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Blog Posts in March, 2019

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  • Florida Fourth DCA reverses trial court’s summary judgment for defendant in premises liability case, concludes that material issues of fact existed regarding dangerousness of manhole cover
    Florida Fourth DCA reverses trial court’s summary judgment for defendant in premises liability case, concludes that material issues of fact existed regarding dangerousness of manhole cover

    On March 20, 2019, in Cruz v. Wal-Mart Stores East , No. 4D18-178, the Florida Fourth DCA reversed a trial court’s summary judgment for the defendant in a commercial premises liability case. The ...

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  • Florida Third DCA rules that trial court committed reversible error by allowing the plaintiff to testify that her physicians had told her that her lung cancer was caused by cigarette smoking
    Florida Third DCA rules that trial court committed reversible error by allowing the plaintiff to testify that her physicians had told her that her lung cancer was caused by cigarette smoking

    On March 20, 2019, in Phillip Morris USA v. Gloger , No. 3D18-341, the Florida Third DCA reversed a final judgment for an Engle -progeny tobacco plaintiff and remanded the caser for a new trial due to ...

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  • Eleventh Circuit Court of Appeals rules assignee of reimbursement claim of Medicare Advantage Organization was barred from suing medical service providers because private Medicare Secondary Payor Act plaintiff can only sue primary plans for reimbursement
    Eleventh Circuit Court of Appeals rules assignee of reimbursement claim of Medicare Advantage Organization was barred from suing medical service providers because private Medicare Secondary Payor Act plaintiff can only sue primary plans for reimbursement

    On March 18, 2019, in MSPA Claims 1, LLC, v. Tenet Florida, Inc. , No. 18-11816, the Eleventh Circuit Court of Appeals affirmed a district court ruling barring a claim to enforce a Medicare Advantage ...

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  • Florida Fifth DCA affirms trial court ruling that defendant insurance company did not impair attorney’s lien by paying over settlement proceeds to successor counsel
    Florida Fifth DCA affirms trial court ruling that defendant insurance company did not impair attorney’s lien by paying over settlement proceeds to successor counsel

    On March 15, 2019, in Law Office of Michael B. Brehne, PA, v. Poreter Law Firm et al , No. 5D17-3850, the Florida Fifth DCA affirmed a trial court ruling that the defendant insurance company had not ...

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  • Florida Fifth DCA rules that loss of consortium claim by spouse of personal injury plaintiff was “inextricably intertwined” with plaintiff’s personal injury claim such that defendant claiming attorney’s fees under § 768.79, Florida Statutes, was not requi
    Florida Fifth DCA rules that loss of consortium claim by spouse of personal injury plaintiff was “inextricably intertwined” with plaintiff’s personal injury claim such that defendant claiming attorney’s fees under § 768.79, Florida Statutes, was not requi

    On March 15, 2019, in Conti v. Auchter , Np. 5D18-696, the Florida Fifth DCA reversed a trial court ruling concerning the amount of attorney’s fees awardable under § 768.79, Florida Statutes, to a ...

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  • Eleventh Circuit rules that police officer’s qualified immunity did not bar civil rights lawsuit involving plaintiff forcibly arrested for traffic infraction and handcuffed for over five hours
    Eleventh Circuit rules that police officer’s qualified immunity did not bar civil rights lawsuit involving plaintiff forcibly arrested for traffic infraction and handcuffed for over five hours

    On March 14, 2019, in Sebastian v. Ortiz , No. 17-14751, the Eleventh Circuit Court of Appeals affirmed a district court’s denial of a defendant police officer’s motion to dismiss in a Fourth ...

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