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Blog Posts in 2021

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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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