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Blog Posts in September, 2017

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  • Florida Third DCA rules that plaintiff homeowners' claim against their insurer for breach of contract not precluded by
    Florida Third DCA rules that plaintiff homeowners' claim against their insurer for breach of contract not precluded by "supplemental claims" provision of policy

    On September 20, 2017, in Milhomme v. Tower Hill Signature Insurance Company , No. 3D16-2089, the Florida Third DCA reversed a circuit court’s entry of summary judgment in favor of the defendant ...

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  • Florida Third DCA reverses trial court's judgment for defendant on pleadings, citing contested issue as to whether whistleblower had reported complaints to
    Florida Third DCA reverses trial court's judgment for defendant on pleadings, citing contested issue as to whether whistleblower had reported complaints to "appropriate local official"

    On September 20, 2017, in Escalona v. City of Miami Beach , No. 3D16-2304, the Florida Third DCA reversed a trial court’s judgment on the pleadings in favor of the defendant City in a case brought by ...

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  • Eleventh Circuit rules that defendant school superintendent was entitled to qualified immunity for decision not to promote teacher whose father had publicly criticized superintendent
    Eleventh Circuit rules that defendant school superintendent was entitled to qualified immunity for decision not to promote teacher whose father had publicly criticized superintendent

    On September 21, 2017, in Gaines v. Wardynski , No. 16-15583, the Eleventh Circuit Court of Appeals reversed a federal district court’s ruling denying a defendant school superintendent’s motion for ...

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

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

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  • Florida Third DCA affirms trial court's denial of directed verdict for defendant in asbestos mesothelioma case, finding that precise quantification of asbestos exposure was unnecessary
    Florida Third DCA affirms trial court's denial of directed verdict for defendant in asbestos mesothelioma case, finding that precise quantification of asbestos exposure was unnecessary

    On September 6, 2017, in Northrup Grumman Systems Corporation v. Britt , No. 3D16-2583, the Florida Third DC affirmed the trial court’s denial of a directed verdict for the defendant in an asbestos ...

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

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

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