intended Third Party Beneficiary Not Bound By Arbitration Provisions Found in Nursing Home Contract When Third- Party Beneficiary A Non- Signatory to Agreement
  Date: September 22, 2016
• Article: Circuit Court Departed From Clearly Established Principles of Law When It Held That Insurer Was Precluded From Engaging in Discovery Contesting Reasonableness of Bill Amount Even Though Insurance Policy Did Not Clearly Elect Statutory Fee Schedule Limitations
  Date: September 16, 2016
• Article: Trial Court Must Consider Six Factors Set Out in Kozel v. Ostendorf Before Dismissing Plaintiff's Case for Failure to Comply With Pre- Trial Order
  Date: September 14, 2016
• Article: Reduction of Excessive Jury Verdict- Improper Closing Argument
  Date: September 07, 2016
• Article: Rescission of Homeowner's Insurance Insurance Policy Affirmed Where Insured Made Material Misrepresentations on Insurance Application
  Date: September 07, 2016
• Article: Testimony of Party Constituted Credible Evidence to Rebut Presumption of Negligence of Rear Driver in Rear-End Collision
  Date: September 07, 2016
• Article: Trial Court Appropriately Limited Recovery of PIP Benefits to $2500 as Insured Failed to Respond to Insurers Inquiry About Insured's Medical Condition
  Date: August 31, 2016
• Article: Trial Court Erred in Failing to Set Off Full Amount of Plaintiff's Paid PIP Benefits Where Jury's Verdict Awarded Partial Amount of Plaintiff's Claimed Past Medical Expenses.
  Date: August 31, 2016
• Article: Trial Court Should Not Have Compelled Arbitration in Lawsuit Against Assisted Living Facility Where Agreement With Facility Was Void as Against Public Policy
  Date: August 29, 2016
• Article: Summary Judgment Proper Where Hospital Complied With Requirements of Notice Statute, Did Not Control Physicians' Activities and Properly Delegated Duty of Performance to University
  Date: August 24, 2016
• Article: Permanent Improvement to Real Property Not a Product for Purposes of Strict Product Liability
  Date: August 22, 2016
• Article: Appeal of Order Adjudicating Claim That Auto Policy Provided Stacking Uninsured Motorist Coverage Premature
  Date: August 17, 2016
• Article: Insureds Entitled to Conditional Award of Appellate Attorney's Fees in Certiorari Proceeding
  Date: August 17, 2016
• Article: Summary Judgment in Slip and Fall Action Reversed as Factual Issue Present Regarding Length of Time Leak Existed
  Date: August 17, 2016
• Article: Trial Court Abused Discretion in Denying Insurer's Motion for Remittitur of Damages for Lost Past Earnings and Loss of Future Earning Capacity Where Such Damages Were Based on Speculative Testimony
  Date: August 12, 2016
• Article: Appeal From Judgment Finding Entitlement to UM Coverage Dismissed for Lack of Jurisdiction in View of Pending Separate Trial on Liability and Damages Against Driver
  Date: August 11, 2016
• Article: Agreement to Arbitrate Medical Malpractice Claim Waived Presuit Notice and Investigation Requirements
  Date: July 27, 2016
• Article: Court May Order New Trial When Verdict Against Manifest Weight of the Evdience
  Date: July 27, 2016
• Article: Accident Reconstructionist Testimony Regarding Delta- V Calculation in Auto Accident Admissible and Defense Permitted to Comment on Correlation Between the Calculation and Plaintiff's Claimed Injuries
  Date: July 25, 2016
• Article: Medicaid Third- Party Liability Act Is Not Preempted By Anti-Lien Provision of Federal Medicaid Law in Wrongful Death Action
  Date: July 20, 2016
• Article: When Plaintiff Decided to Seek Attorney Advice Discoverable in Medical Malpractice Action- Historical Medical Records Not Protected By Privacy
  Date: July 20, 2016
• Article: Order That Denies Summary Judgment Which Does Not Determine as Matter of Law Whether Summary Judgment Is Improper Is Not Appealable
  Date: July 15, 2016
• Article: No Error to Award Attorney's Fees Against Plaintiff's Counsel Who Failed to Comply With Reasonable Presuit Investigation Requirements
  Date: July 06, 2016
• Article: Plaintiff May Amend Complaint if Theory Is Not Contradicted by Prior Testimony
  Date: June 29, 2016
• Article: Presuit Settlement Involving Minors Totaling $50,000 or More Required Appointment of Guardian Ad Litem to Represent Children's Interests
  Date: June 22, 2016
• Article: Trial Court Properly Compelled Medical Malpractice Plaintiff to Answer Questions About What Attorneys She Contacted and When She First Contacted Them as Those Questions Did Not Disclose Protected Attorney- Client Communications
  Date: June 22, 2016
• Article: Trial Court Erred in Directing Verdict on Issue of Permanency
  Date: June 10, 2016
• Article: Fla. Stat. § 395.1041 Does Not Obligate A Hospital to Transfer Patient to Another Hospital
  Date: June 08, 2016
• Article: Proposal for Settlement Purporting to Impose Liability for Other Claims of Third Parties on Plaintiff and Plaintiff's Counsel Invalid
  Date: June 08, 2016
• Article: Summary Judgment for Defendant Improper When Plaintiffs Filed Depositions of Witness That Showed Defendant Had Actual or Constructive Knowledge of Dangerous Conditions
  Date: June 08, 2016
• Article: Uninsured Motorist Coverage Unavailable for Insured While Driving Another Person's Vehicle With Owner's Permission- Vehicle Insured Under Liability Portion of Insured's Policy
  Date: June 03, 2016
• Article: Error to Apply Multiplier to Award of Attorney's Fees
  Date: June 01, 2016
• Article: Filing Motion For Enlargement of Time Does Not Toll Time to Accept Proposal For Settlement
  Date: May 20, 2016
• Article: Trial Court Properly Determined That Person Injured in Same Accident Not Indispensable Party to Auto Negligence Personal Injury Suit
  Date: May 18, 2016
• Article: Circumstantial Evidence May Be Used to Establish a Fact but Further Inferences Can Only Be Stacked Upon It After All Other Reasonable Inferences Have Been Excluded
  Date: May 11, 2016
• Article: Defendant's Amendment to Add Affirmative Defenses During Pendency of Proposal for Settlement Did Not Render Proposal Moot
  Date: May 11, 2016
• Article: Pharmacist Owes Duty Not to Fill Unreasonable Prescription- No Private Cause of Action Exists for Pharmacist Being Unlicensed
  Date: May 11, 2016
• Article: Municipality's Action in Designing and Planting a Landscaped "Bulb-Out" Adjacent to Intersection Held a Planning Level Function Protected Under Doctrine of Sovereign Immunity- Municipality's Failure to Maintain Landscaped Bulb- Out Which Created Visual Obstruction Causing Collision Between Truck and Motorized Skateboard Held an Operational Level Function Not Protected Under Doctrine of Sovereign Immunity
  Date: May 04, 2016
• Article: Punitive Damages Award in the Amount of 100% of Defendant's Net Worth Found to Be So Excessive as to Be Unconstitutional
  Date: May 04, 2016
• Article: Summary Judgment in Favor of Landowner in Premises Liability Case Improper When Genuine Issues of Material Fact Remain as to Constructive Knowledge and Duty to Maintain
  Date: May 04, 2016
• Article: Expert Biomechanical Engineer and Medical Doctor Should Have Been Allowed to Render Causation Opinions based on Biomechanical Force Analysis
  Date: May 03, 2016
• Article: Failure to Disclose Expert's Qualifications During Pre-Suit Warrants Dismissal
  Date: April 27, 2016
• Article: Physician's Assistant Not Qualified to Give Expert Opinion on Plaintiff's Need for Surgery
  Date: April 22, 2016
• Article: Trial Court Complied With Procedural Requirements of § 768.72 in Granting Motion for Leave to Amend Complaint to Assert Claim for Punitive Damages
  Date: April 13, 2016
• Article: No Duty to Indemnify Other Party for Its Own Negligence Unless There Is Clear and Unequivocal Language Requiring Such Indemnity
  Date: March 31, 2016
• Article: Party Seeking or Opposing Motion for Summary Judgment Must "Specifically" Identify Evidence Upon Which It Intends to Rely
  Date: March 30, 2016
• Article: Policy Endorsement Gave Insureds and Medical Providers Legally Sufficient Notice of Election to Use Medicare Fee Schedules
  Date: March 30, 2016
• Article: Appeal From Order Vacating Default and Default Final Judgment as to Liability Dismissed for Lack of Jurisdiction
  Date: March 24, 2016
• Article: Heathcare System Not Immune From Tort Liability in Action Against It by Contracted Cleaning Service's Employee
  Date: March 24, 2016
• Article: Insurer's Attorney's Billing Records Relevant to Plaintiff's Claim for Attorney's Fees in Bad Faith Action
  Date: March 24, 2016
• Article: Improper Closing Argument Did Not Warrant New Trial
  Date: March 23, 2016
• Article: Successive Written Motions for New Trial Impermissible After Trial Court Denied Prior Ore Tenus Motion
  Date: March 23, 2016
• Article: Trial Court Did Not Err in Entering Judgment for Defendants on Basis That Defendants Did Not Owe A Duty to Decedent, an Employee of an Independent Contractor Hired to Paint Warehouse Roof
  Date: March 23, 2016
• Article: Trial Court Permitted to Grant Extension of Time for Plaintiff to Effect Service of Process After 120 Days Even Without Showing of Good Cause by Plaintiff
  Date: March 23, 2016
• Article: Subcontractor and Agent May Claim Horizontal Workers' Compensation Immunity for Workplace Injury to Employee of Other Subcontractor Engaged on Same Project
  Date: March 20, 2016
• Article: Error to Deny Motion to Compel Arbitration
  Date: March 11, 2016
• Article: Order Compelling Arbitration Reversed as Arbitration Agreement Violated Public Policy- Conflict Certified
  Date: March 04, 2016
• Article: Summary Judgment on Basis That Counts Barred by Medical Malpractice Statute of Limitations Improper When Factual Issue Existed as to Whether Injury Resulted from Decision Involving Medical Skill or Judgment
  Date: February 19, 2016
• Article: Proceeds Received in Wrongful Death Settlement May Not Be Allocated Among Survivors Before Agency for Healthcare Administration Lien Satisfied
  Date: February 17, 2016
• Article: Timing and Calculation of Interest on Post- Trial Judgment
  Date: February 12, 2016
• Article: Summary Judgment Finding Coverage for Premises Owner and County Under Commercial General Liability Policy Proper Where Evidence Reflects They Were Additional Insureds
  Date: February 10, 2016
• Article: Insurer's Claims File Not Discoverable in Bad Faith Action Prior to Determination of Coverage
  Date: February 05, 2016
• Article: 3d DCA Clarifies Procedure for Discovery of Incident Reports in Slip and Fall Cases
  Date: February 03, 2016
• Article: Improper to Permit Discovery of Insurer's Claim Files When Coverage Still in Dispute
  Date: January 27, 2016
• Article: Proposal for Settlement Is Valid Only if There Is Strict Compliance with the Statute and Rule
  Date: January 15, 2016
• Article: Trial Court's Order Allowing Insured to Amend UM Complaint Adding First-Party Bad Faith Claim Did Not Depart from Essential Requirements of Law- Insured Not Required to File Separate Bad Faith Lawsuit
  Date: January 13, 2016
• Article: Error to Enter Directed Verdict in Negligence Case Where Conflicting Evidence Existed Regarding Causation
  Date: January 06, 2016
• Article: Order Compelling Production of Non-Party Insurer's Claim File Departed from Essential Requirements of Law as Insurer Not Served with Subpoena
  Date: January 06, 2016
• Article: Award of Additur Improper as Trial Court Cannot Sit as "Seventh Juror"
  Date: December 30, 2015
• Article: Summary Judgment in Favor of Defendants Proper Where Evidence Supported Argument that Decedent Was Sole Proximate Cause of Accident
  Date: December 02, 2015
• Article: Insurer's Timely Tender of Policy Limits Within Safe Harbor Provision Barred Action Against Insurer for Bad Faith Failure to Pay Its Policy Limits But Did Not Bar Action for Bad Faith Regarding Offer to Arbitrate Which Entailed Admitting Liability With No Limit of General Damages
  Date: December 01, 2015
• Article: Trial Court Abused Discretion in Excluding Testimony of Expert Biomedical Engineer in Auto Accident Case
  Date: December 01, 2015
• Article: Error for Trial Court to Grant Additur Without Providing Explanation and Clear Abuse of Discretion if Conflicting Evidence Does Not Justify Granting Additur
  Date: November 25, 2015
• Article: Trial Court Acts as "Appellate" Court Per General Magistrate's Recommendation
  Date: November 25, 2015
• Article: Party Cannot Claim to Be Prevailing Party When It Receives Opposite Relief Than Requested in It's Declaratory Action
  Date: September 16, 2015
• Article: Party May Obtain Privileged Discovery Only Upon Showing of Undue Hardship in Obtaining Substantial Equivalent
  Date: September 16, 2015
• Article: Remittitur Reversed Since Court Failed to Identify Necessary Findings and Conclusions to Support Reduction of Jury's Award
  Date: September 15, 2015
• Article: Improper to Join Insurer in Action Against Its Insured
  Date: September 09, 2015
• Article: Inconsistent Expert Interrogatory Answers and Expert Deposition Testimony Did Not Warrant Unusual or Compelling Circumstances to Warrant Extensive Financial Discovery Permitted By Trial Court
  Date: September 09, 2015
• Article: Independent Medical Examination of Defendant Must Be Conducted in Defendant's State of Residence
  Date: September 09, 2015
• Article: Trial Court Erred in Disallowing Subpoenas to Medical Billing Entities Where There Was Potential Evidence of Billing Fraud
  Date: September 09, 2015
• Article: Proposal for Settlement Enforceable
  Date: September 04, 2015
• Article: Trial Court's Ruling Which Overruled Geico's Objections Based on Work Product and Attorney- Client Privilege Quashed
  Date: September 04, 2015
• Article: Belated Appeal of Trial Court Order Only Available in Criminal Cases
  Date: September 02, 2015
• Article: Defendant Entitled to Attorney's Fees and Costs as Offer of Judgment Made in Good Faith
  Date: September 02, 2015
• Article: Order on Motion to Enforce § 766.207 (7) Fla. Stat.
  Date: September 01, 2015
• Article: Death of Escaped Psychiatric Patient Deemed to Have Arisen Out of Provision of Medical Services
  Date: August 28, 2015
• Article: Summary Judgment Improper Where Defendant Failed to Present Any Evidence That It Was A Statutory Employer Entitled to Workers' Compensation Immunity
  Date: August 26, 2015
• Article: Trial Court Erred in Denying Defendant's Motion for New Trial Where Plaintiff Violated the Pretrial "One Expert Per Specialty" Rule By Calling Four Treating Pathologists to Testify While Defendant Limited to One Pathology Expert
  Date: August 26, 2015
• Article: Partial Final Judgment Ruling Only on Insurer's Duty to Defend and Not Adjudicating Insurer's Duty to Indemnify Is Not a Final Appealable Order nor an Appealable Non- Final Order
  Date: July 24, 2015
• Article: External Peer Review Reports of Co-Defendant Physician Not Discoverable as Adverse Incident Reports Under Amendment 7
  Date: July 10, 2015
• Article: Trial Court Ordered to Amend Final Judgment to Reflect Vehicle Owner's $600,000 Limitation of Liability
  Date: July 02, 2015
• Article: Certiorari Can Be Used to Obtain Immediate Review of Discovery Orders That Compel Disclosure of Privileged Information
  Date: June 26, 2015
• Article: Trial Court Order Declaring Florida Workers' Compensation Act Unconstitutional Reversed on Appeal
  Date: June 24, 2015
• Article: Improper to Order Production of Confidential Contracts Between Health Care Providers and Health Insurance Entities
  Date: June 22, 2015
• Article: Appointment as Emergency Temporary Guardian (ETG) Does Not Create Legal Duty to Incapacitated Patient or Impute Guardian's Knowledge to Incapacitated Patient
  Date: June 17, 2015
• Article: Appropriate for Defendant University and Its Attorneys to Engage in Ex Parte Communications with Plaintiff's Treating Physician as He Was Employee of University
  Date: June 17, 2015
• Article: Error to Grant Summary Judgment Under Application of One State's Choice of Law When Issue of Fact Remains Regarding Whether Choice of Law Provision Is Contained in Policy
  Date: June 17, 2015
• Article: Insurer Obligated to Defend Claim Despite Uncertainty Regarding Existence of Coverage
  Date: June 10, 2015
• Article: Judgment Based on Collateral Estoppel Reversed as Underlying Judgment Upon Which Collateral Estoppel Based No Longer Final
  Date: May 22, 2015
• Article: Partial Summary Judgment for Insurer on Late Notice Issue Improper Where Insured Presented Evidence of Inability to Detect Damage Caused by Hurricane Any Earlier Than Date Notice Provided
  Date: May 20, 2015
• Article: Plaintiff Entitled to Evidentiary Hearing When Defendant Challenges Venue
  Date: May 20, 2015
• Article: Post- Trial Juror Interview Proper Where Juror Withheld Material Information
  Date: May 20, 2015
• Article: Summary Judgment Based on Statute of Limitations Improper When Amending Complaint to Substitute Properly Named Corporate Defendant Simply to Correct Misnomer
  Date: May 01, 2015
• Article: Party Must Meet Burden of Shelton v. American Motors Corp. in Order to Justify Taking Deposition of Opposing Attorney Even If Attorney Is In-House Counsel Not Listed as Counsel of Record
  Date: April 29, 2015
• Article: Trial Court's Order Compelling Defense Expert to Disclose Financial and Business Records Exceeded Permissible Scope of Expert Discovery
  Date: April 29, 2015
• Article: Defendant's Proposal for Settlement Complied With Requirements for Award of Costs and Attorney's Fees
  Date: April 09, 2015
• Article: Plaintiff's Claim for Fraudulent Concealment By Defendant of Sexually Transmitted Disease Improper Where Evidence Showed Defendant Reasonably Relied Upon Negative Test Provided By Physician
  Date: April 02, 2015
• Article: Proposal for Settlement Void and Unenforceable as Overly Broad and Ambiguous
  Date: March 06, 2015
• Article: Trial Court Departed from Essential Requirements of Law By Ruling That Defendant Could Depose Plaintiff's Retained, Non- Testifying Expert
  Date: February 27, 2015
• Article: Proper to Vacate Ex Parte Default When Plaintiff Aware Opposing Party Represented and Intended to Defend on Merits
  Date: February 04, 2015
• Article: Zero Damages Verdict Acceptable Despite Past Medical Expenses If There Are Conflicting Expert Medical Opinions on Causation
  Date: January 16, 2015
• Article: Coverage Issue Must Be Severed From Negligence Claim
  Date: January 07, 2015
• Article: Financial Information Not Discoverable Until Punitive Damage Claim Is Ripe
  Date: January 07, 2015
• Article: Plaintiff's Status as Trespasser Relevant in Negligent Security Claim
  Date: January 07, 2015
• Article: Slavin Doctrine Protects Contractor from Liability Where Defect Patent and Project Has Been Accepted
  Date: January 07, 2015
• Article: Granting Summary Judgment for Defendants Who Did Not Have Control or Possession over Warehouse Proper
  Date: January 02, 2015
• Article: Verdict Not Inadequate as Matter of Law When Jury Finds Plaintiff Has Suffered Permanent Injury But Does Not Award Future Intangible Damages
  Date: December 31, 2014
• Article: Summary Judgment Improper Where Genuine Issue of Fact Exists as to Cause of Trip and Fall
  Date: December 19, 2014
• Article: Adult Child of Murdered Woman May Pursue Wrongful Death Claim Against Stepfather Who Murdered Her Mother
  Date: December 17, 2014
• Article: Notice of Intent Tolls Statute of Limitations as to Defendants Known to Claimant but Who Have Not Yet Been Served
  Date: December 17, 2014
• Article: Trial Court Order Granting New Trial As To Past Noneconomic Damages Only Affirmed on Appeal Where Issue Regarding New Trial on Liability Not Preserved for Appellate Review
  Date: December 12, 2014
• Article: Permissable For Defense Attorneys to Have Conducted Ex Parte Communication With Treating Physician
  Date: December 10, 2014
• Article: Showing of Bad Faith Required Before PIP Insurer Can Be Held Liable for Benefits in Excess of $10,000 Policy Limits
  Date: December 10, 2014
• Article: Proper to Use Video Depostion Excerpts of Adverse Party During Closing Argument
  Date: December 05, 2014
• Article: Trial Court Abused Discretion in Granting Defendant New Trial on Basis of Non-Disclosures By Jurors During Voir Dire
  Date: December 05, 2014
• Article: Employee's Estate Had Standing To Bring Action Against Employer Liability Insurer for Payment of Default Judgment Entered Against Employer- Workers' Compensation Exclusion In Employer Liability Policy And Election of Remedy Language Contained In Workers' Compenation Settlement Release Precluded Coverage
  Date: December 04, 2014
• Article: Order Granting Plaintiffs New Trial In Premises Liability Case Affirmed
  Date: December 03, 2014
• Article: Collateral Source Rule Does Not Allow Setoff for Unemployment Benefits
  Date: November 26, 2014
• Article: Error to Permit Officer to Testify That Defendant Violated Right- of- Way and to Allow Plaintiffs to Publish Defendant's Surveillance Interrogatory Responses
  Date: November 26, 2014
• Article: Failure to Conduct Evidentiary Hearing Sua Sponte Prior to Ruling on Motion to Dismiss Medical Malpractice Action Based on Failure to Comply With Pre-Suit Requirements Not Departure From Essential Requirements of Law
  Date: November 19, 2014
• Article: Unambiguous Language in Exclusionary Provision of Homeowners Insurance Policy Enforceable
  Date: November 14, 2014
• Article: Determination of Harmless Error In Civil Appeals Case Requires Beneficiary of Error to Prove No Reasonable Possibility That Error Contributed to Verdict
  Date: November 13, 2014
• Article: Settlement Not Reached as Acceptance Conditioned Upon Signing of Release
  Date: November 12, 2014
• Article: Error to Award § 768.79 Attorney's Fees for Claims Voluntarily Dismissed Prior to Adjudication on Merits
  Date: November 07, 2014
• Article: Closing Argument That Shifted Focus of Case From Compensating Plantiff to Punishing Defendant Improper
  Date: November 05, 2014
• Article: Summary Judgment Finding Coverage for Permissive Driver Under Umbrella Policy Improper Where Issue of Material Fact Existed as to Whether Named Insured Under Umbrella Policy, Who Was Not Named Defendant, Could Be "Legally Obligated" to Pay Damages for Accident
  Date: November 05, 2014
• Article: Defendant Who Utilizes Services of Injured Plantiff From Help Services Company Entitled to Workers' Compensation Immunity
  Date: October 29, 2014
• Article: Trial Court Erred in Ruling PIP Setoff Should Be Addressed Post Verdict and in Denying PIP Setoff Post Verdict
  Date: October 29, 2014
• Article: Medical Malpractice Arbitration Agreement Violated Public Policy
  Date: October 24, 2014
• Article: Policy Provision Excluding Family Vehicle Does Not Conflict With UM Statute
  Date: October 23, 2014
• Article: Documents From Insurers's Attorney's Litigation File in Underlying Coverage Case Privileged and Absent Exception Not Discoverable in Subsequent Bad Faith Case
  Date: October 22, 2014
• Article: Order Permitting Defendant's Expert to Inspect Decedant's Cell Phone Data From Day of Accident Proper
  Date: October 13, 2014
• Article: Evidence Insufficient to Support Finding of Outrage Against Pathologist Who Performed Autopsy
  Date: October 08, 2014
• Article: Question of Sufficient Cooperation With Terms of Homeowners Policy Precluded Summary Judgment
  Date: October 01, 2014
• Article: Summary Judgment In Favor of Defendant Based On Release Executed By Personal Representative Improper
  Date: October 01, 2014
• Article: Appellate Courts Continue to Hold Employees Unable to Meet Extremely High Burden for Overcoming Workers' Compensation Immuntity Defense
  Date: September 19, 2014
• Article: Injuries Decedent Received When Dropped On X-Ray Table Occured During Provision of Medical Services Necessitating Compliance With Presuit Requirements of Chapter 766, FLA. STAT.
  Date: September 10, 2014
• Article: Mere Technical Violation of Proposal for Settlement Rule Renders It Void
  Date: September 03, 2014
• Article: Dismissal of Complaint With Prejudice for Failing to Timely Amend Improper As Plaintiff Not Provided Proper Notice of Hearing and Trial Court Failed to Conduct Kozel Analysis
  Date: August 20, 2014
• Article: Summary Judgment for Insurer Improper After Insured Failed to Appear for IME Without Finding of Material Breach By Insured or Prejudice to Insurer
  Date: July 30, 2014
• Article: Trial Court Erred In Granting Motion for Summary Judgment Under Guise of Motion In Limine
  Date: July 30, 2014
• Article: Trial Court to Consider Evidence That Medicaid Lien Exceeds the Amount Recovered for Medical Expenses in Personal Injury Settlement
  Date: July 28, 2014
• Article: Error to Dismiss Case for Attorney's Failure to Attend Hearing
  Date: July 25, 2014
• Article: Formation of Provider/ Obstectrical Patient Relationship Triggers Obligation to Furnish Notice of Physician's Participation In NICA plan
  Date: July 25, 2014
• Article: Summary Judgment Improper Where Factual Issue Existed Whether Member of Residential Community Association Had Ownership Interest In Community Pool
  Date: July 18, 2014
• Article: Attorney's Fees as Sanction Pursuant to Statute 57.105 Affirmed But Cost Judgment Reversed
  Date: July 14, 2014
• Article: Improper for Trial Court to Require Plaintiff to Submit to a Psychological Examination Without Specifying Time, Place, Manner, Conditions, and Scope of Examination
  Date: July 11, 2014
• Article: Compulsory Physical Examination Not Appropriate When Defendant's Mental or Physical Health Not at Issue
  Date: July 09, 2014
• Article: Claim File Retains Work Product Privilege Regardless of Whether Litigation Materializes Out of Claim
  Date: July 03, 2014
• Article: Trial Court's Finding That Plaintiff's Medical Expert Not Qualified Upheld
  Date: July 02, 2014
• Article: Third Party Must Obtain Either Verdict or Settlement Prior to Seeking Declaratory Judgment
  Date: June 25, 2014
• Article: Failure to Specify Amount Allocated to Punitive Damages In Offer of Judgment Invalidates Offer and Precludes Award of Attorney's Fees
  Date: June 24, 2014
• Article: Spouse's Loss of Consortium Claim Survives Death of Injured Spouse and Dismissal of Injured Spouse's Claim
  Date: June 20, 2014
• Article: Error to Dismiss Amended Complaint Directed to Medical Providers Based on Failure to Give Timely Notice
  Date: June 18, 2014
• Article: Strict Compliance with Rule of Judicial Administration 2.516 Required for Serving Motion for Sanctions
  Date: June 11, 2014
• Article: Where Plaintiff Sues Three Individual Defendants Alleging Three Separate Injuries, Each Defendant Is Entitled to Have Plaintiff Subjected to Their Own IME
  Date: June 11, 2014
• Article: Intended Third Party Beneficiaries Bound by Arbitration Provisions in Contract with Nursing Home
  Date: June 04, 2014
• Article: Accident Scene Measurements Taken by Defendant Deemed Inadmissable
  Date: May 30, 2014
• Article: Proposal for Settlement Valid Even Though Made by One Defendant and Release Attached to PFS Encompassed All Three Defendants
  Date: May 23, 2014
• Article: Defendant Driver's Injury Deemed Discoverable in Auto Accident Case
  Date: May 21, 2014
• Article: No Setoff Exists Between Settlement Amounts Received Before Trial and Non- Economic Damages Awarded at Trial
  Date: May 21, 2014
• Article: Tenant Owed Defense and Indemnity to Landlord in Premises Liability Action Arising out of Fall on Curb
  Date: May 21, 2014
• Article: Error to Grant Summary Judgment in Favor of Hospital in Premisis Liability Action When No Record Evidence to Support Undiscovered Trespasser Defense
  Date: May 14, 2014
• Article: Summary Judgment Inappropriate Even Though Diesel Spill At Service Station Was Indisputedly "Open and Obvious"
  Date: May 05, 2014
• Article: Daubert Test Governing Admissibility of Expert Testimony Precluded "Pure Opinion" Testimony Linking Mother's Workplace Stress During Pregnancy to Premature Delivery
  Date: April 23, 2014
• Article: Error to Grant Summary Judgment in Favor of Employer When Fact Issues Remained
  Date: April 23, 2014
• Article: Nominal Proposal for Settlement Can Be Made in Good Faith If Evidence Demonstrates Reasonable Basis That Offeror's Exposure Is Nominal
  Date: April 23, 2014
• Article: Error to Grant Motion to Compel Arbitration Because Terms of Arbitration Agreement Substanially Diminished Plaintiff's Statutory Rights Under Assisted Living Facilities Act
  Date: April 02, 2014
• Article: Error to Compel Production of Draft Answers to Interrogatories Produced by Plaintiff to Her Attorney
  Date: March 28, 2014
• Article: Defendant Not Required to Forsee Specifics of Injury When "Forseeable Zone of Risk" Created
  Date: March 27, 2014
• Article: Error to Deny Motion to Continue Summary Judgment Hearing When Discovery Not Complete
  Date: March 14, 2014
• Article: Spouse With Power of Attorney Had Authority to Enter into Nursing Home Arbitration Agreement
  Date: March 14, 2014
• Article: Dismissal of Civil Claim Appropriate Based on "Stand Your Ground" Defense
  Date: March 12, 2014
• Article: Error to Enter Summary Judgment in Favor of Landlord in Malicious Prosecution Case When the Underlying Action Was Decided in Tenant's Favor
  Date: March 05, 2014
• Article: Error to Hold Defendants in Contempt, Impose Sanctions, and Permit Amendment to Add Punitive Damages Claim Without Requisite Evidentiary Basis
  Date: March 05, 2014
• Article: Law Firm's Financial Relationship With Doctor Discoverable on the Issue of Bias
  Date: March 05, 2014
• Article: Auto Insurer Has No Further Liability to Insured's Medical Providers Once PIP Benefits Exhausted
  Date: March 05, 2014
• Article: Amended Complaint Filed After Expiration of Statute of Limitations Naming a Party Who Was Previously a Third party Defendant Relates Back
  Date: February 27, 2014
• Article: Attorneys Fees and Costs Owed to Insured Pursuant to Statute 627.428 When Claim Voluntarily Paid by Insurer After Suit Filed Thereby Constituting Functional Equivalent of a Confession of Judgment
  Date: February 26, 2014
• Article: No Liability for Accident When Driver of Motor Vehicle Has Unforseeable Loss of Consciousness
  Date: February 12, 2014
• Article: Prisoner's Complaint Against Prison Guards Sufficient to Overcome Sovereign Immunity
  Date: February 07, 2014
• Article: Error to Dismiss Complaint for Fraud When Plaintiff Failed to Disclose Prior Accident in Answers to Interrogatories
  Date: February 07, 2014
• Article: Irreparable Harm to Insurer Caused by Stay of Declaratory Judgment Action
  Date: February 05, 2014
• Article: Right to Neutral Evaluation in Sinkhole Insurance Claim Is Not Waived by Participating in Litigation
  Date: January 31, 2014
• Article: In Camera Inspection Required Before Court Can Order Production of Documents Claimed to Be Attorney- Client Privileged
  Date: January 22, 2014
• Article: Injury to Second Dog Bite Victim Construed As Separate Occurrence Because of Ambiguity in Homeowner's Policy
  Date: January 17, 2014
• Article: Summary Judgment Appropriate in Premises Liability Case in Which Trip and Fall Occurred in Landscaping Area Not Designed for Use as a Walkway
  Date: January 15, 2014
• Article: Error to Admit Evidence That Witness Was Former Defendant in Suit
  Date: January 08, 2014
• Article: Appropriate to Award Fees and Costs to Insurer Based upon Rejected Proposal for Settlement
  Date: January 08, 2014
• Article: Statute of Limitations in Legal Malpractice Action Commences When Underlying Judgment Becomes Final
  Date: January 08, 2014
• Article: Error to Require Production of Billing Records in Preparation for Attorney Fee Hearing Unless Relevant and Substantial Equivalent Unobtainable From Other Source
  Date: January 08, 2014
• Article: Error to Preclude Argument in Wrongful Birth Claim That Third Trimester Abortions Illegal in Florida
  Date: January 08, 2014
• Article: Summary Judgment Reversed in Medical Malpractice Action Because Notice of Intent Seved on Radiology Group Was Imputed to Defendants in Legal Relationship With Group
  Date: January 03, 2014
• Article: Summary Judgment in Favor of Insurance Company on Bodily Injury Claim Appropriate When Policy Contains Named Driver Exclusion
  Date: January 02, 2014
• Article: Appropriate to Deny Motion to Vacate Default in Absence of Excusable Neglect
  Date: December 26, 2013
• Article: Error to Grant Summary Judgment Based on Expiration of Statute of Limitations When Questions of Fact Remained
  Date: December 20, 2013
• Article: Trial Court Has Discretion to Limit Medicaid Lien
  Date: December 20, 2013
• Article: Error to Admit Evidence of Defendant's Drug Use After Liability Admitted
  Date: December 20, 2013
• Article: Error to Order Production of Discovery Pursuant to Motion to Vacate Final Judgment Because Documents Privileged and Motion Not Supported by Sworn Proof
  Date: December 18, 2013
• Article: Defendant Who Objects to Remittitur Entitled to New Trial on Damages
  Date: December 17, 2013
• Article: Error to Award Summary Judgment on Belief That Case Relied on Inference Stacking
  Date: December 17, 2013
• Article: Trial Court Order Striking Expert Witness Is Not Reviewable Upon Petition for Writ of Certiorari
  Date: December 06, 2013
• Article: Liability Waiver Must Be Strictly Construed Against Party Attempting to Avoid Liability
  Date: December 06, 2013
• Article: Improper to Deny Motion to Amend Complaint at Trial to Include Comparative Negligence
  Date: December 06, 2013
• Article: Defaulting Party Entitled to Notice of Trial on Damages
  Date: December 04, 2013
• Article: Evidentiary Hearing Required If Default Statutory Allocation Provision Not Used to Determine Amount of Medicaid Lien
  Date: December 04, 2013
• Article: Error to Enter Summary Judgment on Basis of Workers' Compensation Immunity When Defendant Did Not Overcome Presumption That Plaintiff Was Not a Borrowed Servant
  Date: December 04, 2013
• Article: Evidentiary Hearing Required Before Default Judgment Can be Entered as Sanction for Violating Discovery Orders
  Date: December 04, 2013
• Article: Prior Incidents at or near Business Admissible to Show Forseeability
  Date: December 04, 2013
• Article: Summary Judgment in Favor of Lead Driver in Rear End Collision Improper When Record Establishes Question of Lead Driver's Comparative Negligence
  Date: November 27, 2013
• Article: Denial of Motion for New Trial Appropriate Because Competent Substantial Evidence Linked Crime to Breakdown in Securitty
  Date: November 27, 2013
• Article: Premature Proposal for Settlement Invalid
  Date: November 20, 2013
• Article: Deposition of Withdrawn Expert Witness Authorized Only upon Showing of Exceptional Circumstances
  Date: November 13, 2013
• Article: Premises Liability Defendant May Withhold Production of Store Surveillance Footage Until after Plaintiff's Deposition
  Date: November 06, 2013
• Article: Trial Court Lacked Jurisdiction to Deny with Prejudice Plaintiff's Amended Complaint Adding New Defendants
  Date: November 01, 2013
• Article: Exceptions Exist to General Rule on Damages When Negligence Admitted but Causation of Injuries Disputed
  Date: October 30, 2013
• Article: Costs for Repair and Removal of Work Does Not Constitute Property Damage Under General Liability Policy
  Date: October 30, 2013
• Article: Summary Judgment Appropriate because Wheel Stop Constituted Open and Obvious Condition and Expert Affidavit Insufficient to Create Genuine Issue as to Maintenance or Design
  Date: October 25, 2013
• Article: Insurer Subject to Long- Arm Jurisdiction When It Has Minimum Contacts in Florida
  Date: October 25, 2013
• Article: Improper for Appellate Court to Reweigh Expert Testimony Regarding Whether Negligent Inspection of Defective Chair Caused Plaintiff's Injuries
  Date: October 24, 2013
• Article: Standard of Review for Pretrial Evidentiary Rulings and Ruling on Motion for New Trial Is Abuse of Discretion
  Date: October 23, 2013
• Article: Trial Court Erred in Entering Injunction When Plaintiffs Lacked Standing to Challenge PIP Act
  Date: October 02, 2013
• Article: UM Coverage Waiver Binding on Estate and Personal Representative but Unenforceable on Additional Insured Who Did Not Sign Waiver
  Date: September 26, 2013
• Article: Bill of Lading Did Not Constitute Contract Because Subcontractor Did Not Consent to Terms and Was Not Identified in Agreement
  Date: September 25, 2013
• Article: Evidence That Driver Unlicensed at Time of Accident Admissable
  Date: September 18, 2013
• Article: Hearing in Which Kozel Factors Considered Must Occur Before Default Judgment Entered as Sanction for Discovery Violations
  Date: September 18, 2013
• Article: Acceptance of Offer That Deviates from Terms of Offer Is Not Binding
  Date: September 18, 2013
• Article: Summary Judgment as to Lack of Duty and Causation Affirmed Because Rescue Doctrine Raised for First Time on Appeal
  Date: September 18, 2013
• Article: Trial Court Inappropriately Denied Challenge for Cause of Defense- Oriented Juror and Precluded Evidence of Social Security Disability After Defense Opened Door
  Date: September 18, 2013
• Article: Kozel Findings Must be Contained in Order Imposing Sanction Against Attorney for Discovery Violation
  Date: September 11, 2013
• Article: EUO Clause in PIP Insurance Policy Not Valid Condition Precedent Prior to Statutory Amendment
  Date: September 11, 2013
• Article: Motion for New Trial Necessary when Negligence Admitted but No Past or Future Medical Expenses Rewarded
  Date: September 04, 2013
• Article: Delayed Discovery Doctrine Does Not Apply to Negligence Action Against Diocese
  Date: September 04, 2013
• Article: Order Denying Employer's Motion for Summary Judgment on Workers' Compensation Immunity Not Appealable
  Date: September 04, 2013
• Article: "Your Product" Exclusion Under Corporate General Liability Policy Applies When No Material Change Made to Product
  Date: September 04, 2013
• Article: Affirmative Defense to Medical Negligence Claim Must "Specifically and with Particularity" Deny Compliance with Presuit Requirements
  Date: August 30, 2013
• Article: Order Denying Insurer's Motion to Dismiss and Motion for Protective Order in First Party Bad Faith Action Not Appealable
  Date: August 28, 2013
• Article: Dismissal of Medical Malpractice Action Against Opthalmologist Appropriate Because Plaintiff's Presuit Affidavit Signed by Infectious Disease Doctor
  Date: August 28, 2013
• Article: Presuit Affidavits May Be Used to Defeat Motion for Summary Judgment in Medical Negligence Claim
  Date: August 26, 2013
• Article: Non-Final Orders in Declaratory Judgment Action Deemed Non- Appealable
  Date: August 16, 2013
• Article: Instrumentality of State University Entitled to Sovereign Immunity
  Date: August 16, 2013
• Article: Reduction of Medicaid Lien May Be Appropriate If It Exceeds Settlement Amount Allocated for Medical Expenses
  Date: August 14, 2013
• Article: Insurer Permitted to Seek Subrogation for Damages Resulting from Loss of Engagement Ring
  Date: August 14, 2013
• Article: Summary Judgment in Property Damage Case Appropriate Even Though Entered for the Wrong Reason
  Date: August 14, 2013
• Article: Claims File Constitutes Work Product When Coverage Still in Dispute
  Date: August 14, 2013
• Article: Permissive Driver Considered "Insured" and Unable to Recover for Bodily Injuries under Household- Exclusion Provision of Auto Policy
  Date: August 14, 2013
• Article: Unrelated CME Reports Not Discoverable
  Date: August 07, 2013
• Article: Dismissal for Fraud Warranted Because Plaintiff Concealed Evidence Contradicting His Trial Testimony
  Date: August 07, 2013
• Article: Directed Verdict on Permanent TMJ Injury Improper When Grounds Existed upon Which a Jury Could Reject Plaintiff's Expert Testimony
  Date: August 07, 2013
• Article: Insurer's Nominal Offer to Settle Was Not Made in Bad Faith Where Insurer Had Reasonable Basis to Believe Its Exposure to Adverse Verdict Was Minimal
  Date: July 31, 2013
• Article: Pecuniary Value of Insurer's Obligation to Defend Bodily Injury Lawsuit a Factor in Determining Amount in Controversy in Declatory Judgment Action
  Date: July 31, 2013
• Article: Dismissal for Failure to Prosecute Improper When Record Activity Occured Within 60 Days of Notice of Failure to Prosecute
  Date: July 31, 2013
• Article: Rental Car Company Had No Duty to Determine Whether Lessee of Vehicle Had Suspended License
  Date: July 31, 2013
• Article: Grocery Store Not Required to Produce Accident Reports from Other Stores Within State
  Date: July 31, 2013
• Article: Plantiff's Expert Should Not Have Been Precluded from Testifying as to a Relevant Matter in a Medical Malpractice Action
  Date: July 26, 2013
• Article: Leased Golf Cart Modified to Exceed Speeds of 20 MPH Deemed "Low Speed Vehicle"
  Date: July 25, 2013
• Article: Insurer Entitled to Attorney's Fees Pursuant to Proposal for Settlement Even Though Proposal Did Not Refer to Insurance Policy
  Date: July 24, 2013
• Article: Appropriate to Allow Cross- Examination of Plaintiff Regarding Monetary Settlement in Unrelated Litigation
  Date: July 24, 2013
• Article: Summary Judgment Improper When Issue of Material Fact Remained as to Whether Grocery Store Should Have Expected That Invitees Would Trip Over Rumpled Mat
  Date: July 24, 2013
• Article: Evidentiary Issues Not Preserved for Appeal and No Abuse of Trial Court's Discretion with Respect to Evidentiary Issues
  Date: July 24, 2013
• Article: Summary Judgment Improper Due to Genuine Issue of Material Fact Regarding Causation
  Date: July 24, 2013
• Article: Summary Judgment Improper When Issue of Material Fact Remained as to Whether Grocery Store Should Have Expected That Invitees Would Trip over Rumpled Mat
  Date: July 24, 2013
• Article: Settlement or Verdict Against Insured Tortfeasor Is Condition Precedent to Suing Tortfeasor's Insurer
  Date: July 17, 2013
• Article: Claims Against Medicare Benefits Provider for Administrative Negligence Were Not Claims of Medical Negligence and No Statutory Pre-Suit Notice Was Required
  Date: July 17, 2013
• Article: Florida Supreme Court Rules for Homeowners in Common Area Defect Claim
  Date: July 11, 2013
• Article: Error to Deny Motion to Compel Arbitration Without Evidentiary Hearing in Nursing Home Case
  Date: July 05, 2013
• Article: PIP Insurers Required to Provide Notice in Policies of Intent to Use Medicare Fee Schedules to Calculate Statutory Reimbursements
  Date: July 03, 2013
• Article: Error to Enter Final Judgment Because Case Not At Issue When Tried Less Than 20 Days After Answer Filed
  Date: July 03, 2013
• Article: Directed Verdict for Physician and Group Appropriate Due to Lack of Causation Evidence
  Date: June 28, 2013
• Article: Supreme Court Rules Insurer Cannot Require EUO Attendance as Condition Precedent to Recovery of PIP Benefits
  Date: June 27, 2013
• Article: Special Relationship Necessary to Succeed on Common Law Indemnity Claim
  Date: June 21, 2013
• Article: Defendant Entitled to Present Evidence of Plaintiff's Medicare Benefits for Jury's Analysis of Claimed Future Medical Expenses
  Date: June 21, 2013
• Article: Surgeon's Financial Agreement Containing Arbitration Clause Violated Public Policy
  Date: June 20, 2013
• Article: Unrefuted Testimony of Plaintiff Sufficient Basis for Award of Past Lost Earnings and Future Loss of Earning Capacity
  Date: June 19, 2013
• Article: Workers' Compensation Immunity Bars Suit Against Against General Contractor and Subcontractor
  Date: June 19, 2013
• Article: No Workers' Compensation Immunity Available to Subcontractor in Connection with Tree Removal Work
  Date: June 18, 2013
• Article: New Trial Warranted Due to Plaintiff's Testimony and Closing Argument Violating Motion in Limine
  Date: June 07, 2013
• Article: Motion for New Trial Warranted Due to Plaintiff Counsel's Improper Closing Argument and Cross- Examination of CME Expert
  Date: June 05, 2013
• Article: Summary Judgment for Insurer Appropriate Because Insured Did Not Rebut Presumption of Prejeduice Resulting from Insured's Delayed Notice of Loss
  Date: June 05, 2013
• Article: Property Manager Not Liable for Injuries to Independent Contractor's Employee Because Manager Did Not Control Contractor's Methods of Work
  Date: June 05, 2013
• Article: General Contractor's Workers' Compensation Immunity Defense Not Applicable to Negligence Claim by Owner/ Operator
  Date: May 29, 2013
• Article: Hospital Not Entitled to NICA Immunity Because Child Did Not Suffer "Permanent and Substantial" Mental Impairment
  Date: May 17, 2013
• Article: NICA's Parental Award Provision Deemed Constitutional
  Date: May 16, 2013
• Article: Defendants' Motion for Directed Verdict Should Have Been Granted Given Lack of Evidence That Defendants' Negligence Proximately Caused Sacral Ulcer
  Date: May 15, 2013
• Article: Subcontractor Not Entitled to Horizontal Immunity
  Date: May 08, 2013
• Article: Claims for Negligent Infliction of Emotional Distress Barred by Impact Rule
  Date: May 08, 2013
• Article: Summary Judgment for Hospital Improper in "Anti-Dumping" Case
  Date: May 03, 2013
• Article: Misrepresentation on Insurance Application Need Not Be Intentional to Void Policy
  Date: April 30, 2013
• Article: Insurer Required to Reimburse Provider Under Medicare Part B Fee Schedule Even If CPT Code No Longer Recognized
  Date: April 24, 2013
• Article: No Waiver of Work- Product Privilege for Failure to File Privilege Log with Objections to Discovery
  Date: April 24, 2013
• Article: Trial Court Abused Its Discretion in Dismissing Case Based on Fraud Because Record Did Not Clearly and Convincingly Demonstrate Scheme to Defraud
  Date: April 24, 2013
• Article: Error to Deny Motion for New Trial Without Juror Interview
  Date: April 24, 2013
• Article: Broad General Release Language Did Not Invalidate Proposal for Settlement
  Date: April 24, 2013
• Article: In Camera Inspection Required Before Trial Court Can Compel Production of Defendant Employee's Personnel File
  Date: April 19, 2013
• Article: Non- Compete Agreement Cannot Exceed Two Years Unless Based On Protection of Trade Secrets
  Date: April 17, 2013
• Article: FRCP Rule 1.442(f)(1) Regarding Proposals for Settlement Amended to Clarify That PFS Must be Accepted Within 30 Days of Service
  Date: April 11, 2013
• Article: Insurer May Be Added to Final Judgment for Successful Party's Pursuit of Attorney's Fees and Costs
  Date: April 10, 2013
• Article: Arbitration Panel Incorrectly Used Post Injury Life Expectancy in Calculating Damage Award
  Date: April 10, 2013
• Article: Insurers' Payment of Appraisal Award Satisfied "Adverse Judgment" Requirement for Bad Faith Action and Civil Remedy Notice Not Required to State Amount Sought From Insurer
  Date: April 05, 2013
• Article: Florida Supreme Court Concludes that Graves Ammendment Preempts Florida's Dangerous Instrumentality Statute
  Date: April 04, 2013
• Article: Post- Trial PIP Setoff to Be Reduced by PIP Premium Amount
  Date: April 03, 2013
• Article: Evidentiary Hearing Required on Motion for Relief From Judgment Due to Fraud
  Date: April 03, 2013
• Article: Relation Back Doctrine Allows Claims for Negligent Supervision and Retention to Relate Back to Timely Filed Initial Complaint
  Date: April 03, 2013
• Article: Defendant Entitled to Second IME After Plaintiff Had Second Surgery
  Date: April 03, 2013
• Article: Homeowners' Policy Covered Damage by Deterioration of Underground Water Pipe Within Plumbing System
  Date: March 27, 2013
• Article: Insurers Required to Offer Sinkhole Coverage in Amount Equal to Dwelling Coverage
  Date: March 13, 2013
• Article: New Trial Warranted After Trial Court Precluded Defense Experts' Opinions on Necessity of Surgery and Cause of Injury, Refused to Admit Evidence of "High-Low" Agreement and Improper Closing Argument by Plaintiff's Counsel
  Date: March 08, 2013
• Article: Qualified, Not Absolute, Immunity Privilege Applies To Attorney for Comments Made During Course of Litigation Investigation - FLA. Supreme Court
  Date: March 07, 2013
• Article: School Board Has No Common Law Duty To Make Available, Diagnose The Need For Or Use Automated External Defibrillator - Limones v. School District of Lee County - 2d DCA - Feb. 6, 2013
  Date: March 05, 2013
• Article: Medical Malpractice Statue of Repose Begins To Run On Date of Discrete Incidents of Negligence By A Physician Rather Than When Cause of Action Accrues - Woodward v. Olson
  Date: February 26, 2013
• Article: Question of Fact For Jury To Determine If Proof of Loss Was Timely Submitted And If Partial Compliance With Insurance Policy Barred Insurer From Declaring Breach of Contract That Precluded Recovery - Makryllos v. Citizens
  Date: February 13, 2013
• Article: Insured Must Rebut Presumption That Insurer Prejudiced By Insured Failing To Submit Proof of Loss - Allstate v. Farmer
  Date: February 12, 2013
• Article: Appropriate to Bifurcate Claim Related to Medical Negligence of General Surgeon's Care from Claim of Negligent Hiring and Retention of Assistant Surgeon - Johansen v. Vuocolo M.D. And Heart & Family Institute of Port St. Lucie
  Date: February 06, 2013
• Article: Employees Unable To Meet "Extremely Strict Exception" To Workers' Compensation Immunity - Gorham v. Zachry Industrial & List Industries v. Dalien
  Date: February 01, 2013
• Article: Medical Malpractice Pre-Suit Requirements Do Not Apply to Action Against Mental Health Facility for Failure to Comply With Medical Malpractice Pre-Suit Requirements - Pierrot v. Osceola Mental Health
  Date: January 29, 2013
• Article:Insurer's Decision to Pay it's Estimate Less Deductible and Then Consider Supplemental Claims For Additional Damages Discovered or Arising From Repairs Consistent With Terms of Insurance Policy - Slayton v. Universal Property & Casualty Insurance
  Date: January 26, 2013
• Article: Statutory Physician - Patient Privilege Prohibits "All" Ex Parte Communications Between Nonparty Treating Physician And Attorney Assigned By Physician's Insurer To Represent Physician At Deposition - Hassan v. Garvar
  Date: January 18, 2013
• Article: Insurer's Claim File and Business Practices Regarding Handling of Claim Are Protected By Work - Product Privilege Until Insurer's Obligation to Provide Coverage and Damages Has Been Determined - State Farm v. Aloni
  Date: January 16, 2013
• Article: Trial Court Erred In Not Dismissing Medical Malpractice Complaint For Failure To Satisfy Presuit Notice Requirements - Omni Healthcare v. Moser
  Date: January 08, 2013
• Article: Court Cannot Rely On Administrative Rule If It Modifies Or Expands Rights Granted By Statute - First Protective Ins. Co. v. Schneider Family Partnership
  Date: January 07, 2013
• Article: Error to Deny Insurer's Motion For Remittitur or New Trial Where Verdict's Award of Damages For Future Medical Expenses Not Supported by Evidence - GEICO v. DeGrandchamp
  Date: December 19, 2012
• Article: Defendant Entitled to Discover Information Regarding Extent of Relationship Between Law Firm and Doctor
  Date: December 11, 2012
• Article: Discovery of Financial Information from Non-Party Physician - Katzman v. Koerner & Gomez v. The TJX Companies
  Date: December 10, 2012
• Article: Changes In Supreme Court Rulings Re: Rear End Accidents - Birge v. Charron & Cevallos v. Rideout
  Date: December 06, 2012
• Article: Premises Liability -Trip and Fall - Error to Deny Motion to Compel Arbitration
  Date: November 29, 2012
• Article: Settlement- Medicaid Lien- Roberts v. Albertson's - 4th DCA
  Date: November 16, 2012
• Article: Trial Court Erred By Not Granting Motion to Dismiss Medical Malpractice Complaint for Failure To Satisfy Presuit Notice of Requirements
  Date: October 30, 2012
• Article: Assignment of Benefits Does Not Assign All Obligations of The Insured Under Policy
  Date: October 23, 2012
• Article: Medical Malpractice - Birth Related Neurological Injury Compensation Act- Pollock v. Danner- 2d DCA
  Date: October 17, 2012
• Article: Premises Liability - Improper closing argument - Reffaie v. Wal-Mart - 4th DCA
  Date: October 10, 2012
• Article: Mount Sinai v. Gonzalez- 3d DCA Opinion- Premises Liability - Wrongful Death
  Date: October 05, 2012
• Article: New Requirements for Mediation
  Date: October 02, 2012
• Article: Evidence- Insurance- Questions to Defense Experts Regarding Amount Paid by Defendant's Insurer Did Not Impermissibly Introduce Subject of Insurance
  Date: September 21, 2012
• Article: CMS - Total Payment Obligation to Claimants - Timeline
  Date: September 06, 2012
• Article: Preservation of Error for Appeal
  Date: August 29, 2012
• Article: Appellate Brief Writing
  Date: August 28, 2012
• Article: Underinsured Motorist - Computation of Jury Verdict Harmless Error in Light of Post Verdict Reduction of Damages
  Date: August 23, 2012
• Article: Medical Malpractice - Multiple Physician Defendants As Joint Tortfeasors
  Date: August 22, 2012
• Article: Amendments to Florida Rules of Civil Proceedure- Electronically Stored Information
  Date: August 14, 2012
• Article: Jury Pools Across Florida
  Date: August 08, 2012
• Article: Ten Important Issues for Appeal
  Date: July 30, 2012
• Article: Sinkhole Claim - State Farm v. Buitrago- 2d DCA
  Date: July 17, 2012
• Article: NICA - ALJ May Determine Compensability Even If Statute Of Limitations Has Run- 3d DCA
  Date: July 03, 2012
• Article: Premises Liability - Spoliation of Evidence- Osmulski v. Oldsmar Fine Wine- 2d DCA
  Date: July 02, 2012
• Article: Sovereign Immuntiy - Negligent Supervision and Training Claims
  Date: July 02, 2012
• Article: Premises Liability - Fall on Ramp - Summary Judgment for Defendant Reversed
  Date: July 01, 2012
• Article: Insurer Did Not Act In Bad Faith
  Date: June 30, 2012
• Article: Good Samaritan Act- UF Board of Trustees v. Stone- 1st DCA
  Date: June 27, 2012
• Article: Katzman v. Ranjana Corp.- 4th DCA
  Date: June 13, 2012
• Article: Expert Witness Certificates- Creating Accountability
  Date: June 07, 2012
• Article: Jury Selection- Preservation of Error for Appeal
  Date: May 15, 2012
• Article: Defendants' Proposal for Settlement Valid- 4th DCA
  Date: May 07, 2012
• Article: 12 Ways to Avoid a Determination of NICA Compensability
  Date: April 11, 2012
• Article: Premises Liabilitiy- A Notable Rift
  Date: April 11, 2012
• Article: Wrongful Death Damages Go to Survivors, Not Medicare
  Date: April 09, 2012
• Article: Making up Minds Early and Not Keeping Them Open
  Date: April 03, 2012
• Article: Apportionment from Hoffman v. Jones
  Date: March 26, 2012
• Article: Certiorari Review of Nonfinal Orders
  Date: March 21, 2012
• Article: The “Pure Opinion” Exception to the Florida Frye Standard
  Date: March 06, 2012
• Florida Law Weekly
  Date: March 02, 2012
• Article: Attorney's Fees Awardable By Contract- Offers of Judgment Just Got More Difficult!
  Date: February 27, 2012
• Article: Homeowner's Backyard to Anywhere in the World
  Date: February 27, 2012
• Article: The Stay of Judgments and Proceedings in FL State Courts
  Date: February 09, 2012
• Article: The Duty to Defend in Florida
  Date: December 28, 2011
• Article: Attorneys Now May Be Solely Liable for F.S. § 57
  Date: November 04, 2011
• Article: Contesting Medical Care in Litigation
  Date: September 19, 2011
• Article: Increasing the Effectiveness of Expert Testimony
  Date: September 19, 2011
• Article: The Tipsy Coachman Doctrine Revisited
  Date: September 19, 2011
• Article: A Troubling Invasion into the Attorney-Client Privilege
  Date: July 18, 2011
• Article: Reinstating the Traditional Premesis Liability Doctrine
  Date: June 20, 2011
• Article: The Offer of Judgment's Inequitable Nature
  Date: June 20, 2011
• Article: Florida Courts Continue to Clarify the Limits of Joint Settlement Proposals
  Date: June 10, 2011
• Florida Law Weekly
  Date: May 27, 2011
• Florida Law Weekly
  Date: May 20, 2011
• Florida Law Weekly
  Date: May 13, 2011
• Florida Law Weekly
  Date: May 06, 2011
• Florida Law Weekly
  Date: April 29, 2011
• Article: Florida Supreme Court Approved Amendments to Standard Civil Jury Instructions
  Date: April 11, 2011
• Article: Avoiding the Banana Peel
  Date: March 23, 2011
• Article: Juror Concealment- A Time for Clarity and Change
  Date: February 22, 2011
• Florida Law Weekly
  Date: October 22, 2010
• Article: Florida Supreme County Settles the Issue of Whether Joint Offers Can Require Mutual Acceptance
  Date: October 15, 2010
• Florida Law Weekly
  Date: September 10, 2010
• Florida Law Weekly
  Date: August 20, 2010