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Blog
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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What Are Nuclear Verdicts?
Aug 17, 2020 • Clark Fountain Staff
This summer, the American Transportation Research Institute (ATRI) released a report on “ nuclear verdicts ” in the trucking industry. Reactions to the report vary, but one of the strongest comes from ...
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What Is Considered Wrongful Death?
Aug 17, 2020 • Clark Fountain Staff
When someone passes away, it never feels right, but certain circumstances can make a loved one’s passing grounds for a wrongful death lawsuit. Additionally, many people get confused about the ...
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The Week in Torts - Cases from the Week of July 24, 2020
Aug 11, 2020 • Clark Fountain Staff
Nothing good comes from an opened door at trial FLORIDA LAW WEEKLY VOLUME 45, NUMBER 29 CASES FROM THE WEEK JULY 24, 2020 TRIAL COURT PROPERLY ALLOWED DEFENDANT TO IMPEACH PLAINTIFF WITH EVIDENCE OF ...
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The Week in Torts - Cases from the Week of July 17, 2020
Aug 5, 2020 • Clark Fountain Staff
Sometime it really is too late FLORIDA LAW WEEKLY VOLUME 45, NUMBER 28 CASES FROM THE WEEK JULY 17, 2020 NO ABUSE OF DISCRETION IN EXCLUDING PLAINTIFF’S EXPERT UPDATED OPINIONS DISCLOSED ON THE EVE OF ...
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The Week in Torts - Cases from the Week of July 10, 2020
Jul 29, 2020 • Clark Fountain Staff
What the judge giveth, the court taketh away FLORIDA LAW WEEKLY VOLUME 45, NUMBER 27 CASES FROM THE WEEK JULY 10, 2020 AFTER THE TRIAL COURT GRANTED A NEW TRIAL FOR THE PLAINTIFF IN AN AUTOMOBILE ...
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Truck Accident Statistics
Jul 28, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
Understanding the Dangers of Large Trucks // In 2018, a total of 4,136 people lost their lives to truck accidents . The grand majority (67%) of these people were passenger vehicle occupants. On ...
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The Week in Torts - Cases from the Week of July 3, 2020
Jul 22, 2020 • Julie Littky-Rubin
FLORIDA LAW WEEKLY VOLUME 45, NUMBER 26 CASES FROM THE WEEK JULY 3, 2020 TRIAL COURT ERRED IN DENYING INSURER’S MOTION TO SET OFF PRIOR SETTLEMENTS FROM VERDICT AGAINST UM CARRIER. Liberty Mutual v. ...
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The Week in Torts - Cases from the Week of June 26, 2020
Jul 15, 2020 • Julie Littky-Rubin
Is It Good For The Goose? FLORIDA LAW WEEKLY VOLUME 45, NUMBER 25 CASES FROM THE WEEK JUNE 26, 2020 COURT DENIES CERTIORARI FROM AN ORDER COMPELLING PRODUCTION OF FINANCIAL INFORMATION REGARDING ...
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Summer Traffic Accidents in West Palm Beach
Jul 14, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
Sadly, June and July in West Palm Beach were filled with newsworthy accidents. In late June, a well-loved bicyclist was injured in a hit and run, and July has already seen 2 fatal accidents. At Clark, ...
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The Week in Torts - Cases from the Week of June 19, 2020
Jul 8, 2020 • Julie Littky-Rubin
Frivolous? Show me! FLORIDA LAW WEEKLY VOLUME 45, NUMBER 24 CASES FROM THE WEEK JUNE 19, 2020 ERROR TO CONSIDER MATTERS OUTSIDE OF FOUR CORNERS OF COMPLAINT WHEN RULING ON MOTION TO DISMISS--TRIAL ...
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Safety Tips: Driving Around Large Trucks
Jul 1, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
If you get nervous around semi-trucks and other large vehicles on the road, you are not alone. Truck accidents can be extremely dangerous , so your instincts aren’t wrong, either. Instead of being ...
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The Week in Torts - Cases from the Week of June 12, 2020
Jul 1, 2020 • Julie Littky-Rubin
"Was the conduct that bizarre" FLORIDA LAW WEEKLY VOLUME 45, NUMBER 23 CASES FROM THE WEEK JUNE 12, 2020 TRIAL COURT SHOULD HAVE DIRECTED A VERDICT FOR THE PRODUCT MANUFACTURER DEFENDANT, WHERE ...
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The Week in Torts - Cases from the Week of June 5, 2020
Jun 24, 2020 • Julie Littky-Rubin
"Hard to find someone responsible for someone else’s crimes" FLORIDA LAW WEEKLY VOLUME 45, NUMBER 22 CASES FROM THE WEEK JUNE 5, 2020 MENTAL HEALTH FACILITY OWED NO DUTY TO PREVENT MARJORY STONEMAN ...
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Florida Trend Selected Six Clark Fountain Attorneys for 2020 Florida Legal Elite List
Jun 23, 2020 • Clark Fountain Staff
We are proud to share that six members of the Clark, Fountain, La Vista, Prather & Littky-Rubin legal team are included in this year’s list of Florida Legal Elite, presented by Florida Trend . ...
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Amazon Truck Accident Kills 23-Year-Old Florida Resident
Jun 18, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
On the morning of Thursday, June 18, a young man from Jacksonville was experiencing tire problems and stopped to ask a service man for help. The service man finished assisting a FedEx truck and agreed ...
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The Week in Torts - Cases from the Week of May 29, 2020
Jun 17, 2020 • Julie Littky-Rubin
Keep up with Multipliers FLORIDA LAW WEEKLY VOLUME 45, NUMBER 21 CASES FROM THE WEEK May 29, 2020 MOST RECENT LEGAL GUIDANCE REGARDING CONTINGENCY FEE MULTIPLIERS. Wesson v. Florida Peninsula ...
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Is There a Loophole in Florida’s Wrongful Death Act?
Jun 11, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
About the Florida “Free Kill” Law Medical malpractice cases are some of the most complicated we handle at our firm, and when someone succumbs to their injuries, the cases become even more complex. ...
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The Week in Torts - Cases from the Week of May 22, 2020
Jun 9, 2020 • Julie Littky-Rubin
"Are you for real?" FLORIDA LAW WEEKLY VOLUME 45, NUMBER 20 CASES FROM THE WEEK May 22, 2020 TO PRESERVE AN OBJECTION TO THE ADVERSE PARTY’S PROFFERED RACE-NEUTRAL REASON FOR A PEREMPTORY STRIKE, ...
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Our Partners Have Been Named to Super Lawyers 2020
Jun 4, 2020 • Clark Fountain Staff
Partners Recognized as 2020 Super Lawyers And Attorney Ben J. Whitman A Rising Star Our 5 partners at Clark, Fountain, La Vista, Prather & Littky-Rubin are honored to be selected as 2020 Super ...
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The Week in Torts - Cases from the Week of May 15, 2020
Jun 3, 2020 • Julie Littky-Rubin
"Can I Intervene, Pretty Please?" FLORIDA LAW WEEKLY VOLUME 45, NUMBER 19 CASES FROM THE WEEK May 15, 2020 EXCESS INSURER’S INTEREST IN DISTRIBUTING REMAINING INSURANCE PROCEEDS NOT SUPPORTIVE OF ...
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