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Blog Posts in November, 2017

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  • Eleventh Circuit rules that police officers were entitled to qualified immunity in civil rights lawsuit alleging excessive force in killing of man during drug search at his home
    Eleventh Circuit rules that police officers were entitled to qualified immunity in civil rights lawsuit alleging excessive force in killing of man during drug search at his home

    On November 17, 2017, in Hammett v. Paulding County , No. 16-15764, the Eleventh Circuit Court of Appeals affirmed a trial court’s ruling dismissing a plaintiff’s 42 U.S.C. Section 1983 civil rights ...

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  • Florida Supreme Court authorizes changes to standard civil jury instructions regarding juror regarding juror questions to witnesses and communications with court
    Florida Supreme Court authorizes changes to standard civil jury instructions regarding juror regarding juror questions to witnesses and communications with court

    On November 16, 2017, In Re: Standard Jury Instructions in Civil Cases – Report 17-01, the Supreme Court of Florida authorized the publication and use of amended jury instructions 201.2 and 202.4. ...

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  • Florida First DCA rules that subcontractor's corporate officer who elected exemption from Workers' Compensation Law was not entitled to bring tort claim general contractor
    Florida First DCA rules that subcontractor's corporate officer who elected exemption from Workers' Compensation Law was not entitled to bring tort claim general contractor

    On November 15, 2017, in Gladden v. Fisher Thomas Inc., No. 1D16-1752, the Florida First DCA affirmed a trial court’s summary judgment for the defendant in a tort case because the claim was barred by ...

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  • Florida Second DCA reverses tobacco litigation verdict for plaintiff due to trial court's note to jury discouraging them from asking for a readback of witness' deposition testimony
    Florida Second DCA reverses tobacco litigation verdict for plaintiff due to trial court's note to jury discouraging them from asking for a readback of witness' deposition testimony

    On November 15, 2017, in Philip Morris USA v. Duignon , No. 2D15-5055, the Florida Second DCA reversed a trial court’s final judgment for the plaintiff in a tobacco litigation wrongful death case. In ...

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  • Florida Supreme Court rules that constitutional right to privacy can be claimed by decedent's estate; strikes statute authorizing ex parte interviews with health care providers
    Florida Supreme Court rules that constitutional right to privacy can be claimed by decedent's estate; strikes statute authorizing ex parte interviews with health care providers

    On November 9, 2017, in Weaver v. Myers , No. SC15-1538, the Florida Supreme Court considered the constitutionality of the 2013 amendments to section 766.106 and 766.1065. The amendments authorize ...

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  • Florida First DCA rules that plaintiff's fall off of examination table was subject to ordinary negligence statute of limitations because alleged negligence did not result from medical care
    Florida First DCA rules that plaintiff's fall off of examination table was subject to ordinary negligence statute of limitations because alleged negligence did not result from medical care

    On November 6, 2017, in Vance v. Okaloosa-Walton Urology, P.A ., No. 1D16-4272, the Florida Fist DCA reversed a trial court’s dismissal of the plaintiff’s negligence complaint against a treating ...

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