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Blog
The Week in Torts - Cases from the Week of November 6, 2020
Nov 24, 2020 • Clark Fountain Staff
Sometimes, what's in writing isn't enough FLORIDA LAW WEEKLY VOLUME 45, NUMBER 44 CASES FROM THE WEEK NOVEMBER 6, 2020 REVERSIBLE ERROR FOR THE TRIAL COURT TO EXCUSE EIGHT PROSPECTIVE JURORS BASED ...
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Naya Rivera Tragedy Inspires Wrongful Death Lawsuit
Nov 20, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
This summer, “Glee” actor Naya Rivera tragically drowned during a boating trip with her 4-year-old son. The celebrity rented a pontoon boat on Lake Piru in California, and her surviving family members ...
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FDA Continues to Expand Hand Sanitizer Recall
Nov 18, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
Since June of 2020 , the U.S. Food and Drug Administration (FDA) has been sounding the alarm about hand sanitizer. Specifically, hand sanitizer products contaminated with methanol, an ingredient of ...
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The Week in Torts - Cases from the Week of October 30, 2020
Nov 16, 2020 • Clark Fountain Staff
Which court are we in again?! FLORIDA LAW WEEKLY VOLUME 45, NUMBER 43 CASES FROM THE WEEK OCTOBER 30, 2020 ORDER GRANTING MOTION TO AMEND COMPLAINT TO ADD CLAIM FOR PUNITIVE DAMAGES IMPERMISSIBLY USED ...
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The Week in Torts - Cases from the Week of October 23, 2020
Nov 10, 2020 • Clark Fountain Staff
That's enough time... FLORIDA LAW WEEKLY VOLUME 45, NUMBER 42 CASES FROM THE WEEK OCTOBER 23, 2020 COURT REVERSED ORDER GRANTING PLAINTIFF A NEW TRIAL AFTER THE TRIAL JUDGE LIMITED VOIR DIRE TO ONE ...
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Do Semi Trucks Have a 'Deadly Defect?'
Nov 6, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
Underride crashes are one of the most devastating types of truck accidents . They occur when passenger vehicles slide underneath the rear of a large truck or the sides of its trailer. This so-called ‘ ...
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Clark, Fountain, La Vista, Prather & Littky-Rubin Named “Best Law Firm” in the 2021 Edition of U.S. News – Best Lawyers®
Nov 5, 2020
Clark, Fountain, La Vista, Prather & Littky-Rubin is proud to announce that it has been named “Best Law Firm” in U.S. News – Best Lawyers® “Best Law Firms,” for the 10 th consecutive year. The U.S. ...
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The Week in Torts - Cases from the Week of October 16, 2020
Nov 2, 2020 • Clark Fountain Staff
Can a consumer ever really expect such a thing? FLORIDA LAW WEEKLY VOLUME 45, NUMBER 41 CASES FROM THE WEEK OCTOBER 16, 2020 CONSUMER EXPECTATIONS TEST WILL NOT ALWAYS APPLY IN CASES INVOLVING COMPLEX ...
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Understanding Truck Driver DUIs
Oct 30, 2020 • Clark Fountain Staff
And How Shipping Companies Can and Should Prevent Them // In most states, individuals with a commercial driver’s license (CDL) face tougher penalties when they are convicted of a DUI/DWI (driving ...
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Motorcyclist Hurt in Trucking Accident Wins Record-Breaking Verdict in Zoom Trial
Oct 28, 2020 • Clark Fountain Staff
A 45-vehicle pileup on the I-10 in Tallahassee, Florida resulted in 18 crashes, 8 hospitalizations, and what is now believed to be the biggest nuclear verdict ever against a single trucking company ...
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The Week in Torts - Cases from the Week of October 9, 2020
Oct 26, 2020 • Clark Fountain Staff
That ain't dilligence... FLORIDA LAW WEEKLY VOLUME 45, NUMBER 40 CASES FROM THE WEEK OCTOBER 9, 2020 A PARTY MERELY STATING THAT HE OR SHE DID NOT LEARN OF AN ERROR UNTIL AFTER THE TRIAL, WHEN THE ...
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DEA National Drug Take Back Day
Oct 22, 2020 • Clark Fountain Staff
In an effort to raise awareness surrounding accidental overdoses and tragic misuse of prescription drugs in the home, the Drug Enforcement Administration (DEA) has created the National Prescription ...
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Can Self-Driving Cars Reduce Accidents?
Oct 21, 2020 • Clark Fountain Staff
When some of us think of self-driving cars, there is an element of concern over safety. The feeling that we are surrendering control of a vehicle might make some drivers feel as if they are at an ...
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The Week in Torts - Cases from the Week of October 2, 2020
Oct 20, 2020 • Clark Fountain Staff
This isn't your grandmother's referral FLORIDA LAW WEEKLY VOLUME 45, NUMBER 39 CASES FROM THE WEEK OCTOBER 2, 2020 FEE SPLITTING AGREEMENT BETWEEN TWO LAW FIRMS VOID FOR FAILING TO COMPLY WITH THE ...
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The Week in Torts - Cases from the Week of September 25, 2020
Oct 12, 2020 • Clark Fountain Staff
Mass shooting? Sorry, it's just a single incident... FLORIDA LAW WEEKLY VOLUME 45, NUMBER 38 CASES FROM THE WEEK SEPTEMBER 25, 2020 THE SOVEREIGN IMMUNITY CAP LIMITING RECOVERY OF CLAIMS “ARISING OUT ...
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Proving Mental Anguish and Emotional Distress
Oct 9, 2020 • Clark Fountain Staff
Accidents and injuries come with more suffering than most people can imagine but recovering compensation for these losses is not always easy. Proving damages like mental anguish and emotional distress ...
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How Negligent Hiring Leads To Liability
Oct 7, 2020 • Clark Fountain Staff
One of the most essential tasks employers must perform when hiring employees includes credentialing and background checks on those they hire to operate their business. Most of us assume when we ...
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The Week in Torts - Cases from the Week of September 18, 2020
Oct 5, 2020 • Clark Fountain Staff
I swear, she's the one who sent those texts! FLORIDA LAW WEEKLY VOLUME 45, NUMBER 37 CASES FROM THE WEEK SEPTEMBER 18, 2020 TEXT MESSAGES WHICH WERE THE SOLE EVIDENCE SUPPORTING ENTRY OF AN ...
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4 Steps To Take If You’re Injured By A Defective Product
Sep 30, 2020 • Clark Fountain Staff
After a defective product has caused injury to you, it may be confusing and uncertain what you should do next. While each situation is unique in its cause, it is important to know the right steps to ...
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The Week in Torts - Cases from the Week of September 11, 2020
Sep 28, 2020 • Julie Littky-Rubin
When we say last pleading, we MEAN the last pleading FLORIDA LAW WEEKLY VOLUME 45, NUMBER 36 CASES FROM THE WEEK SEPTEMBER 11, 2020 COURT REVERSES FINAL JUDGMENT IN CASE WHERE CASE WAS SET FOR TRIAL, ...
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The Week in Torts - Cases from the Week of September 4, 2020
Sep 22, 2020 • Clark Fountain Staff
Typing, Texting and Linking FLORIDA LAW WEEKLY VOLUME 45, NUMBER 35 CASES FROM THE WEEK SEPTEMBER 4, 2020 WHERE DEFENDANT WAS THE DRIVER OF A VEHICLE WHICH KILLED A PEDESTRIAN, IT WAS A DEPARTURE FROM ...
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Common Types of Medical Malpractice Cases
Sep 17, 2020 • Clark Fountain Staff
Unfortunately, medical errors are a frequent occurrence, with consequences that can range from temporary discomfort to permanent injuries or death for patients. And while not all medical errors occur ...
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The Week in Torts - Cases from the Week of August 28, 2020
Sep 15, 2020 • Clark Fountain Staff
That really WAS a mistake — you're off the hook FLORIDA LAW WEEKLY VOLUME 45, NUMBER 34 CASES FROM THE WEEK AUGUST 28, 2020 EXCUSABLE NEGLECT SUPPORTED PLAINTIFF’S MOTION SEEKING TO WITHDRAW A ...
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The Week in Torts - Cases from the Week of August 21, 2020
Sep 8, 2020 • Clark Fountain Staff
I don't care if you're young, you lied! FLORIDA LAW WEEKLY VOLUME 45, NUMBER 33 CASES FROM THE WEEK AUGUST 21, 2020 COURT ENFORCES ARBITRATION AGREEMENT WHERE MINOR FRAUDULENTLY EXECUTED THE RELEASE ...
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The Week in Torts - Cases from the Week of August 14, 2020
Sep 1, 2020 • Clark Fountain Staff
We Won't Hold You To It FLORIDA LAW WEEKLY VOLUME 45, NUMBER 32 CASES FROM THE WEEK AUGUST 14, 2020 IMPORTANT AMENDMENTS TO THE NEW CIVIL COVER SHEET FORM. In Re: Amendments to the Florida Rules of ...
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Six Clark, Fountain, La Vista, Prather & Littky-Rubin Attorneys Selected as Palm Beach Illustrated’s 2020 Top Lawyers
Sep 1, 2020 • Clark Fountain Staff
We are pleased to announce that six of the firm’s attorneys have been selected by their peers to be included in Palm Beach Illustrated’s ® 2020 list of Top Lawyers . Partners Mark W. Clark, Donald R. ...
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The Week in Torts - Cases from the Week of August 7, 2020
Aug 25, 2020 • Clark Fountain Staff
A tragedy with no duty FLORIDA LAW WEEKLY VOLUME 45, NUMBER 31 CASES FROM THE WEEK AUGUST 7, 2020 THE TRIAL COURT PROPERLY ENTERED SUMMARY JUDGMENT FOR DEFENDANT FINDING IT DID NOT CREATE A ...
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All Clark, Fountain, La Vista, Prather & Littky-Rubin Attorneys Win Recognition From Best Lawyers® in 2021
Aug 20, 2020 • Clark Fountain Staff
At Clark, Fountain, La Vista, Prather & Littky-Rubin, we are pleased to announce our attorneys are continuing their rich tradition of recognition with Best Lawyers® in America in 2021. All 5 of our ...
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The Week in Torts - Cases from the Week of July 31, 2020
Aug 18, 2020 • Clark Fountain Staff
If it's new, it's not relating back FLORIDA LAW WEEKLY VOLUME 45, NUMBER 30 CASES FROM THE WEEK JULY 31, 2020 AMENDMENT ADDING CHILDREN’S LOSS OF PARENTAL CONSORTIUM CLAIM DID NOT RELATE BACK TO THE ...
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Zantac Lawsuits Consolidated in South Florida
Aug 17, 2020 • Clark Fountain Staff
The U.S. Food and Drug Administration (FDA) recalled Zantac from the market on April 01, 2020, when the popular heartburn medication tested positive for N-Nitrosodimethylamine (NDMA), a “ probable ...
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