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FIU Bridge Builder Alleges Design Issues Caused the Collapse
Mar 1, 2021 • Mark Clark
It has been nearly three years since the collapse of the FIU Pedestrian Bridge. The tragic accident transformed the lives of the ten injured victims and the families of the six killed. The ...
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Failure to Diagnose Heart Attack Medical Malpractice?
Feb 26, 2021 • Nancy La Vista
Misdiagnosis and Failure to Diagnose Misdiagnosis or failure to diagnose often is caused by improper medical care, delayed treatment, or no treatment. This malpractice may worsen the patient's medical ...
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The Week in Torts - Cases from the Week of February 5, 2021
Feb 23, 2021 • Clark Fountain Staff
If it's vicarious, you better plead it! FLORIDA LAW WEEKLY VOLUME 46, NUMBER 5 CASES FROM THE WEEK FEBRUARY 5, 2021 PLAINTIFF MUST SPECIFICALLY PLEAD VICARIOUS LIABILITY TO AVOID SUMMARY JUDGMENT ...
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The Week in Torts - Cases from the Week of January 29, 2021
Feb 17, 2021 • Clark Fountain Staff
That ain't control… FLORIDA LAW WEEKLY VOLUME 46, NUMBER 4 CASES FROM THE WEEK JANUARY 29, 2021 SUMMARY JUDGMENT FOR FRANCHISOR PROPER BECAUSE IT HAD NO LEGAL DUTY TO THE PLAINTIFF, AND COULD NOT BE ...
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Nestlé Recalls 760,000 Pounds of Hot Pockets Containing Glass and Hard Plastic
Feb 16, 2021 • Clark, Fountain, La Vista, Prather & Littky-Rubin
After receiving four consumer complaints about pepperoni hot pockets with “extraneous materials,” Nestlé Prepared Foods issued a Class I recall of about 762,615 pounds of Premium Pepperoni Pizza Hot ...
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Truck Safety Advocates Ask Biden To Take Action
Feb 11, 2021 • Clark, Fountain, La Vista, Prather & Littky-Rubin
On January 20, 2021, Joe Biden became the 46 th President of the United States. The Truck Safety Coalition, a safety group representing the families of truck accident victims, hopes this change will ...
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The Week in Torts - Cases from the Week of January 22, 2021
Feb 10, 2021 • Clark Fountain Staff
We see right through you… FLORIDA LAW WEEKLY VOLUME 46, NUMBER 3 CASES FROM THE WEEK JANUARY 22, 2021 COURT REVERSED FOR A NEW TRIAL FINDING THE TRIAL COURT SHOULD NOT HAVE ALLOWED THE STATE TO ...
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The Week in Torts - Cases from the Week of January 15, 2021
Feb 3, 2021 • Clark Fountain Staff
To amend for punies you need a reasonable basis FLORIDA LAW WEEKLY VOLUME 46, NUMBER 2 CASES FROM THE WEEK JANUARY 15, 2021 SUCCESSOR JUDGE PROPERLY RECONSIDERED PREDECESSOR JUDGE'S DENIAL OF MOTION ...
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The Week in Torts - Cases from the Week of January 8, 2021
Jan 27, 2021 • Clark Fountain Staff
There is a new summary judgment standard in town FLORIDA LAW WEEKLY VOLUME 46, NUMBER 1 CASES FROM THE WEEK JANUARY 8, 2021 FLORIDA PREPARES TO ADOPT FEDERAL SUMMARY JUDGMENT STANDARD—COURT ADVISES IT ...
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The Week in Torts - Cases from the Week of December 25, 2020
Jan 18, 2021 • Clark Fountain Staff
The future is uncertain FLORIDA LAW WEEKLY VOLUME 45, NUMBER 51 CASES FROM THE WEEK DECEMBER 25, 2020 NO ABUSE OF DISCRETION TO DENY ADDITUR AND MOTION FOR NEW TRIAL BASED ON ZERO VERDICT FOR FUTURE ...
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The Week in Torts - Cases from the Week of December 18, 2020
Jan 12, 2021 • Clark Fountain Staff
Are we bound for more Joerg erosion? FLORIDA LAW WEEKLY VOLUME 45, NUMBER 50 CASES FROM THE WEEK DECEMBER 18, 2020 TRIAL COURT DID NOT ERR IN LIMITING PLAINTIFF’S EVIDENCE OF PAST MEDICAL EXPENSES TO ...
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The Week in Torts - Cases from the Week of December 11, 2020
Jan 5, 2021 • Clark Fountain Staff
Excusable neglect or you just didn't act? FLORIDA LAW WEEKLY VOLUME 45, NUMBER 49 CASES FROM THE WEEK DECEMBER 11, 2020 TRIAL COURT ABUSED DISCRETION IN GRANTING RULE 1.540(b) MOTION TO VACATE DEFAULT ...
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The Week in Torts - Cases from the Week of December 4, 2020
Dec 21, 2020 • Clark Fountain Staff
Arrivederci Times New Roman! FLORIDA LAW WEEKLY VOLUME 45, NUMBER 48 CASES FROM THE WEEK DECEMBER 4, 2020 COURT ADOPTS AMENDMENTS TO APPELLATE RULES. In re: Amendments to Florida Rules of Appellate ...
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Give Safe Gifts This Holiday Season
Dec 21, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
Presents are a wonderful part of the holiday season but gifting dangerous or defective products could quickly ruin this festive time of year. Before you buy holiday gifts, especially toys for ...
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What Are the Leading Causes of Death in the United States?
Dec 16, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
The leading causes of death in the United States are heart disease, cancer, and unintentional injuries or accidents. While scientists and medical professionals are searching for ways to prevent and ...
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The Week in Torts - Cases from the Week of November 27, 2020
Dec 15, 2020 • Clark Fountain Staff
Not enough contact, I'm afraid FLORIDA LAW WEEKLY VOLUME 45, NUMBER 47 CASES FROM THE WEEK NOVEMBER 27, 2020 ERROR TO FIND PERSONAL JURISDICTION UNDER THE FACTS. Piazenko v. Pier Marine Interiors, 45 ...
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The Week in Torts - Cases from the Week of November 20, 2020
Dec 9, 2020 • Clark Fountain Staff
Fees, fees, fees.. FLORIDA LAW WEEKLY VOLUME 45, NUMBER 46 CASES FROM THE WEEK NOVEMBER 20, 2020 COURT FINDS AWARD OF ATTORNEYS’ FEES EXCESSIVE—ALSO RULES THAT COURT MISAPPLIED MULTIPLIER Universal ...
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The Most Dangerous Types of Car Accidents
Dec 1, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
Statistically speaking, head-on collisions and rollovers are the most dangerous types of car accidents . Rollovers account for only 2% of crashes but nearly 35% of deaths, and head-on collisions ...
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The Week in Torts - Cases from the Week of November 13, 2020
Nov 30, 2020 • Clark Fountain Staff
More bombs in the minefield FLORIDA LAW WEEKLY VOLUME 45, NUMBER 45 CASES FROM THE WEEK NOVEMBER 13, 2020 COURT REMITS LEGAL MALPRACTICE VERDICT FINDING THAT ONLY A FRACTION OF IT WAS COLLECTABLE ...
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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 diligence... 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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