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Case Law Blog Posts in 2021

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  • Florida Supreme Court rules that PIP insurer electing to limit PIP reimbursements based on the statutory schedule of maximum charges may also use separate statutory factors for determining the reasonableness of charges

    On December 9, 2021, in MRI Associates of Tampa, Inc., v. State Farm, No. SC18-1390, the Florida Supreme Court answered in the negative to the following rephrased certified question from the Florida Second DCA: “Does section 627.736(5)(a), Florida Statutes (2013)...

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  • Florida Third DCA concludes that person named as “co-insured” in PIP policy was entitled to PIP benefits notwithstanding the fact that she was not related to the principal insured and the vehicle involved in the accident was not insured under the policy

    On December 22, 2021, in Pro-Medics Therapy & Rehab Center LLC v. United Automobile Insurance Company, No. 3D21-713, the Florida Third DCA reversed a trial court summary judgment in favor of the insurance carrier in a PIP insurance case brought by a health care provider...

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  • Florida Second DCA rules in premises liability case that “obvious danger” doctrine did not support summary judgment for defendants because questions of fact remained as to whether defendants should have anticipated that the dangerous condition would cause injury

    On December 10, 2021, in Kovacs v. Williams, No. 5D21-1099, the Florida Fifth DCA quashed a trial court’s order granting a plaintiff’s motion to add a claim for punitive damages in a motor vehicle negligence case based on the alleged intoxication of the defendant driver...

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  • Florida Fourth DCA reverses judgment for plaintiff in premises liability case, finding photographs of accident scene provided insufficient evidence that a dangerous condition existed for sufficient time to establish constructive notice by the defendant

    On December 15, 2021, in Speedway, Inc. v. Cevallos, No. 4D20-1120, the Florida Fourth DCA reversed a final judgment in favor of the plaintiff in a premises liability slip and fall case, finding that the plaintiff failed to offer evidence of a dangerous condition at trial...

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  • Florida Fourth DCA rules in premises liability slip and fall case that trial court erred by giving Florida Standard Jury instruction (Civil) 401.20(a) without any modification or revision reflecting current slip and fall liability law

    On December 22, 2021, in Fuentes v. Garcia, No. 4D20-1346, the Florida Fourth DCA reversed a judgment for the plaintiff in a slip and fall premises liability case, finding that the trial court erred in providing Florida Standard Jury instruction (Civil) 401.20(a)...

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  • Florida Second DCA reverses summary judgment for defendant restaurant proprietor in slip and fall premises liability case, finding that defendant could have had a duty to manage and control sidewalk outside of its restaurant even if the sidewalk was owned by the City of Naples

    On December 29, 2021, in City of Naples, Florida, et al. v. Chops City Grill, Inc., No. 2D19-2836, the Florida Second DCA reversed a summary judgment entered by the trial court in favor of the defendant restaurant proprietor in a premises liability case...

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  • Florida Fifth DCA rules that trial court erred by granting plaintiff’s motion to add punitive damages claim to complaint without expressly stating on record that plaintiff made a reasonable showing by evidence for recovering such damages

    On December 10, 2021, in Kovacs v. Williams, No. 5D21-1099, the Florida Fifth DCA quashed a trial court’s order granting a plaintiff’s motion to add a claim for punitive damages in a motor vehicle negligence case based on the alleged intoxication of the defendant driver...

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  • Florida Fourth DCA rules that arbitration clause in plaintiff’s home purchase contract with developer did not apply in subsequent premises liability lawsuit against developer for injuries plaintiff sustained in fall on developer’s residential community property

    On November 3, 2021, in Dewees v. Johnson, et al, No. 4D21-446, the Florida Fourth DCA reversed a non-final order of the trial court compelling arbitration and staying litigation of the plaintiff’s negligence and breach of duty claims in a premises liability complaint against a...

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  • Eleventh Circuit rules in excessive force civil rights case that civilian defendant’s rendering of brief, ad hoc assistance to a law enforcement officer was not state action subject to 42 U.S.C. § 1983

    On November 16, 2021, in Charles v. Johnson et al, No. 20-12393, a 42 U.S.C. § 1983 excessive force case in which the plaintiff sued both law enforcement officials and a civilian who assisted a law enforcement officer in physically restraining the plaintiff during his arrest, the Eleventh ...

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  • Florida Fourth DCA rules that trial court erred in granting insurer’s summary judgment motion in first-party insurance case without first determining whether insurer was prejudiced by insured’s untimely compliance with post-loss conditions of the policy

    On November 3, 2021, in Dias v. Universal Property and Casualty Insurance Company, No. 4D20-2575, the Florida Fourth DCA reversed a summary judgment in favor of the defendant insurance company in a first-party insurance case involving water damage to the plaintiffs’ home. The insurer denied ...

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  • Third DCA rules that trial court erred in dismissing insurance company’s declaratory judgment action alleging that motor vehicle policy was void because of policy owner’s alleged failed to include household member in policy application as an additional driver

    On November 10, 2021, in Imperial Fire & Casualty Insurance Company v. Acosta, et al., No. 3D21-0225, the Florida Third DCA reversed a trial court’s dismissal of an insurance declaratory judgment action in which the insurance company contended that that the motor vehicle insurance policy at issue was...

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  • Florida Fourth DCA rules that plaintiff’s status as co-insured on insurance policy covering motor vehicle owned by spouse, along with alleged regular use of vehicle and economic contributions to ownership, created issue of fact as to whether the plaintiff had insurable interest in the policy

    On November 17, 2021, in Covington v. State Farm, No. 4D21-377, the Florida Fourth DCA reversed a summary judgment for the defendant insurer in a first party automobile property insurance case. The trial court granted summary judgment to the insurer based on a finding that the plaintiff...

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  • Florida First DCA denies certiorari review of trial court’s denial of defendants’ motion to dismiss medical negligence complaint based on plaintiff’s submission of pre-suit affidavit from allegedly unqualified medical expert

    On November 10, 2021, in University Board of Trustees, et al. v. Carmody, No. 1D21-634, the Florida First DCA denied a certiorari petition from the defendant medical providers in a medical negligence case. The defendants sought certiorari review of an adverse ruling by the trial court...

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  • Florida Second DCA denies certiorari review of trial court’s denial of defendant’s motion to dismiss medical negligence complaint for failure to comply with the applicable statute of limitations

    On November 12, 2021, in Kozma, et al, v. Advanced Surgery Center of Sarasota, LLC, et al., No. 2D20-3210, the Florida Second DCA issued a per curiam dismissal of the certiorari petition by a medical negligence defendant claiming...

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  • Florida Fifth DCA reverses award of punitive damages in maritime case in which former cruise ship employee sued Disney Cruise Line for failing to provide maintenance and cure benefits for injuries she sustained in off-ship accident

    On November 2, 2021, in Magical Cruise Company Limited d/b/a Disney Cruise Line v. Martins, No. 5D20-0379, the Florida Fifth DCA partially reversed a judgment for the plaintiff in a maritime case in which a former crew member of Disney’s Dream cruise ship...

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  • Florida First DCA quashes trial court ruling that party waived attorney-client privilege as to records sought in discovery by not providing privilege log

    On November 17, 2021, in Andreatta, et al, v. Brown, No. 1D20-2397, the Florida First DCA granted a petitioner’s petition for a writ of certiorari and quashed a trial court order finding that the petitioners had waived attorney-client privilege by failing to file a privilege log...

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  • Florida Third DCA denies premises liability defendant’s claimed work product privilege to contents of incident report filled out by slip and fall plaintiff

    On November 17, 2021, in IMC Hospitality, LLC v. Ledford, No. 3D21-1593, a premises liability slip and fall case, the Florida Third DCA granted the defendant restaurant proprietor’s certiorari petition and on work- product grounds quashed the portion of the trial court’s...

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  • Florida Third DCA rules that defendant’s proposal for settlement to plaintiff was valid even though the amount of plaintiff’s attorneys’ fees and costs included in the offer was not quantified

    On November 10, 2021, in Safepoint Insurance Company v. Williams, No. 3D19-2196, the Florida Third DCA reversed a trial ruling that had denied the defendant insurance company in a first-party insurance coverage dispute an award of attorney’s fees and costs...

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  • Florida Fourth DCA rules that proposal for settlement’s reference to the release of all claims “which could be included in a Final Judgment” did not make it fatally ambiguous

    On November 3, 2021, in Ehlert v. Castro, et al., No. 4D20-2007, the Florida Fourth DCA reversed a trial court order which had denied a post-trial motion for attorney’s fees under Fla. Stat. § 768.79 and F. R. Civ. P. 1.442 made by the prevailing plaintiff in a personal injury lawsuit...

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  • Florida Fourth DCA rules that Proposal for Settlement was still valid when summary judgment ruling disposed of some but not all claims

    On November 17, 2021, in Inspired Products Group, LLC v. Inspired Development Group, LLC, No. 4D20-2326, the Florida Fourth DCA reversed a trial court ruling that denied a prevailing defendant’s attorney’s fees and costs where its proposal for settlement (PFS) was not accepted...

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  • Florida Supreme Court settles DCA conflict, rules that 1999 amendments to punitive damages statute applies in Engle progeny wrongful death actions in which the decedent died after the effective date of the amendments

    On November 18, 2021, in Sheffield v. R.J. Reynolds Tobacco Company, No. SC19-601, the Florida Supreme Court affirmed a Fifth DCA decision holding that the 1999 amendment to Fla. Stat. 768.73, which presumptively precludes an award of punitive damages...

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  • Florida Fifth DCA grants writ of mandamus compelling trial court to set trial date in negligence case

    On November 12, 2021, in Bush-Radomski v. Krisan, No. 5D21-1777, the Florida Fifth DCA granted the plaintiff in a negligence case a writ of mandamus compelling he trial court to set a trial date. The Fifth DCA found that because the case was procedurally...

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  • Florida First DCA upholds constitutionality of worker’s compensation law limiting period in which temporary total disability benefits can be claimed

    On November 10, 2021, in Doss v. United Parcel; Services/Liberty Mutual, No. 1D20-2008, the Florida First DCA affirmed a Judge of Compensation Claims (JCC) order denying a worker’s compensation claim for temporary total disability (TTD) benefits for the period...

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  • Florida First DCA rules that JCC’s reservation of determination of amount of attorney’s fees and costs payable to worker’s compensation claimant did not toll statute of limitations for filing claim for new benefits

    On November 10, 2021, in Hospital East, LLC v. Hampton, No. 1D20-2961, the Florida First DCA reversed a Judge of Compensation Claims (JCC) order rejecting an employer/carrier’s statute of limitations defense. The First DCA concluded that the JCC’s 2015 order awarding...

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  • Florida Second DCA rules that trial court erred in finding assisted living facility’s arbitration agreement unconscionable, concluding that record did not support required finding of procedural unconscionability

    On October 13, 2021, in Osprey Health Care Center, LLC. Et al, v. Pascazi, No. 2D19-4787, the Florida Second DCA reversed a trial court ruling which had held that the defendant assisted living facility’s Mediation and Arbitration Agreement...

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  • Eleventh Circuit Court of Appeals affirms dismissal of transgender Georgia prison inmate’s civil rights lawsuit against prison officials for failing to protect her from sexual assault and physical attacks

    On October 18, 2021, in Cox v. Nobles, et al, No. 20-11425, the Eleventh Circuit Court of Appeals affirmed a district order dismissing a transgender Georgia prison inmate’s 42 U.S.C. § 1983 civil rights case against prison wardens and...

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  • Florida Supreme Court rules that it is not a departure from the essential requirements of law to permit discovery by plaintiff regarding the financial relationship between a defendant’s nonparty insurer or law firm and an expert witness retained by the defense

    On October 14, 2021, in Dodgen v. Grijalva, No. SC19-1118, the Florida Supreme Court addressed a certified question which has been raised repeatedly in lower courts since the Court’s ruling in Worley v. Central Florida Young Men’s Christian Ass’n...

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  • Florida Third DCA rules that negligence complaint of plaintiff who was injured at defendant’s medical facility while moving from imaging table to wheelchair sounded in ordinary negligence and was not subject to medical negligence pre-suit requirements and statute of limitations

    On October 13, 2021, in Torres v. Kendall Healthcare Group. Ltd., No. 3D19-1528, the Florida Third DCA reversed a trial court ruling which had dismissed a plaintiff’s negligence case on the grounds that the plaintiff failed to comply with the medical negligence ...

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  • Florida Third DCA reverses trial court order which dismissed medical negligence complaint for failure comply with the presuit requirements; finds that trial court erred by not holding evidentiary hearing

    On October 20, 2021, in Powell v. Sampson, No. 3D20-1082, a per curiam decision, the Florida Third DCA reversed a trial court order which had dismissed the plaintiff’s medical negligence complaint for failure to comply with the medical negligence ...

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  • Florida Fourth DCA rules in PIP case that trial court erred by not allowing insurer to use Medicare payment methodology even though chiropractic services at issue were not reimbursable under Medicare

    On October 6, 2021, in Progressive American Insurance Company v. Head to Toe Posture Rehab, LLC, No. 4D21 -647, the Florida Fourth DCA ruled in a personal injury protection (PIP) insurance case that the trial court erred by finding that ...

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  • Florida Fourth DCA reverses summary judgment for plaintiff medical provider in PIP lawsuit, finding disputed issues of material fact

    On October 27, 2021, in State Farm v. Hollywood Diagnostic Center, Inc., No. 4D21-202, the Florida Fourth DCA reversed a trial court’s summary judgment for the plaintiff medical provider in a Personal Injury Protection insurance (PIP) case...

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  • Florida Fourth DCA reverses trial court’s dismissal of plaintiff’s PIP lawsuit, finding that dismissal without notice or opportunity to be heard violated the plaintiff’s due process rights

    On October 27, 2021, in Comprehensive Spine Center, PLLC v. Equity Insurance Company, No. 4D21-517, the Florida Fourth DCA reversed a trial court order which had dismissed a Personal Injury Protection insurance (PIP) complaint without...

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  • Florida Fifth DCA rules that Fla. R. Civ. P. 1.442 proposal for settlement provisions were applicable in small claims PIP case

    On October 15, 2021, in Central Florida Medical and Chiropractic Center v. Progressive American Insurance Company, No. 5D21-29, the Florida Fifth DCA ruled in a small claims PIP case that the defendant’s proposal for settlement...

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  • Florida Third DCA rules that narrow scope of certiorari review prohibited Court from weighing evidence to determine whether there was an evidentiary basis for punitive damages claim that the trial court allowed plaintiff to add to lawsuit

    On October 20, 2021, in Leon Medical Centers, Inc. v. Duran, No. 3D21-1521, a per curium decision, the Florida Third DCA denied a certiorari petition from a medical negligence defendant seeking relief from a trial court order granting the plaintiff’s...

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  • Florida Third DCA denies certiorari petition of defendant seeking review of trial court order permitting plaintiff to add punitive damages claim, finding that scope of review was limited to whether trial court complied with procedural rules and not whether the evidentiary proffer was sufficient

    On October 27, 2021, in Moss & Associates, LLC. Et al. v. Lapin, No. 3D21-1653, the Florida Third DCA denied a defendant’s motion for certiorari review of a trial court order permitting the plaintiff to add a punitive damages claim. The Third DCA...

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  • Florida Supreme Court revises Florida Rule of Civil Procedure 1.280 governing discovery requests

    On October 7, 2021, the Florida Supreme Court enacted minor revisions to Fla. R. Civ. P. 1.280 governing discovery requests to parties. First, a new subdivision titled “Form of Responses to Written Discovery Requests,” is added to rule 1.280...

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  • Florida Third DCA reverses judgment for medical negligence plaintiff due to trial court’s failure to expressly consider all remittitur statutory factors set forth in Fla. Stat. § 768.74(5)

    On October 13, 2021, in Baptist Health Medical Group Orthopedics, LLC, et al, v. Fernandez, No. 3D20-0861, the Florida Third DCA reversed a trial court order denying a medical negligence defendant’s motion for remittitur of the plaintiff’s...

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  • Florida Fifth DCA denies certiorari review of allegedly overbroad and burdensome discovery request on jurisdictional grounds

    On October 22, 2021, in Werner Enterprises, Inc. v. Sweeney, et al., No. 5D21-857, the Florida Fifth DCA issued a per curiam decision dismissing a party’s certiorari petition seeking a review of a trial court order compelling better answers to an interrogatory...

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  • Florida Third DCA reverses punitive damage award and remands for new trial after finding that trial court excluded proposed expert testimony based on plaintiff’s late disclosure without first conducting prejudice analysis required under Florida Supreme Court’s Binger decision

    On October 27, 2021, in Callari v. Winklejohn, No. 3D20-0870, the Florida Third DCA ruled in a motor vehicle negligence case that the trial court committed reversible error when it denied the plaintiff the right to have an accountant expert...

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  • Florida Fifth DCA find that trial court’s refusal to permit plaintiff to publish deposition of defendant’s designated corporate representative constituted reversible error

    On October 29, 2021, in Demoura v. The Travelers Home and Marine Insurance Company, No. 5D21-109, the Florida Fifth DCA reversed a directed verdict for the defendant insurance company in a motor vehicle negligence case and remanded...

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  • Florida Third DCA rules that fired city manager was not entitled to protections of Florida Whistle-Blower’s Act for communications that did not actually identify any violation of law or any act of suspected gross mismanagement or misfeasance

    On October 20, 2021, in Henley v. City of North Miami, No. 3D20-1213, the Florida Third DCA affirmed the dismissal of a lawsuit filed under Florida’s Whistle-Blower’s Act, section 112.3187, Florida Statutes. The plaintiff a former Acting Budget Director...

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  • Florida First DCA rules that judge erred in worker’s compensation caseby not appointing a successor expert medical advisor (EMA) after striking the appointed EMA’s opinions

    On October 6, 2021, in Shelton v. Pasco County Board of County Commissioners/Commercial Risk Management, Inc., No. 1D20-3511, the Florida First DCA ruled in a Worker’s Compensation case that the Judge of Compensation Claims (JCC)...

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  • Florida First DCA rules that Sheriff’s no fraternization policy for corrections officers and inmates did not create “zone of risk” triggering Sheriff’s tort liability for alleged sexual harassment by corrections officer against former inmate living with officer while on probation

    On October 13, 2021, in Lee v. Harper, et al., No. 1D20-2772, the Florida First DCA affirmed a trial court dismissing a plaintiff’s claims for negligence and negligent supervision against the Sheriff of Madison County in his official capacity...

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  • Eleventh Circuit Court of Appeals affirms summary judgment for insurer in motor vehicle insurance bad faith case

    On September 20, 2021, in Pelaez v. Government Employees Insurance Company, No. 20-12053, the Eleventh Circuit Court of Appeals affirmed a MDFL district court summary judgment for the defendant insurer in a bad faith case,...

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  • Eleventh Circuit finds that Alabama police officers who shot car driver did not violate clearly established law and were entitled to qualified immunity in civil rights excessive force lawsuit

    On September 2, 2021, in Underwood v. City of Bessemer, et al., No. 19-13992, the Eleventh Circuit considered a Title 42, § 1983 civil rights excessive force case involving a plaintiff who was shot by two Alabama police officers ...

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  • Eleventh Circuit Court of Appeals affirms dismissal of Georgia college cheerleader’s civil rights lawsuit against county Sheriff for his alleged role in conspiracy to prevent cheerleaders from kneeling during National Anthem

    On September 2, 2021, in Dean v. Warren, No. 19-14674, the Eleventh Circuit Court of Appeals affirmed a district court’s dismissal of the defendant, a Georgia county Sheriff, from a Title 42, § 1983 civil rights complaint filed by a college cheerleader ...

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  • Eleventh Circuit Court of Appeals finds that federal prison officer sued by inmate in Bivens-type civil rights case alleging deliberate indifference to medical needs was entitled to qualified immunity because delay in treatment of injuries to the plaintiff did not rise to level of violation of clearly established constitutional right

    On September 17, 2021, in Wade v. Lewis, No. 29-11962, the Eleventh Circuit Court of Appeals, reversed a district court order which had dismissed on the grounds of qualified immunity a Bivens civil rights lawsuit filed by an inmate against...

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  • Eleventh Circuit concludes that Pattern Jury Instruction 5.6 misstates Eleventh Circuit law when applied to inmate’s Eighth Amendment claim involving alleged sexual assault by prison guard

    On September 21, 2021, in DeJesus v. Lewis, et al., No. 18-11649, the Eleventh Circuit Court of Appeals considered the appeal of a 42 U.S.C. § 1983 civil rights lawsuit brought by a Florida state prison inmate who alleged he had been sexually assaulted...

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  • Eleventh Circuit Court of Appeals reverses district court dismissal of plaintiff’s Title 42 § 1983 over-detention case, finding that plaintiff’s allegation that he was unnecessarily detained for three days bases on a case of mistaken identity were sufficient to survive dismissal.

    On September 20, 2021, in Sosa v. Martin County, Florida et al., No. 20-12781, the Eleventh Circuit Court of Appeals reversed a district court’s dismissal of the plaintiff’s 42 U.S.C. § 1983 Fourteenth Amendment over-detention claim against a county jail...

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  • Eleventh Circuit Court of Appeals holds that city’s refusal to permit flying of Confederate Flag at “Old Soldier’s Day Parade” did not violate participant’s free speech rights

    On September 28, 2021, in Leake, et al. v. Drinkard, No. 20-13868, the Eleventh Circuit Court of Appeals affirmed a district court’s summary judgment for the defendant City of Alpharetta, Georgia in a 42 U.S.C. § 1983 civil rights lawsuit...

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  • Florida Second DCA rules that comparative negligence defense can be raised by defendant in personal injury case brought under Fla. Stat. § 767.01 for injury caused by dog

    On September 17, 2021, in Parsons v. Culp, No. 2D20-600, the Florida Second DCA partially reversed a million-dollar jury verdict for the plaintiff in a case involving injuries the plaintiff suffered from an incident with neighbor’s dog. The Second DCA ...

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  • Florida First DCA rules that trial court erred in setting aside defense verdict in case involving injuries allegedly caused by neighbor’s dog, finds conflicting evidence as to whether dog caused the injury

    On September 22, 2021, in Fannin v. Hunter, No. 1D19-4293, the Florida First DCA reversed a trial court order which had granted the plaintiff’s motion for a directed verdict and a new trial to determine damages in a personal injury case...

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  • Florida Fourth DCA rules in PIP case that trial court abused discretion in excluding defense experts from testifying

    On September 29, 2021, in State Farm v. Nob Hill Family Chiropractic, No. 4D21-204, the Florida Fourth DCA reversed a judgment for the plaintiff medical provider in a personal injury protection PIP case and remanded for a new trial, finding that...

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  • Eleventh Circuit Court of Appeals rules that jurisdiction did not exist under Federal Tort Claims Act for wrongful death negligence action alleging that U.S. Postal Service negligently failed to warn decedents that mailboxes involved in fatal motor vehicle accident failed to conform to state and federal safety regulations

    On September 27, 2021, in Smith, et al, v. USA, No. 20-11329, the Eleventh Circuit Court of Appeals affirmed the dismissal of a Georgia negligence case in which the plaintiffs, the administrator of the estates of a father and daughter who...

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  • Florida Third DCA rules that medical negligence plaintiff could not assert Florida long arm personal jurisdiction over Delaware corporation with subsidiaries operating in Florida

    On September 8, 2021, in The Schumacher Group of Delaware, Inc. v. Dictan, etc., et al., No. 3D20-1571, the Florida Third DCA reversed a trial court order in a medical negligence case and remanded with instructions to dismiss a Delaware...

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  • Florida Fourth DCA reverses trial’s dismissal of medical negligence complaint against defendant doctor, finding that trial court’s ruling that pre-suit notice to codefendant hospital could not be imputed to doctor was erroneously based on evidence outside the four corners of the complaint

    On September 8, 2021, in Rhiner v. Koyama, No. 4D20-2196, the Florida Fourth DCA reversed the trial court’s dismissal of a defendant doctor from the plaintiff’s medical negligence complaint which was filed against both doctor and the hospital...

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  • Florida Fifth DCA rules that complaint alleging negligent supervision of inpatient at defendant behavioral center sounds in general negligence rather than medical malpractice and is therefore not subject to presuit requirements of Florida Statutes Chapter 766

    On September 24, 2021, in Lifestream Behavioral Center, Inc. v. Allerton, No. 5D21-884, the Florida Fifth DCAdenied a certiorari petition filed by the defendant in a pending negligence lawsuit. The defendant was seeking to overturn a trial court...

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  • Florida Third DCA affirms trial court’s denial of plaintiff’s motion for new trial in motor vehicle negligence case; finds that weight to be given admissions by defendant on causation was a jury matter

    On September 8, 2021, in Alvarez, etc. v. Acosta, et al., No. 3D20-640, the Florida Third DCA affirmed a trial court’s denial of the plaintiff’s motion for a new trial in a negligence case involving an accident in which the plaintiff’s motorcycle was...

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  • Florida Fifth DCA rules that when PIP insurer chooses to reimburse health care provider according to scheduled rates, it must pay 80 percent of 200 percent of the statutorily adopted applicable fee schedule.

    On September 10, 2021, in Hands On Chiropractic PL A/A/O Justin Wick v. Geico General Insurance Company, No. 5D20-2705, the Florida Fifth DCA held that when Personal Injury Protection (PIP) insurer chooses to reimburse a health care provider...

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  • Florida Third DCA finds affirms summary judgment for grocery store in premises liability slip and fall case, finds that that evidence that transitory substance was on floor for less than five minutes was insufficient to impute constructive knowledge to defendant

    On September 8, 2021, in De Los Angeles v. Winn-Dixie Stores, Inc., No. 3D19-2520, the Florida Third DCA appealed a summary judgment entered in favor of the defendant grocery store in a premises liability case. The plaintiff claimed that...

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  • Florida Second DCA rules that expert witness deposition fees prepaid by plaintiff for depositions that did not occur until after service of proposal of settlement could not be counted in determining whether judgment satisfied monetary threshold for award of attorney’s fees under Fla. Stat. § 768.79

    On September 3, 2021, in Estate of Sweeney, et al., v. Washington, No. 2D20-1848, the Florida Second DCA reversed an award of attorney’s fees to the prevailing plaintiff in a motor vehicle negligence case. The fees had been awarded by the trial...

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  • Florida Supreme Court rules that prejudgment interest must be excluded from the amount of the “judgment obtained” for purpose of calculating monetary threshold entitling party to attorney’s fees under Florida’s Proposal for Settlement statute

    On September 9, 2021, in CCM Condominium Association, Inc, etc. v. Petri Positive Pest Control, Inc., etc., No. SC-19861, the Florida Supreme Court affirmed a Fourth DCA ruling that in calculating whether a plaintiff had met the threshold...

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  • Florida Fourth DCA rules that trial court’s denial of defendant’s forum non conveniens transfer motion so that parties could be compelled to first attend non-binding arbitration was an abuse of discretion

    On September 1, 2021, in Graham v. Virgil, No. 4D21-877, the Florida Fourth DCA reversed a trial court order which had denied the motion filed by the defendant in a negligent security case to transfer the case from Broward County to Palm Beach...

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  • Florida Fourth DCA reverses trial court’s additur of $225,000 to plaintiff’s recovery against premises liability defendant, finding that trial court abused discretion in disturbing jury verdict

    On September 8, 2021, in Kocik v. Rodriguez, No. 4D19-3534, the Florida Fourth DCA reversed a trial court’s ruling in a personal injury premises liability case that had granted the prevailing plaintiff’s motion for additur to the damages awarded by the...

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  • Florida Fifth DCA rules that Engle-progeny tobacco case could not be transferred to Alachua County, finding case could not originally have been filed in that county because the decedent first suffered early smoking-related injuries in Putnam County

    On September 10, 2021, in R. J. Reynolds Tobacco Company v. Frost, No. 5D20-1977, the Florida Fifth DCA reversed a trial court’s ruling transferring venue of aEngle-progeny tobacco case from Putnam County to Alachua County. The trial court...

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  • Florida First DCA reverses damages component of motor vehicle negligence jury verdict, finding that trial court erroneously failed to instruct jury on plaintiff’s claim that she suffered an aggravation of a preexisting migraine condition

    On September 29, 2021, in Turner v. Gamiz, No. 1D19-4661, the Florida First DCA reversed the damages component of a plaintiff’s motor vehicle negligence jury verdict and remanded for a new trial on damages because of the trial court’s ...

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  • Florida Second DCA rules that plaintiff’s amended complaint, substituting court appointed personal representative for defendant who died prior to filing of lawsuit, related back to date of original complaint against defendant for statute of limitations purposes

    On September 29, 2021, in Friedel v. Edwards, No. 2D20-2233, the Florida Second DCA reversed a trial court’s dismissal of a plaintiff’s motor vehicle negligence case, concluding that that the trial court erred in dismissing the case on statute of...

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  • Eleventh Circuit Court of Appeals reverses district court in plaintiff’s appeal of adverse Social Security SSI determination, ruling that there is an apparent conflict between a residual function capacity limitation to simple, routine and repetitive tasks and jobs requiring “Level 3” reasoning

    On September 21, 2021, in Viverette v. Commissioner of Social Security, No. 20-11862, the Eleventh Circuit Court of Appealsreversedan order denying the plaintiff’s application for supplemental security income (SSI) benefits under 42 U.S. C. § 1383(c)...

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  • Florida Third DCA concludes that Florida’s statute of repose barred fraud claims by plaintiff in non-Engle tobacco case

    On September 22, 2021, in Philip Morris USA Inc. v. Principe, No. 3D20-875, the Florida Third DCA reversed a jury verdict and final judgment for the plaintiff in a non-Engle tobacco case after determining that the plaintiff’s claims were time-barred...

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  • Florida First DCA rules in worker’s compensation case that employer retained right to choose alternate physician even though JCC ruled that employer’s initial choice of alternate physician was located too far from employee’s residence

    On September 15, 2021, in Harman v. Merchant Transport, CCMSI, No. 1D19-4071, the Florida First DCA affirmed a Judge of Compensation Claims (JCC) order which required an employer/carrier to provide a worker’s compensation claimant with...

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  • Florida First DCA affirms disallowance of workers compensation benefits to police officer suffering from primary hypertension, finding disqualification based on pre-employment history of resolved secondary hypertension

    On September 15, 2021, in Holcombe v. City of Naples/Johns Eastern Company, Inc., No. 1D20-565, the Florida First DCA affirmed a Judge of Compensation Claims (JCC) order denying compensability for primary hypertension to a Naples police...

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  • Florida Fourth DCA rules that county school board was not liable under zone of risk theory for injuries to child who was struck by motor vehicle while crossing street to school bus stop

    On September 29, 2021, in School Board of Palm Beach County v. Edwards, No. 4D20-1476, the Florida Fourth DCA reversed as trial court order which had denied the defendant Palm Beach County’s summary judgment motion in a negligence case involving...

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  • Florida Second DCA rules that statute of limitations period for filing bad faith action did not begin running until trial Court approved stipulation based on modified Cunningham agreement between the parties

    On August 11, 2021, in Wright Insurance Agency, Inc. et. al, v. Nationwide Mutual Fire Insurance Company, No. 2D19-1068, the Florida Second DCA reversed a trial court’s summary judgment for the defendant insurance company regarding...

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  • Eleventh Circuit Court of Appeals affirms dismissal of Broward County deputy’s civil rights lawsuit, finds that deputy’s suspension with pay following his comments criticizing the Sheriff’s COVID-19 response did not constitute an “adverse action” by the Sheriff

    On August 2, 2021, in Bell v. Sheriff of Broward County, No. 20-11958, the Eleventh Circuit Court of Appeals affirmed a dismissal of a 42 U.S.C. § 1983 civil rights lawsuit. The plaintiff, a deputy with the Broward County Sherriff’s Office...

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  • Eleventh Circuit Court of Appeals rules that Duval County Jail officials’ alleged reading of inmate mail was a long-recognized constitutional violation barring dismissal of plaintiff’s 42 U.S.C. § 1983 civil rights case on grounds of qualified immunity

    On August 26, 2021, in Mitchell v. Smith, et al., No. 19-14505, the Eleventh Circuit Court of Appeals affirmed a U.S. district court decision which denied the defendant Duval County Jail officials’ motion to dismiss a prisoner’s 42 U.S.C. § 1983 civil rights...

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  • Eleventh Circuit Court of Appeals rules that Georgia police officer who allegedly tased suspect fleeing routine traffic stop while suspect was on top of eight foot wall was not entitled to qualified immunity from civil rights lawsuit filed following suspect’s death from broken neck

    On August 26, 2021, in Bradley, et al, v. Benton, No. 20-11509, the Eleventh Circuit Court of Appeals affirmed a U.S. district court decision which denied the defendant police officer’s motion to dismiss a 42 U.S.C. § 1983 civil rights case filed by the family...

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  • Eleventh Circuit Court of Appeals affirms dismissal of Georgia inmate’s civil rights lawsuit against prison guards, finding a failure to exhaust administrative remedies

    On August 31, 2021, in Varner v. Shepard, et al., No. 19-12048, the Eleventh Circuit Court of Appeals considered a Title 42, § 1983 civil rights lawsuit in which the plaintiff, an inmate at a Georgia state prison, suffered serious injuries from a beating...

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  • Florida Fourth DCA rules that property insurance company in first-party insurance coverage dispute was not entitled to defense of accord and satisfaction even though proffered settlement check was deposited by insured’s assignee

    On August 18., 2021, in Certified Priority Restoration v. Universal Insurance Company of North America, No. 4D21-374, the Florida Fourth DCA affirmed a trial court’s dismissal of a lawsuit filed by the plaintiff as assignee of a first-party insured’s rights under...

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  • Florida Third DCA rules that statutory examples contained in Fla. Stat. § 671.210 of a “conspicuous statement” satisfying Florida’s Accord and Satisfaction statute are illustrative and not exhaustive

    On August 25, 2021, in United Automobile Insurance Company v. Rivero Diagnostic Center, No. 3D21-60, the Florida Third DCA reversed a trial court’s summary judgment entered in favor of the plaintiff medical provider in a PIP insurance case, finding that the...

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  • Eleventh reverses district court’s dismissal of claim on subject matter jurisdiction grounds and revises its interpretation of Rooker-Feldman doctrine prohibiting district court review of state court judgments

    On August 12, 2021, in Behr v. Campbell, et al., No. 18-12842, the Eleventh Circuit Court of Appeals revisited the doctrine of Rooker-Feldman, which is a jurisdictional doctrine holding that a party who loses a case in state court cannot appeal that...

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  • Florida Third DCA rules in PIP case that insurance adjuster was qualified to submit affidavit contesting reasonableness of amount of medical provider’s charges

    On August 4, 2021, in United Automobile Insurance Company v. Progressive Health Services, No. 3D21-109, the Florida Third DCA reversed a trial court’s summary judgment in favor of the plaintiff medical provider, the assignee of PIP benefits from the...

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  • Florida Third DCA reverses trial court, rules that summary judgment in PIP case for plaintiff medical provider was in error because plaintiff failed to establish that the injured person, the passenger of a vehicle which was struck by the defendant insurance company’s insured’s vehicle, fit into any of the categories of persons entitled to PIP coverage

    On August 25, 2021, in Geico General Insurance Company v. Hialeah Diagnostics, Inc., No. 3D21-101, the Florida Third DCA reversed a trial court summary judgment in favor of the plaintiff medical provider in a PIP insurance lawsuit against the defendant...

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  • Florida Fourth DCA reverses trial court, rules that defendant PIP insurance carrier was entitled to judgment in its favor in fee dispute with medical provider because it clearly and unambiguously provided notice of its intention to use permissive statutory fee schedules

    On August 25, 2021, in Allstate Property & Casualty Insurance Company v. Marcia C. Sasso, D.C., P.A., No. 4D21-0141, the Florida Fourth DCA reversed a trial court’s summary judgment in favor the plaintiff medical provider in a PIP case against the...

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  • Florida Supreme Court amends Fla. R. Civ. P. § 1.280 to codify “apex doctrine” protecting high-level government and corporate officers from the risk of abusive discovery

    On August 26, 2021, the Florida Supreme Court issued a corrected opinion amending Florida of Rule of Civil Procedure 1.280 to codify Florida’s common law version of the “apex doctrine” protecting high-level government officials from the risk of abusive ...

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  • Eleventh Circuit affirms denial of plaintiff’s petition for SSDI benefits; finds no inconsistency in ALJ finding that an applicant was limited to following simple instructions but eligible for employment positions that required the ability to follow “detailed but uninvolved” instructions

    On August 3, 2021, in Buckwalter v. Acting Commissioner of Social Security, No. 19-14420, the Eleventh Circuit Court of Appeals affirmed a denial of the plaintiff’s application for Social Security disability insurance benefits under 42 U.S. C. § 405(g)...

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  • Eleventh Circuit Court of Appeals reverses district court order affirming denial of plaintiff’s SSDI benefits; finds that ALJ determination rejecting testimony of physicians was not supported by substantial evidence

    On August 12, 2021, in Simon v. Commissioner, Social Security Administration, No. 19-14682, the Eleventh Circuit Court of Appeals withdrew its previous opinion and issued a new opinion reversing a district court’s denial of the plaintiff’s application...

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  • First DCA affirms Panama City Beach’s dismissal from negligence case based on sovereign immunity

    On August 9, 2021, in Wooden v. City of Panama City Beach, Florida, No. 1D20-1277, the Florida First DCA issued a per curiam affirmance of a trial court decision that the defendant Panama City Beach enjoyed sovereign immunity from a plaintiff’s...

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  • Florida First DCA rules that motor vehicle negligence lawsuit filed against employer of alleged at-fault driver more than two years after the death of the driver was time-barred

    On August 4, 2021, in Tsuji, et al., v. Fleet, et al., No. 1D20-901, the Florida First DCA affirmed a trial court’s summary judgment in favor of the defendants in a motor vehicle negligence casein which the plaintiffs sued both the estate of the alleged...

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  • Florida First DCA rules that petition for worker’s compensation benefits filed by a deceased worker’s personal representative related back to date of worker’s original petition

    On August 19, 2021, in Estate of Ronald McKenzie v. HI Rise Crane Inc. et al, No. 1D20-3307, the Florida First DCA ruled that the personal representative of the estate of an injured workerwas entitled to have her petition for benefits (PFB) filed on the decedent’s...

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  • Eleventh Circuit reverses district court’s dismissal of plaintiff’s civil rights lawsuit against Miami-Dade public school police officer, finding that witness corroboration of officer’s account did not justify summary judgment

    On July 7, 2021, in Khoury v. Miami-Dade County School Board, et al, No. 18-11430, the Eleventh Circuit Court of Appeals reversed a district court’s order granting summary judgment to a Miami-Dade Public School police officer in a...

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  • Eleventh Circuit reverses district court dismissal of veteran’s medical negligence complaint against the VA

    On July 29, 2021, in Smith v. United States of America, No. 11365, the Eleventh Circuit Court of Appeals reversed, in part, a district court dismissal on jurisdictional grounds of a medical negligence lawsuit filed under the Federal Tort Claims Act ...

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  • Florida Fourth DCA rules that insurance appraiser inspecting the plaintiff’s home had no legitimate expectation of privacy precluding homeowner’s recording of the inspection

    On July 7, 2021, in Silversmith v. State Farm Insurance Company, No. 4D20-2685, the Florida Fourth DCAreversed a trial court ruling and held that a homeowner’s insurance appraiser inspecting the plaintiff’s home had no legitimate expectation...

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  • Florida First DCA holds that documents from insurance company’s underwriting file were not subject to disclosure in first party breach of contract action

    On July 19, 2021, in American Integrity Insurance Company of Florida v. Venable, No. 1D20-727, a case involving a disputed denial of coverage under a homeowner’s insurance policy, the Florida First DCA granted the certiorari petition of the defendant...

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  • Florida First DCA rules that defendant in Engle-progeny tobacco trial had the right to present evidence of prior financial settlements with states in defending against punitive damages claim

    On July 21, 2021, in Blundell v. R.J. Reynolds Tobacco Co., No. 1D20-232, the Florida First DCA ruled that a trial court did not abuse its discretion in allowing the defendant in an Engle-progeny tobacco punitive damages trial to present as mitigation evidence...

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  • Eleventh Circuit rules in maritime premises liability case that cruise ship owner was vicariously liable for negligence of employee regardless of whether owner had actual or constructive knowledge of risk-creating condition

    On July 12, 2021, in Yusko v. NCL (Bahamas) Ltd., No. 20-10452, the Eleventh Circuit Court of Appeals ruled that a passenger pursuing a maritime negligence claim against a shipowner based on an employee’s negligence under a theory of vicarious...

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  • Florida First DCA rules that trial court erred in granting defendant summary judgment in premises liability case, pointing to evidence that allegedly dangerous condition violated building code

    On July 20, 2021, in Dudowicz v. The Pearl on 63 Main Street, Ltd., No. 1D20-2507, the Florida First DCA affirmed in part and reversed in part a summary judgment order entered by the trial court in a premises liability case involving a fall by the plaintiff in one...

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  • Third DCA affirms trial court denial of medical device manufacturer’s motion to dismiss product liability cases on the grounds of forum non conveniens

    On July 14, 2021, the Florida Third DCA affirmed trial court rulings in nine product liability cases brought by individual claimants against Cordis Corporation, a medical device manufacturer. The trial court’s rulings deniedthe defendant’s...

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  • Florida Fourth DCA reverses $10 million verdict for plaintiff in Engle-progeny tobacco case, finding that trial court abused its discretion in overruling defense objections to several improper statements made by plaintiff’s counsel in closing arguments

    On July 14, 2021, in R.J. Reynolds Tobacco Company et al. v. Neff, No. 4D19-2646, the Florida Fourth DCA reversed a $10 million jury verdict for the plaintiff in an Engle-progeny tobacco brought by the Estate of a smoker who died from lung cancer...

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  • Florida Fourth DCA rules that trial court abused its discretion in denying a motion to change venue in a motor vehicle negligence case where the only connection to the county in which the action was filed was that that a non-resident corporation defendant had an agent for service there

    On July 14, 2021, in Eagle Transport Corporation of North Carolina, et al. v. Roch-Hernandez, No. 4D20-2663, the Florida Fourth DCA reversed a trial court ruling which had denied the defendants’ requested venue transfer from Broward to Alachua County...

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  • Florida Fourth DCA affirms defense verdict in Engle-progeny tobacco case, finds no error in trial court’s adverse inference instruction regarding plaintiff’s spoliation of medical record evidence

    On July 21, 2021, in Adamson v.R.J. Reynolds Tobacco Co., No 4D19-3242, the Florida Fourth DCA affirmed a final judgment for the defendant in an Engle-progeny tobacco case, rejecting the plaintiff’s argument that the trial court erred by including ...

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  • Florida Fourth DCA reverses trial court’s sanctions order against medical negligence defendant and his attorneys

    On July 21, 2021, in Cousins, et al, v. Duprey, No. 4D19-3602, the Florida Fourth DCA reversed a sanctions order entered by the trial court against a doctor and his attorneys in a medical negligence case. The trial court issued the sanctions...

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  • Florida Third DCA rules that trial court erred in not allowing defense expert to lay foundation for reading to jury passages from IME report as past recollection recorded

    On July 28, 2021, in United Automobile Insurance Company v. NB Sports Massage and Rehab Corp., No. 3D21-0107, the Florida Third DCA reversed a trial court’s directed verdict entered in favor of the plaintiff medical provider plaintiff in a...

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  • Florida Second DCA finds that personal injury plaintiff’s ex-attorney was entitled to fees calculated on quantum meruit basis rather than contingency fee contract

    On June 16, 2021, in Scherer v. Austin Roe Basquill, P.A., et al., No. 2D20-1116, the Florida Second DCA reversed a trial court ruling which had ordered a personal injury plaintiff to pay his former attorney’s charging lien based on the fees...

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  • Eleventh Circuit Court of Appeals rules that defendant insurance company did not act in bad faith by including a waiver of subrogation provision in proposed release, finding that plaintiff could not rely on Florida Second DCA case which was decided after alleged bad faith occurred

    On June 1, 2021, in Eres v. Progressive American Insurance Company, No. 20-11006, the Eleventh Circuit Court of Appeals affirmed a district court ruling that the defendant insurance company had not acted in bad faith...

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  • Florida First DCA affirms Daubert exclusion of expert causation testimony based on expert’s lack of experience with specific medical condition under review

    On June 3, 2021, in Huggins v. Siegel, No. 1D19-3987, the Florida First DCA ruled that a Daubert motion challenging proposed expert witness testimony was timely even though it was not filed until approximately 230 days...

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  • Florida Third DCA quashes trial court order requiring party’s retained expert to disclose records of money received during the preceding three years from plaintiff’s law firm

    On June 23, 2021, in Hidalgo v. Citizens Property Insurance Corporation, No. 3D20-1811, a case involving an alleged insurance policy breach, the Florida Third DCA ruled that the plaintiff’s engineering expert witness was not required...

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  • Eleventh Circuit of Appeals rejects federal prison inmate’s argument that “discretionary function” exception to Federal Tort Claim Act’s waiver of sovereign immunity should apply if state-law negligence claim also involves unconstitutional conduct

    On June 9, 2021, in Shivers v. United States of America, et al., No. 17-12493, the Eleventh Circuit Court of Appeals ruled that a federal prison inmate’s state-law negligence claim against prison officials under the Federal Tort Claims Act...

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  • Florida Fourth DCA rules that rusting water pipe was an “act of nature” subject to exclusion from coverage under homeowner’s insurance policy

    On June 2, 2021, in Dodge v. People’s Trust Insurance Company, No. 4D20-1199, the Florida Fourth DCA ruled that a water damage exclusion in a homeowner’s insurance policy excluding coverage for water damage ...

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  • Florida Third DCA rules that insured retained standing to sue insurance company for breach of homeowner’s insurance policy notwithstanding her prior transfer of property to LLC in which she had a 25% ownership interest

    On June 23, 2021, in Cole v. Citizens Property Insurance Corporation, etc., No. 3D19-1830, the Florida Third DCA reversed the trial court’s dismissal of the plaintiff’s complaint in a first-party insurance dispute involving...

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  • Florida Fifth DCA rules that defendant insurance company did not waive coverage defense by initiating appraisal process in first-party homeowner’s insurance dispute

    On June 25, 2021, in Safepoint Insurance Company v. Hallet, No. 5D20-206, the Florida Fifth DCA reversed a summary judgment entered by the trial court in favor of the plaintiffs in a declaratory judgment action brought...

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  • Florida Second DCA rules that payment made by UM insurer to settle a first-party bad faith claim was not subject to set-off from $30 million jury verdict against defendant in motor vehicle negligence case

    On June 11, 2021, in Ellison v. Willoughby, No. 2D19-1961, the Florida Second DCA affirmed a trial court ruling that the defendant in a motor vehicle negligence case was not entitled to a $3.99 million setoff from the $30 million jury verdict...

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  • Florida enacts major increases to compensation payable by Birth-Related Neurological Injury Compensation Association (“NICA”)

    On June 21, 2021, Governor DeSantis signed Senate Bill 1786 into law, which makes major increases to the compensation and benefits payable to the families of Florida children who have suffered birth-related neurological injuries...

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  • Florida Fifth DCA joins Eleventh Circuit, Third and Fourth DCAs in holding that PIP benefits are limited to $2,500 in the absence of an affirmative determination by a qualifying health care provider that the patient had an emergency medical condition

    On June 4, 2021, in Depositors Insurance Company v. Pasco-Pinellas Hillsborough Community Health System, No. 5D21-71, the Florida Fifth DCA ruled that the benefits payable under a personal injury protection (“PIP”)...

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  • Florida Third DCA rules that PIP insurer was equitably estopped from claiming that medical provider’s late submission of charges precluded payment; Court finds that insurer’s notice to insured that it was denying coverage was the cause of the late submission

    On June 16, 2021, in United Automobile Insurance Company v. Chiropractic Clinics of South Florida, No. 3D21-111, the Florida Third DCA affirmed a final judgment in favor of a medical provider in a case involving a dispute between...

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  • Florida Fourth DCA rules that medical provider had improperly “unbundled” billing codes to increase the amount billed to the insurance company

    On June 23, 2021, in Associates inFamily Practice of Broward, LLC v. Allstate Fire and Casualty Insurance Company, No. 4D21-173,a Personal Injury Protection (“PIP”) case, the Florida Fourth DCA affirmed a county court order in favor...

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  • Florida Fourth DCA rules in PIP case that State Farm was entitled to discount payments to MRI provider for three MRIs performed on same day based on Medicare’s Multiple Procedure Payment Reduction

    On May 26, 2021, in State Farm v. Stand Up MRI of Boca Raton, P.A., No. 4D21-310, the Florida Fourth DCA reversed a county court’s summary judgment for the plaintiff medical provider in a Personal Injury Protection (PIP) insurance case...

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  • Florida Fourth DCA rules that medical provider’s PIP lawsuit was premature because provider had failed to respond to insurer’s numerous Fla. Stat. § 627.736(6)(b) requests for “emergency medical condition” documentation

    On June 30, 2021, in Garrison Property & Casualty Insurance Company v. Aventura Orthopedicare Center, P.A., No. 4D21-379, the Florida Fourth DCA reversed a judgment for the medical provider in a case in which the medical provider...

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  • Florida Second DCA rules that plaintiff’s acceptance of late periodic payments under settlement agreement with defendant did not constitute implicit revision of the agreement

    On May 26, 2021, in Mortellaro v. Caribe Health Center, Inc. et al., No. 2D19-4473, the Florida Second DCA ruled that the defendant in a premises liability lawsuit had materially breached the time limitations for the installment...

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  • Florida First DCA affirms directed verdict for defendant hospital in slip and fall case, finding that plaintiff did not present sufficient evidence that a foreign substance was on the hallway floor where she fell

    On June 1, 2021, in Tallahassee Medical Center, v. Kemp, No. 1D19-2437, the Florida First DCA reversed the trial court’s denial of a defendant’s directed verdict motion in a slip and fall case, concluding that the plaintiff did not present ...

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  • Eleventh Circuit grants FDA request to enjoin South Florida company from marketing stem cell treatment

    On June 2, 2021, in USA v. US Stem Cell Clinic, LLC, et al, No. 19-13276, the Eleventh Circuit Court of Appeals affirmed a SDFL district court summary judgment for the FDA enjoining the defendant company from offering a procedure...

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  • Florida Second DCA rules that defendant insurance company in first-party bad faith action was not entitled to work product protection from production of case file, distinguishing discovery in bad faith action from discovery in underlying denial of benefits lawsuit

    On June 30, 2021, in American Home Assurance Company Inc. v. Sebo, No. 2D20-2202, the Florida Second DCA denied the certiorari petition of an insurance company defendant in a first-party bad faith action. The plaintiff had sued...

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  • Florida Fourth DCA rules that hospital credentialing committee documents were immune from discovery under Fla. Stat. § 395.0193(8) regardless of their previous disclosure by hospital to third party outside credentialing committee

    On June 2, 2021, in South Broward Hospital District v. Feldbaum No. 4D20-1972, the Florida Fourth DCA quashed a trial court order which had required a hospital to produce allegedly privileged documents to a vascular surgeon ...

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  • Florida Supreme Court holds that insurer has standing through its contractual subrogation provision to maintain a malpractice action against legal counsel hired to represent the insured where the insurer had a duty under the policy to defend the insured

    On June 3, 2021, in Arch Insurance Company v. Kubicki Draper, LLP, No. SC19-673, the Florida Supreme Court determined that an insurer has standing through its contractual subrogation provision to maintain a malpractice action against...

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  • Florida Second DCA rules that trial court erred in dismissing professional negligence complaint alleging that plaintiff was third party beneficiary of estate planning performed by law firm for her grandmother

    On June 23, 2021, in Ellerson v. Moriarty, et al., No. 2D20-2563, a legal malpractice case, the Florida Second DCA reversed a trial court’s order dismissing the plaintiff’s case. The law firm defendant in the case had been retained...

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  • Florida Third DCA reverses motor vehicle negligence verdict and remands for new trial, holding that trial court erred in allowing defense to introduce evidence not disclosed until three business days before trial

    On June 2, 2021, in Montero v. Corzo, No. 3D20-406, the Florida Third DCA reversed a trial verdict in a motor vehicle negligence case and remanded for a new trial. The plaintiff had appealed the verdict in his favor on the basis...

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  • Florida Third DCA reverses summary judgment allowing judgment creditor to pierce corporate veil of judgment debtor

    On June 2, 2021, in Segal v. Forastero, Inc., No. 3d21-89, the Florida Third DCA addressed the issue of whether the judgment creditor in a supplemental proceeding in aid of execution was entitled to pierce the corporate veil...

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  • Florida First DCA rules that trial court did not abuse discretion in denying mistrial in motor vehicle negligence case despite defense counsel’s reference to the plaintiff’s insurance

    On June 16, 2021, in Winters v. Harper, No. 1D19-1650, the Florida First DCA ruled in a motor vehicle negligence case that the trial court’s denial of the plaintiff’s mistrial motion after two references to insurance coverage occurred...

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  • Florida Fifth DCA affirms trial c ourt’s denial of plaintiff’s motion for new trial in motor vehicle negligence case involving defense counsel’s submission of improper material under cover of a bulk exhibit

    On June 18, 2021, in Bowers v. Tillman, et al., No. 5D19-1757, the Florida Fifth DC affirmed a trial court’s ruling denying a plaintiff’s motion for a new trial. The plaintiff’s new trial motion was based on multiple alleged errors, including...

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  • Florida Second DCA rules that whether Sarasota County had unwritten contract with private hospitals and thereby waived sovereign immunity from liability for reimbursement of the costs of indigent care is a jury question not subject to summary judgment

    On June 16, 2021, in Sarasota County Public Hospital District and Sarasota County v. Venice HMA, LLC, et al., No. 2D19-3745, the Florida Second DCAdenied the defendant County’s certiorari petition for relief from the trial court’s denial...

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  • Florida Fourth DCA reverses judgment for plaintiff in tobacco litigation case and remands for new trial based on improper closing argument by plaintiff’s counsel likening defendant to Orwellian “Big Brother”

    On June 30, 2021, in R.J. Reynolds Tobacco Company, et al. v. Mahfuz, No. 4D19-2236, the Florida Fourth DCA reversed a judgment for the plaintiff in a tobacco litigation case, finding that statements made by the plaintiff’s attorney during...

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  • Florida First DCA rules in Worker’s Compensation case that Employer/Servicing Agent forfeited right to select one-time change physician under Fla. Stat. § 440.13(2)(f)due to delay in following up with new doctor after initial selection

    On June 16, 2021, in St. Lucie Public Schools/Relation Insurance Services of Florida v. Alexander, No. 1D20-2266, the Florida First DCA affirmed a Judge of Compensation Claims (JCC) ruling that a Worker’s Compensation (WC) claimant...

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  • Florida First DCA rules that worker’s compensation recipient was not entitled to reimbursement for cost of evaluation for medical marijuana prescription

    On June 30, 2021, in Jones v. Grace Healthcare, No. 1D19-1684, the Florida First DCA ruled that a worker’s compensation claimant was not entitled to reimbursement under Florida’s worker’s compensation laws for...

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  • Eleventh Circuit rules that Florida’s wrongful death statute applies to maritime wrongful death case involving cruise ship company based in Florida since decedent’s home state of Wisconsin does not apply its wrongful death statute to deaths occurring outside of Wisconsin

    On June 21, 2021, in Goodloe v. Royal Caribbean Cruises, Ltd, No. 19-14324, the Eleventh Circuit Court of Appeals affirmed a district court ruling that Florida law governed the award of non-economic damages in a maritime case involving...

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  • Eleventh Circuit Court of Appeals affirms dismissal of civil rights case against Deputy Fire Marshal accused of violating plaintiff nightclub owner’s Fourth Amendment rights by conducting warrantless fire inspection of nightclub

    On May 6, 2021, in Fuqua v. Tuner, et al. No. 19-13877, the Eleventh Circuit Court of Appeals affirmed a summary judgment for the defendant law enforcement officers and deputy fire marshal in a 42 U.S.C. § 1983 civil rights case in which the plaintiff...

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  • Eleventh Circuit panel rules that it is bound by Circuit precedent to extend Eleventh Amendment immunity from civil liability to county sheriff for alleged sexual assault by deputy at county jail

    On May 7, 2021, in Andrews v. Biggers, et al. No. 20-11469, the Eleventh Circuit Court of Appeals affirmed a U.S. district court ruling that the defendant county sheriff in as 42 U.S.C. § 1983 civil rights case involving alleged sexual abuse by a deputy sheriff...

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  • Eleventh Circuit rules that plaintiff waived objection to defendant’s tardy removal of medical negligence case to federal court by not raising the procedural issue within the statutory 30-day time limit

    On May 6, 2021, in Shipley v. Helping Hands Therapy, et al., No. 19-13812, the Eleventh Circuit Court of Appeals reversed a district court order which had remanded a medical negligence case back to state court...

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  • Florida Second DCA rules that defendant waived objection to personal jurisdiction by not timely raising the issue earlier by motion or responsive pleading

    On May 12, 2021, in Century-National Insurance Company v. Frantz, No. 2D20-522, the Florida Second DCA reversed a trial court’s ruling in an insurance declaratory judgment action which denied the plaintiff insurance company’s motion for a final default judgment...

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  • Eleventh Circuit Court of Appeals rules that Florida law, not maritime law, applies to determine the effect of plaintiff’s alleged breach of warranties in first-party maritime insurance case

    On May 6, 2021, in Travelers Property Casualty Insurance Company of America v. Ocean Reef Charters LLC, No. 19-13690, the Eleventh Circuit Court of Appeals reversed a U.S. district court summary judgment for the defendant insurance company in an action bought by its insured for the loss of a yacht...

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  • Florida First DCA reverses trial court’s venue transfer, rules that car insurance policy provision requiring policy coverage disputes to be litigated “where the policy was issued”is ambiguous and must be construed against the insurer

    On May 4, 2021, in Robles v. United Automobile Insurance Company, No. 1D20-1335, the Florida First DCA reversed a trial court order transferring a motor vehicle first-party insurance declaratory judgment action from Escambia County, where the insured plaintiff lived, to Miami-Dade County, where the insurer has its headquarters...

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  • Florida Second DCA reverses trial’s court’s directed verdict for defendant in premises liability case involving sickened restaurant customer, ruling that plaintiff’s medical expert did not engage in impermissible inference stacking

    On May 5, 2021, in Martinez v. Lobster Haven, LLC, No. 2D19-2399, the Florida Second DCA reversed a trial court’s order granting the defendant restaurant operator a directed verdict in a personal injury lawsuit filed a restaurant patron who became ill after a seafood dinner...

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  • Florida Third DCA reverses directed verdict for defendant in motor vehicle negligence rear end collision case, finding jury could have reasonably inferred negligence despite evidence that defendant was unconscious at the time of the collision

    On May 5, 2021, in Hernandez v. Mishali, No. 3d19-1544, the Florida Third DCA reversed a directed verdict entered by a Circuit Judge for the defendant in a motor vehicle rear end collision negligence case. The Circuit Judge, who had not presided over the preceding trial which had returned a verdict for the plaintiff...

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  • Florida Fourth DCA rules that at-fault driver’s Geico motor vehicle liability insurance policy did not cover accident involving vehicle owned by third party and made available for regular use by driver

    On May 12, 2021, in Geico Indemnity Company v. Walker, et al., No. 4D20-764, the Florida Fourth DCA reversed a trial court ruling in a motor vehicle negligence wrongful death case that Geico, the at-fault driver’s insurer, was liable for payment of its policy limits to the estate of a passenger who died in the single car accident...

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  • Florida Third DCA reverses defense verdict in motor vehicle negligence case and remands for new trial because of trial court’s erroneous denial of plaintiff’s motion to strike prospective juror for cause

    On May 5, 2021, in Rivas v. Sandoval, No. 3D19-2402, the Florida Third DCA reversed a jury verdict for the defendant in motor vehicle negligence case and remanded the case for a new trial after concluding that the trial court erred in denying plaintiff counsel’s motion to strike a prospective juror for cause...

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  • Florida Fourth DCA reverses county court’s venue transfer because of movant’s failure to verify motion or provide supporting affidavit

    On May 12, 2021, in Miracle Chiropractic & Rehab Center v. 21st Century Centennial Insurance Company, No. 4D21-616, the Florida Fourth DCA reversed a county court’s order transferring a lawsuit from Broward County to Polk County. The Fourth DCA concluded that the trial court had erred...

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  • Florida Fourth DCA rules that trial court erred when it allowed the plaintiff to introduce evidence of the amount billed by medical providers instead of the discounted amount Medicare paid in full satisfaction of her expenses

    On May 19, 2021, in Gulfstream Park Racing Association, Inc. v. Volin, No. 4D19-3471, the Florida Fourth DCA reversed a personal injury judgment for the plaintiff in a premises liability negligence caseinvolving a slip and fall at Gulfstream Park in Hallandale Beach, Florida...

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  • Florida Fifth DCA quashes trial court denying personal injury defendant discovery of discounts agreed upon when the plaintiff’s medical provider sold the plaintiff’s unpaid accounts to a factoring company

    On May 21, 2021, in Osceola County Board of County Commissioners v. Sand Lake Surgery Center, et al., No. 5D2-1267, the Florida Fifth DCA quashed a trial court order in a personal injury case which had denied the defendant discovery from the plaintiff’s health care provider of the amount of the original medical bills...

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  • Florida Fourth DCA rules that Broward County Sheriff and detention personnel were not protected by sovereign immunity for “operational level” actions allegedly resulting in harm to Broward County Jail inmate

    On May 5, 2021, in Williams v. Tony et al., No. 4D20-1342, the Florida Fourth DCA reversed the trial court’s dismissal of the lawsuit of a plaintiff who claimed he was the victim of negligence and excessive force by Broward County Sheriff’s Office detention officers at the Broward County Jail...

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  • Florida First DCA rules that premises liability plaintiff’s failure to properly identify “appropriate agency” in presuit notice under Fla. Stat. § 768.28(6) constituted valid basis for summary judgment and reverses trial court’s denial of defendants’ summary judgment motions

    On May 12, 2021, in City of Jacksonville, et al. v. Boman, No. 1D20-658. The Florida First DCA reversed a trial court order which had denied the defendants’ motion for summary judgment in a premises liability case filed by a plaintiff who injured herself by falling into a manhole...

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  • Florida Fourth DCA rules that security company hired by Broward County qualified as “state agency of subdivision” subject to $200.000/$300,000 sovereign immunity cap on tort liability

    On May 12, 2021, in Lovelace v. G4S Secure Solutions (USA), Inc., No. 4D20-1434, the Florida Fourth DCA affirmed a trial court’s decision that a security company working as an independent contractor for Broward County was entitled to sovereign immunity in a premises liability case involving an accident...

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  • Florida Fourth DCA rules that high school basketball game was “operational level event” entitling defendant school board to sovereign immunity from lawsuit by student injured in crowd

    On May 19, 2021 in School Board of Broward County v. McCall, No. 4D19-104, the Florida Fourth DCA ruled that the defendant School Board was not liable for injuries sustained by a student when he fell while running with a crowd of spectators following a high school basketball game...

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  • Florida Fifth DCA rules that trial court’s award of attorney’s fees and costs to defendant under proposal for judgment statute, Fla. Stat. § 768.79, erroneously included expert witness fess for expert who did not testify at trial

    On May 14, 2021, in Pelecki v. Federates National Insurance Company, No. 5D19-3702, the Florida Fifth DCA issued a per curiam affirmance of a trial court’s award of fees and costs to the defendant in a first party homeowner’s insurance case in which the defendant had made a $5,000 pretrial proposal for settlement...

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  • Florida First DCA rules that personal injury plaintiff waived his right to contest amount of Medicaid lien by failing to file DOAH petition by statutory deadline of 21 days from deposit of lien amount in an interest-bearing trust account for the benefit of AHCA

    On May 17, 2021, in Mathers v. Agency for Health Care Administration, No. 1D19-4407, the Florida First DCA affirmed a decision by an Administrative Law Judge (ALJ) dismissing as untimely the petition by a personal injury plaintiff challenging the amount of the Medicaid lien on his settlement...

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  • Florida Second DCA rules that trial court erred in allowing insured under State Farm UM policy to benefit from policy stacking provisions when stacking was affirmatively rejected as part of policy renewal process

    On May 21, 2021, in State Farm Fire and Casualty Insurance Company v. Wilson, No. 2D19-4046, the Florida Second DCA reversed a trial court ruling that the insured under an uninsured motorist (UM) insurance policy was entitled to UM coverage for injuries sustained while riding a motorcycle not listed as a covered vehicle...

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  • Florida Fourth DCA rules that PIP insurer was not entitled to reduce payments to health care provider by 2% based on Medicare schedule intended to apply only to Medicare payments

    On May 19, 2021, in Sunrise Chiropractic and Rehabilitation Center, Inc. v. Security National Insurance Company, No. 4D21-188, the Florida Fourth DCA ruled that the defendant insurer in a county court case filed by a medical provider for the recovery of Personal Injury Protection (PIP) benefits...

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  • Eleventh Circuit Court of Appeals abandons long standing precedent which had barred the award of punitive damages in a prisoner’s civil rights action where no physical injury was shown

    On April 9, 2021, in Hoever v. Marks, et al., No. 17-10792, the Eleventh Circuit Court of Appeals abandoned long standing precedent within the Circuit which had barred the award of punitive damages in a prisoner’s civil rights action where no physical injury was shown...

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  • Eleventh Circuit Court of Appeals rules in civil rights case that officer’s “arguable probable cause” to believe that he could conduct a warrantless search of the plaintiff’s home under exigent circumstances exception to warrant requirement precluded summary judgment for plaintiff

    On April 6, 2021, in Hardigree v. Lofton et al., No. 190-13352, the Eleventh Circuit Court of Appeals reversed an unlawful entry summary judgment for the plaintiff in a civil rights case involving an allegedly unconstitutional warrantless search of the plaintiff’s home...

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  • Eleventh Circuit Court of Appeals affirms summary judgment for defendant police officer in civil rights case alleging that the officer violated the plaintiff’s constitutional rights by seizing his cell phone at accident scene

    On April 20, 2021, in Crocker v. Deputy Sheriff Steven Eric Beatty, No. 18-14682, the Eleventh Circuit Court of Appeals affirmed a U.S. district court order granting summary judgment to the defendant law enforcement officer ...

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  • Florida Supreme Court approves amendments to procedural rules requiring documents served but not filed with the court to be subject to same electronic service requirements as filed documents

    On April 8, 2021, the Florida Supreme Court approved proposed amendments to the Florida Rule of Civil Procedure 1.080, Florida Small Claims Rule 7.221, Florida Rules of Appellate Procedure ...

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  • Florida Supreme Court approves amendment to medical malpractice presuit screening rule, Fla. R. Civil Procedure 1.650, to conform to Florida’s medical malpractice statute regarding presuit discovery methods

    On April 8, 2021, the Florida Supreme Court approved amendments to Florida Rule of Civil Procedure 1.650 (Medical Malpractice Presuit Screening Rule) to create consistency with the current version of section ...

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  • Florida Third DCA finds “bald repudiation” doctrine inapplicable to alleged discrepancies between IME doctor’s summary judgment affidavit and deposition testimony in PIP lawsuit

    On April 14, 2021, in United Automobile Insurance Company, etc., v. Gables Rehab, Inc., etc., No. 3D21-91, the Florida Third DCA reversed a trial court order which had granted summary judgment in favor of a health care provider ...

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  • Florida Fourth DCA affirms order granting plaintiff new trial in motor vehicle wrongful death case, finding that trial court improperly rejected plaintiff counsel’s race-neutral justification for exercise of peremptory strike of last African American in jury venire

    On April 14, 2021, in Lafayette, et al., v. Moody, et al., No. 4D18-3657, the Florida Fourth DCA affirmed a trial court granting a new trial to the plaintiff in a wrongful death/motor vehicle negligence lawsuit...

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  • Florida Supreme Court further amends Florida’s summary judgment rule, Fla. R. Civ. P. 1.510, to mirror more lenient federal summary judgment standard

    As previously reported in this blog, on December 31, 2020, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.510, governing summary judgments in civil cases, by adopting the more lenient standard applicable in federal court...

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  • Florida First DCA rules that motor vehicle negligence plaintiff waived argument that evidence at trial was insufficient to apportion comparative negligence by failing to make a timely motion for directed verdict at trial

    On April 30, 2021, in Strickland v. State Farm, No. 1D20-70, the Florida First DCA affirmed a trial court ruling denying the motion by the plaintiff for summary judgment on the issues of liability and comparative negligence ...

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  • Florida First DCA rules that appellate attorney fees are recoverable under Florida’s Proposal for Settlement Statute, Fla. Stat. § 768.79, adhering to Florida Supreme Court precedent

    On April 26, 2021, in Seadler v. Marina Bay Resort Condominium Association, No. 1D19-850, the Florida First DCA followed the Florida Supreme Court precedent in Frosti v. Creel, 979 So. 2d 912, 917 (Fla. 2008) ...

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  • Florida Third DCA rules that Florida’s “two-issue” rule precluded appellate review of trial court’s admission of expert testimony because jury’s general verdict could have been founded on theories of liability not addressed by expert testimony

    On April 28, 2021, in Royal Caribbean Cruises, Ltd., v. Spearman, No. 3D18-2188, the Florida Third DCA reversed a $20.3 million final judgment for the plaintiff in a personal injury cases filed by a cruise ship employee who suffered...

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  • Florida Fourth DCA rules that plaintiff’s submission in support of motion to add punitive damages claim was insufficient, noting that no depositions, affidavits or documentary evidence were submitted with the motion

    On April 7, 2021, in White v. Boire, No. 2D20-2021, the Florida Second DCA granted the certiorari motion of a defendant in a pending civil action in which the trial court had granted the plaintiffs’ motion to amend their complaint ...

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  • Florida Third DCA rules that commercial liability insurer’s policy language precluded coverage for damages arising from assault and battery that occurred on the insured’s premises

    On April 7, 2021, in Sierra Auto Center, Inc., et al, v. Granada Insurance Company, et al, No. 3D19-2388, the Florida Third DCA affirmed a trial court ruling in a declaratory judgment action that the defendant insurance company had no duty...

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  • Florida Fourth DCA rules that in the absence of a physical injury, case alleging plaintiffs’ mental anguish caused by police officers’ negligent handling of a dead body was barred because the defendant police department was immune from liability forwillful or wanton conduct of its employees

    On April 7, 2021, in Sharkey, et al. v. Hallandale Beach Police Department, et al, No. 4D20-1602, the Florida Fourth DCA affirmed a trial court’s dismissal of an action for mental anguish based on allegedly negligent handling...

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  • Florida Third DCA affirms dismissal of a defamation case against South Florida television station, finding that “substantial truth” doctrine shielded defendant from potential liability

    On April 14, 2021, in Readon v. WPLG, LLC, et al., No. 3D20-340, the Florida Third DCA affirmed the dismissal of a defamation lawsuit filed by a Miami area pastor against a local television station, WPLG...

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  • Florida Third DCA reverses trial court ruling denying defense motion to dismiss medical negligence case for lack of personal jurisdiction, remands for trial court to follow proper procedure in resolving conflicting claims re application of Florida’ long arm statute

    On April 14, 2021, in Team Health Holdings Inc. v. Caceres, et al., No. 3D20-0942, the Florida Third DCA reversed a trial court’s ruling which had denied a medical negligence defendant’s motion to the dismiss the complaint ...

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  • Eleventh Circuit Court of Appeals rules in medical device product liability case that plaintiff expert’s lack of experience performing robotic as opposed to conventional laparoscopic hysterectomies did not disqualify him from testifying about whether a robotic tool caused the plaintiff’s injuries

    On April 22, 2021, in Moore v. Intuitive Surgical, Inc., No. 19-10869, the Eleventh Circuit Court of Appeals reversed a summary judgment that had been entered by the district court for the defendant medical device manufacturer ...

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  • Eleventh Circuit rules that Florida’s recreational use statute, Fla. Stat. § 375.251, applies to all visitors of qualifying recreation areas regardless of the visitor’s status, including business visitors

    On April 27, 2021, in Fisher v. United States, No. 19-13626, the Eleventh Circuit Court of Appeals affirmed a U.S. district court’s order dismissing a premises liability action involving a slip and fall accident at a public beach ...

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  • Eleventh Circuit rules that Florida’s learned intermediary doctrine does not contain a “financial bias” exception covering situations where the doctor and the manufacturer have a financial relationship

    On April 29, 2021, in Salinero v. Johnson & Johnson, et al., No. 20-10900, the Eleventh Circuit Court of Appeals affirmed a summary judgment for the defendant surgical mesh manufacturer in a product liability...

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  • Eleventh Circuit Court of Appeals affirms summary judgment for defendant police officer in civil rights case brought by widow of slain taxicab driver

    On March 5, 2021, in Prosper v. Martin, No. 19-12857, the Eleventh Circuit Court of Appeals affirmed a district court’s summary judgment for the defendant police officer on qualified immunity grounds...

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  • Florida Second DCA rules that pre-1999 punitive damages statute applies to Engle-progeny wrongful death tobacco case, certifying conflict with Florida Fifth DCA

    On March 3, 2021, in R.J. Reynolds Tobacco Company v. Jones, No. 2D19-3537, the Florida Second DCA affirmed a judgment for the plaintiff in an Engle-progeny wrongful death action against the defendant tobacco company...

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  • Florida Third DCA quashes non-party subpoena, finds that defendant Geico has standing to object on privilege grounds to disclosure by third-party company of data identified by contract as Geico’s proprietary confidential data not subject to disclosure to third persons

    On March 3, 2021, in Geico Casualty Company, et al, v. MSP Recovery Claims, et al., No. 3D20-1506, the Florida Third DCA granted a petition by Geico Casualty Company to quash a non-party subpoena that had been issued to another company...

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  • Florida Fifth DCA rejects claim of judicial estoppel as grounds for denying defendant in motor vehicle negligence case discovery as to whether a prior settlement was reached with plaintiff

    On March 5, 2021, in Marrero v. Rea, No. 5D20-1612, the Florida Fifth DCA granted the certiorari petition of the defendant driver in a motor vehicle negligence case and quashed trial court orders which prohibited the parties from engaging in any discovery...

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  • Florida Supreme Court issues new Administrative Order No. AOSC20-23 governing Covid-19 measures in Florida Trial Court

    On March 9, 2021, the Florida Supreme Court issued Administrative Order No. AOSC20-23, “Comprehensive Covid-19 Emergency Measures for Florida Trial Courts,” the latest pronouncement by the Florida Supreme Court on the evolving trial court procedures to address the Covid-19 epidemic...

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  • Seventh Judicial Circuit Chief Judge announces that in-person jury trial may resume in Flagler, Putnam, St. Johns, and Volusia counties effective March 15, 2021

    On March 9, 2021, Seventh Judicial Circuit Chief Judge Raul A. Zambrano announced that in-person jury trials in Flagler, Putnam, St. Johns, and Volusia counties may resume effective March 15, 2021...

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  • Florida First DCA rules that defendants’ joint proposal for settlement was unenforceable by plaintiff since a material condition, the release of the defendants from further liability, had already been partly accomplished by one defendant’s acceptance of a proposal for settlement from the plaintiff

    On March 10, 2021, in Ketterling v. Morris, No. 1D20-37, the Florida First DCA reversed a trial court ruling and held that the defendant in a motor vehicle negligence case had not made an enforceable proposal for settlement to the plaintiff ...

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  • Florida Fourth DCA reverses trial court order which had granted defamation defendant’s remittitur motion and reduced plaintiff’s judgment from $550,000 to $100,000

    On March 10, 2021, in Fernalld v. ABB, Inc. et al, No. 4D19-3511, the Florida Fourth DCA reversed a trial court’s ruling that had granted a defendant’s motion for remittitur of the amount of the judgment against him in a defamation case. The jury had awarded the plaintiff $550,000...

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  • Florida Fourth DCA rules in UIM motor vehicle negligence case in which plaintiff’s vehicle was allegedly struck in succession by two vehicles that trial court did not err in instructing jury that multiple impacts can constitute one “accident” under UIM policy if there is one proximate, uninterrupted and continuing cause of injury

    On March 10, 2021, in Belt v. USAA Casualty Insurance Company, No. 4D20-339, the Florida Fourth DCA affirmed a final judgment for the defendant in anuninsured motor vehicle negligence case, rejecting a claim by the plaintiff that the trial court erred in instructing the jury...

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  • Florida Second DCA rules that defendant could not file valid proposal for settlement upon a plaintiff added in an amended complaint until 90 days elapsed from the time of the filing of the amended complaint

    On March 17, 2021, in Arizone, et al. v. Homeowners Choice Property & Casualty Insurance Company, Inc., No. 2D18-1116, the Florida Second DCA ruled that a defendant’s proposal for settlement against a plaintiff in a property insurance breach of contract case was invalid...

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  • Florida Second DCA rules that trial court committed reversible error in denying plaintiff’s new trial motion by not expressly ruling on whether trial verdict was against the manifest weight of the evidence

    On March 17, 2021, in Lively v. Grandhige, et al., No. 2D19-1713, the Florida Second DCA reversed a trial court order denying a plaintiff’s motion for a new trial in a medical negligence case on the basis that the defense verdict was against the manifest weight of the evidence...

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  • Florida Third DCA rules that trial court erred in not addressing defendant’s argument that medical negligence plaintiff failed to follow pre-suit requirements by not submitting expert medical affidavit

    On March 17, 2021, in Dial 4 Care, Inc., v. Brinson, et al., No. 3d20-1644, the Florida Third DCA granted a medical negligence defendant’s certiorari petition and quashed a trial court order dismissing the defendant’s motion to dismiss the complaint. The defendant maintained...

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  • Florida First DCA rules that since Medicaid recipient died before settlement of personal injury case,amount of Medicaid lien cannot be challenged based on dispute about what part of an undifferentiated settlement is allocable to past medical expenses

    On March 26, 2021, in Cabrera v. State of Florida, Agency for Health Care Administration, No. 1D18-755, the Florida First DCAaffirmed an Administrative Law Judge‘s dismissal of a plaintiff’s petition challenging a Medicaid lien which had been applied against his personal injury settlement...

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  • Florida First DCA affirms summary judgment for defendant in defamation case, finding plaintiff’s submission of unsworn and otherwise unauthenticated letter from third party did not constitute “summary judgment evidence” and was properly rejected by the trial court

    On March 24, 2021, in Garback, et al. v. Gayle, No. 1D20-988, the Florida First DCA affirmed a summary judgment for the defendant in a defamation case because the plaintiff failed to submit competent summary judgment evidence to counter the defendant’s affidavit in which he denied making the alleged defamatory statements...

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  • Florida Second DCA rules that insurance company which did not provide liability coverage to its insured but provided courtesy representation at trial could not be joined as a codefendant in the final judgment

    On March 26, 2021, in Security National Insurance Co. v. Gonzalez, No. 2D18-3427, the Florida Second DCA considered a motor vehicle negligence case involving the application of § 727.4136, Florida States, Florida’s nonjoinder statute, which permits ...

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  • Florida Second DCA rules that trial court erred in allowing psychotherapist to invoke the psychotherapist-patient privilege in a child custody hearing as to matters previously disclosed concerning the child’s treatment in a prior deposition and hearing

    On March 26, 2021, in S.H.Y v. P.G., No. 2D19-4646, the Florida Second DCAreversed a trial court ruling following a child custody hearing, finding that the trial court erred in allowing a psychotherapist to belatedly raise the psychotherapist-patient privilege...

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  • Florida Third DCA affirms judgment for plaintiff in medical negligence case, finds no clear error in trial court’s denial of defense attempt to exercise peremptory strike of African American juror

    On March 24, 2021, in Hialeah Hospital, Inc. v. Hayes-Boursiquot, etc., No. 3D20-0050, the Florida Third DCA affirmed a jury verdict for the plaintiff in a medical negligence case, rejecting a defense argument that the trial court had committed reversible error...

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  • Florida Third DCA quashes trial court order which had found that work product privilege as to defendant’s incident report was waived by defendant’s corporate representative’s use of report to refresh recollection in deposition, remands with direction to trial court to conduct in camera review of video deposition

    On March 24, 2021, in Onward Living Recovery Community, LLC et al, v. Mormeneo, etc., the Florida Third DCA granted a certiorari petition by the defendant in wrongful death case and quashed a trial court order finding no work product protection...

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  • Florida Fourth DCA rules that wrongful death claim arising from mid-air collision of two planes insured under one policy was subject to a single $1 million insurance coverage limit

    On March 24, 2021, in Endurance Assurance Corp. v. Hodges, et al, No. 4D20-751, a wrongful death case involving a mid-air collision between two flight school airplanes, the Florida Fourth DCA ruled that the accident constituted one occurrence...

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  • Florida Fourth DCA quashes trial court order requiring production of plaintiff’s mental health records

    On March 24, 2021, in Ern v. Springer, et al. No. 4D20-2107, the Florida Fourth DCA granted the certiorari petition of the plaintiff in a motor vehicle negligence case and quashed a trial court order requiring production of the plaintiff’s mental health records...

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  • Eleventh Circuit Court of Appeals rules that district court properly exercised admiralty jurisdiction over medical negligence complaint involving care rendered on cruise ship because providing care and comfort to passengers is a traditional maritime activity

    On March 29, 2021, in Buland v. NCL (Bahamas) Ltd., No. 19-13012, the Eleventh Circuit Court of Appeals made several notable rulings and in an admiralty case involving a cruise ship passenger who allegedly was injured due to medical negligence by the cruise ship medical staff...

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  • Florida Third DCA affirms dismissal of premises liability slip and fall lawsuit on the grounds of forum non conveniens, finding Jamaica is proper venue for accident occurring there even though defendant is a Florida corporation

    On March 31, 2021, in Fasang-Brown, et al. v. Visit Us, Inc., etc. No. 3D20-388, the Florida Third DCA decided a case presenting an example of the unusual circumstance in which a lawsuit against a defendant domiciled in the plaintiff’s chosen forum may nevertheless be dismissed...

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  • Florida Fourth DCA partially reverses judgment for plaintiff in defamation case, finds that trial court erred in accepting the plaintiff’s unliquidated damages claim without conducting an evidentiary hearing

    On March 31, 2021, in Stamper v. Sahai, No. 4D19-3469, the Florida Fourth DCA partially reversed a judgment for the plaintiff in a defamation lawsuit filed by a surgeon against a former patient. After the defendant failed to respond to discovery...

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  • Florida Fourth DCA rules that watercraft exclusion in homeowner’s policy precluded coverage for policy owner’s son while operating policy owner’s boat notwithstanding “severability” clause in policy

    On March 31, 2021, in Aiello v. ASI Preferred Corp. et al, No. 4D20-1078, the Florida Fourth DCA affirmed a summary judgment entered for the defendant homeowner insurance provider against its insured in a declaratory judgment action which had been filed by the insured...

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  • Florida Fourth DCA affirms county court’s summary judgment for the defendant insurer in PIP case, finding that plaintiff waited too long to amend complaint

    On March 31, 2021, in Bronstein v. Allstate Insurance Company, No. 4D21-4, the Florida Fourth DCA affirmed a summary judgment in favor of the defendant PIP insurer. The sole issue initially raised in the case was whether Allstate had properly elected the payment limitations...

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  • Eleventh Circuit rules that “ascertainability” of proposed class in class action lawsuit is not dependent on administrative feasibility of identifying class members

    On February 2, 2021, in Cherry, et al, v. Dometic Corporation, No. 19-13242, the Eleventh Circuit Court of Appeals reversed a U.S. district court’s dismissal of a class action lawsuit filed by the putative class representatives...

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  • Eleventh Circuit concludes that plaintiff in proposed class action lawsuit on behalf of restaurant customers affected by customer information data breach did not have standing because no concrete injury has yet occurred

    On February 4, 2021, in Tsao v. Captiva MVP Restaurant Partners, LLC, No. 18-14959, the Eleventh Circuit Court of Appeals affirmed a district court order dismissing a proposed class action lawsuit brought by a customer ...

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  • Florida Second DCA rejects motor vehicle negligence defendant’s attempt to discover trade secrets from third party medical provider

    On February 5, 2021, in Gulfcoast Spine institute, LLC, et al, v. Walker, et al, No. 2D19-4220, the Florida Second DCA granted a certiorari petition from a non-party medical provider in a motor vehicle negligence case ...

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  • Florida Third DCA rules that defendant in civil sexual battery case has a valid Fifth Amendment right not turn over documents because of reasonable fear of future criminal prosecution

    On February 3, 2021, in Shimon v. R.B., No. 20-18188, the Florida Third DCA granted a defendant’s writ for certiorari and quashed an order in a civil sexual battery case requiring him to provide documents in discovery...

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  • Florida Fifth DCA reverses summary judgment for defendant hospital in medical negligence case, finding jury issue regarding whether an independent contractor on-call surgeon was an apparent agent of the hospital

    On February 5, 2021, in Luebbert v. Adventist Health System/Sunbelt, Inc., et al, No. 5D19-2824, the Florida Fifth DCA reversed a trial court’s summary judgment in favor of the defendant hospital in a medical negligence case...

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  • Florida Second DCA rejects certiorari petition from party seeking relief from production of allegedly privileged documents, finding that petition was premature because no privilege log had yet been produced to the trial court

    On February 10, 2021, in The Hertz Corporation et al, v. Sider, No. 2D20. The Florida Second DCA denied a certiorari petition by the plaintiff rental car company in a lawsuit against a former employee...

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  • Florida Third DCA concludes that plaintiff attorney’s accusation in closing argument that defense counsel and expert witness were “liars’ and sexist comments about defense counsel constituted fundamental error requiring a new trial

    On February 10, 2021, in Florida Peninsula Insurance Company v. Nolasco, No. 3D19-1393, the Florida Third DCA reversed a trial court ruling denying the defendant insurance company a new trial...

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  • Florida Fourth DCA reverses $10 million judgment for plaintiff in Engle-progeny tobacco case, finding that trial court erred in admitting decedent smoker’s hearsay statement that she had heard “from the advertising” that filtered cigarettes were safe

    On February 10. 2021, in R.J. Reynolds Tobacco Company v. Hamilton, No. 4D19-2699, the Florida Fourth DCA reversed a $10.6 million judgment for the plaintiff ...

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  • Florida Fourth DCA rules that Florida law did not require that insurance company notify first named insured when another insured under same motor vehicle policy cancelled policy

    On February 10, 2021, in Spielberg v. Progressive Select Insurance Company, No. 4D19-3081, the Florida Fourth DCA affirmed a summary judgment for the defendant insurance company in a declaratory judgment case...

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  • Florida Fifth DCA rules that trial court erred in allowing evidence of defendant’s intoxication in the compensatory damages phase of bifurcated motor vehicle negligence drunk driving case when the defendant had conceded pre-trial to liability for both compensatory and punitive damages

    On February 12, 2021, in McKinney, et al.v. Graham, No. 5D18-3265, the Florida Fifth DCA reversed a $2.6 million verdict in favor of the plaintiff in a motor vehicle negligence drunk driving case and remanded for a new trial...

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  • Eleventh Circuit Court of Appeals reverses summary judgment entered by district court for defendant mortgage lender in quit tam False Claims Act case alleging military veterans were charged mortgage origination fees that were prohibited by VA regulations

    On February 17, 2021, in Bibby, et al.,v. Mortgage Investors Corporation, et al., No. 19-12736, the Eleventh Circuit Court of Appeals reversed a summary judgment in favor of the defendant mortgage lender ...

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  • Florida Third DCA vacates trial court order which had set aside verdict for plaintiff in motor vehicle negligence case, finding that inconsistencies in plaintiff’s testimony did not rise to the level of fraud upon the court

    On February 17, 2021, in Salazar v. Gomes, No. 3D19-1448, the Florida Third DCA vacated an order from the trial court which had set aside a jury verdict for the plaintiff in a motor vehicle negligence case...

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  • Florida Fourth DCA rules that statute of limitations began to run on filing of bad faith lawsuit against insurer when damages were fixed by the entry of the judgment based on a Coblentz agreement between the plaintiff and the insured

    On February 17, 2021, in Butler v. Florida Peninsula Insurance Company, No. 4D20-678, the Florida Fourth DCA reversed a summary judgment entered by the trial court in favor of the defendant insurance company...

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  • Eleventh Circuit Court of Appeals rules that the alleged fondling of a federal inmate’s genitals by a prison guard did not constitute a “sexual act” cognizable under the Federal Tort Claims Act

    On February 26, 2021, in Johnson v. White, et al., No. 19-14436, the Eleventh Circuit Court of Appeals ruled that a federal inmate did not have a cognizable claim against the government under the Federal Tort Claims Act (FTCA) ...

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  • Florida First DCA rules that “final judgment” under§ 768.24 of Florida’s Wrongful Death Act occurred at the termination of judicial labor at the trial level, affirming trial court ruling reducing recovery by statutory survivor who died during pendency of post-trial motions from $5 million to zero

    On February 26, 2021, in Hamblen v. Pilot Travel Centers, LLC, No. 1D19-1613, the Florida First DCA ruled as a matter of first impression that a “final judgment” ...

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  • Florida Third DCA affirms summary judgment for defendant insurance company in PIP lawsuit, finding that the plaintiff’s pre-suit demand letter was statutorily deficient

    On February 24, 2021, in Rivera v. State Farm Mutual Automobile Insurance Company, No. 3D21-27, the Florida Third DCA affirmed a county court’s final judgment for the defendant insurance company in a PIP case...

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  • Florida Third DCA reverses defense verdict in wrongful death case, finds that even assuming police detective’s testimony constituted expert testimony, trial court committed reversible error in allowing him to testify as to hearsay statement from another officer

    On January 27, 2021, in Dayes, etc., v. Werner Enterprises, Inc. et al., No. 3D19-1920, the Florida Third DCA reversed a defense judgment in a wrongful death case due to the trial court’s erroneous...

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  • Florida First DCA affirms summary judgment for defendant based on plaintiff's failure to specifically plead defendant's vicarious liability in complaint

    On January 29, 2021, in Wilson v. Jacks, No, 1D20-461, the Florida First DCA affirmed a summary judgment order for the defendant in a negligence case involving a fire...

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  • Florida Supreme Court rules in first-party breach of insurance contract case that plaintiff could not recover lost rental income that allegedly resulted from insurer’s refusal to timely pay hurricane damage repairs

    On January 21, 2021, in Citizens Property Insurance Corporation v. Manor House, LLC, et al., No. SC19-1394, the Florida Supreme Court ruled that extra-contractual consequential damages...

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  • Eleventh Circuit rules that Emergency Medical Treatment and Active Labor Act is not a federal malpractice statute creating tort or malpractice remedies

    On January 22, 2021, in Smith v. Crisp Regional Hospital, Inc. et al, No. 19-12225, the Eleventh Circuit Court of Appeals affirmed a district court ruling that the Emergency Medical Treatment...

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  • Eleventh Circuit Court of Appeals affirms $20.7 punitive damages award against Philip Morris, USA, Inc., in Engle-progeny tobacco case

    On January 19, 2021, in Cote v. Philip Morris USA, Inc., No. 19-14074, the Eleventh Circuit Court of Appeals ruled that a $20.7 million punitive damages award in an Engle-progeny tobacco case...

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  • Eleventh Circuit affirms summary judgment for defendant in retaliatory relief lawsuit filed by defendant’s former employees under False Claims Act, finding that lawsuit could not be maintained since defendant had not actually filed any false claims with the government

    On January 19, 2021, in Hickman, et al. v. Spirit of Athens, Alabama, Inc., No. 19-10945, the Eleventh Circuit Court of Appeals affirmed the district court’s summary judgment...

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  • Florida Third DCA rules that litigation privilege does not apply to condo assessment collection activity knowingly undertaken without legal authority

    On January 20, 2021, in Moise v. Ola Condominium Association, Inc. et al., No. 3D20-143, the Florida Third DCA addressed the issue whether Florida’s common law litigation privilege...

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  • Florida Third DCA rules that trial court erred in ordering disclosure of work-product materials from insurance company’s claims file in first-party property insurance lawsuit

    On January 13, 2021, in Avatar Property & Casualty Insurance Company v. Mitchell, No. 3D20-1515, the Florida Third DCA granted certiorari relief in a first-party property insurance lawsuit...

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  • Florida Second DCA reverses summary judgment for defendant general contractor in premises liability case, finding that defendant failed to conclusively establish that it should not have anticipated the harm to the plaintiff notwithstanding the plaintiff’s knowledge of the danger

    On January 15, 2021, in Pratus v. Marzucco’s Construction & Coatings, Inc., No. 2D19-2807, the Florida Second DCA reversed a summary judgment for the defendant in a premises liability case...

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  • Florida First DCA reverses summary judgment for defendant school in premises liability case involving seven-year old student injured while running in indoor gym

    On January 11, 2021, in Collias v. Gateway Academy of Walton County, Inc., No. 1D19-262, the Florida First DCA reversed a summary judgment order that had been entered for the defendant...

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  • Florida First DCA reverses summary judgment for defendant in premises liability case involving plaintiff allegedly injured by border fence

    On January 14, 2021, in Jubran v. South Lake Distribution Center, LLC, No. 1D20-238, the Florida First DCA issued a per curiam reversal of a summary judgment order that had been entered...

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  • Florida Fourth DCA rules that release signed by student athlete releasing school board from liability for future sports injuries was enforceable even though athlete was a minor

    On January 6, 2021, in Elalouf v. School Board of Broward County, No. 4D19-3272, the Florida Fourth DCA ruled that a high school athlete was barred from suing the school board of Broward County...

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  • Florida Third DCA rules that security company had no duty to protect hospital visitors because its contractual obligation was limited to the protection of hospital employees

    On January 6, 2021, in Glickman v. Kindred Hospitals East, LLC, et al., No. 3D19-1597, the Florida Third DCA affirmed a summary judgment entered by the trial court for the defendant security company...

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  • Florida Second DCA rules that "clear and convincing evidence" standard does not apply to motion to add punitive damages claim

    On January 6, 2021, in Deaterly v. Jacobson, No. 2D20-636, the Florida Second DCA denied the certiorari petition of a defendant in a civil lawsuit who objected to a trial court order...

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  • Florida Second DCA rules that trial court’s discovery order requiring defendant in motor vehicle negligence case to turn over ten years of medical records was overbroad

    On January 8, 2021, in Tanner, et al. v. Hart, No. 2D20-1470, the Florida Second DCA granted the certiorari petition of a defendant in a motor vehicle negligence case...

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