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Blog
The Week in Torts - Cases from the Week of March 6, 2020
Mar 26, 2020 • Julie Littky-Rubin
Trial lawyers, you better read this! FLORIDA LAW WEEKLY VOLUME 45, NUMBER 9 CASES FROM THE WEEK March 06, 2020 SUPREME COURT ADOPTS NEW RULE REGARDING ADOPTION OF STANDARD JURY INSTRUCTIONS. In Re: ...
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The Week in Torts - Cases from the Week of February 28, 2020
Mar 18, 2020 • Julie Littky-Rubin
Supreme Court Solidifies Product Liability Jury Instructions FLORIDA LAW WEEKLY VOLUME 45, NUMBER 8 CASES FROM THE WEEK FEBRUARY 28, 2020 THE FLORIDA SUPREME COURT AUTHORIZES NEW STANDARD JURY ...
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Are Tesla's Defective?
Mar 12, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
Tesla and its enigmatic CEO, Elon Musk, have taken the electric vehicle market by storm and captured the fascination of the American public. One driver even stated: “ The car feels like the future, I ...
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The Week in Torts - Cases from the Week of February 21, 2020
Mar 10, 2020 • Julie Littky-Rubin
Is the Federal Summary Judgment Standard in Florida's Future? FLORIDA LAW WEEKLY VOLUME 45, NUMBER 7 CASES FROM THE WEEK FEBRUARY 21, 2020 SUMMARY JUDGMENT REVERSED WHEN DEFENDANT FAILED TO ...
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The Week in Torts - Cases from the Week of February 14, 2020
Mar 4, 2020 • Julie Littky-Rubin
To e-file or not to e-file, that is the question. FLORIDA LAW WEEKLY VOLUME 45, NUMBER 6 CASES FROM THE WEEK FEBRUARY 14, 2020 ERROR TO GRANT MOTION TO STRIKE MOTION FOR FEES, §57.105 BECAUSE THE SAFE ...
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The Dangers of Flex Seal & Toxic Exposure
Mar 3, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
Potentially Hazardous Liquid Rubber Sealant Coating The multi-purpose liquid rubber spray known as Flex Seal is used to block out moisture, air and is even used as a water barrier for in-water use. ...
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David C. Prather Named the F. Malcolm Cunningham, Sr. Bar Association’s “Member of the Year”
Mar 3, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
West Palm Beach personal injury attorney David C. Prather was named "Member of the Year” at the 19th Annual F. Malcolm Cunningham, Sr. Bar Association's, William Holland Scholarship Lunch. Prather, a ...
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The Week in Torts - Cases from the Week of February 7, 2020
Feb 26, 2020 • Julie Littky-Rubin
Big injustice, but not enough under Murphy . FLORIDA LAW WEEKLY VOLUME 45, NUMBER 5 CASES FROM THE WEEK FEBRUARY 7, 2020 TRIAL COURT ERRED IN ENTERING DIRECTED VERDICT ON LIABILITY AGAINST DEFENDANT ...
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Firm Recovers $17.3 Million in Wrongful Death, Product Defect Case on $1 Million Policy
Feb 20, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
Clark, Fountain, La Vista, Prather & Littky-Rubin recently recovered $17.3 million in a wrongful death and product defect case. The firm represented the surviving 14-year-old son of a 41-year-old man ...
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The Week in Torts - Cases from the Week of January 31, 2020
Feb 18, 2020 • Julie H. Littky-Rubin
Evidence comes in all shapes and sizes. FLORIDA LAW WEEKLY VOLUME 45, NUMBER 4 CASES FROM THE WEEK JANUARY 31, 2020 TRIAL COURT ERRONEOUSLY ENTERED SUMMARY JUDGMENT IN A TIRE BLOW OUT CASE RESULTING ...
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Can Apps Help Prevent Distracted Driving?
Feb 18, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
It may seem counterintuitive, but “yes!” Certain apps on your phone can help prevent distraction while driving. Some take away the temptation to text and drive, others read your texts and emails out ...
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The Week in Torts - Cases from the Week of January 24, 2020
Feb 12, 2020 • Julie Littky-Rubin
Immunity Check FLORIDA LAW WEEKLY VOLUME 45, NUMBER 3 CASES FROM THE WEEK JANUARY 24, 2020 FLORIDA SUPREME COURT AMENDS RULE 9.130 (a)(3)(C)(xi) REGARDING NON-FINAL APPEALS RELATED TO SOVEREIGN ...
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The Week in Torts - Cases from the Week of January 17, 2020
Feb 4, 2020 • Julie Littky-Rubin
Can hands-free cell phone use be punitive? FLORIDA LAW WEEKLY VOLUME 45, NUMBER 2 CASES FROM THE WEEK JANUARY 17, 2020 PROHIBITION DENIED WHERE DEFENDANT ARGUED THAT JUDGE WAS BIASED AGAINST IT ...
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Werner Recalled Multi-Purpose Telescoping Aluminum Ladders
Jan 30, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
Werner, a company that manufactures ladders and fall protection products, recalled their “Multi-Purpose Telescoping Aluminum Ladders” due to risk of falls. The business recently announced it is ...
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The Week in Torts - Cases from the Week of January 10, 2020
Jan 28, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
Did I make myself clear? FLORIDA LAW WEEKLY VOLUME 45, NUMBER 1 CASES FROM THE WEEK JANUARY 10, 2020 OBJECTION IN VOIR DIRE DID NOT PROVIDE A CLEAR OR SPECIFIC ENOUGH LEGAL OBJECTION TO THE ...
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The Week in Torts - Cases from the Week of December 27, 2019
Jan 22, 2020 • Julie Littky-Rubin
Duty v. Immunity FLORIDA LAW WEEKLY VOLUME 44, NUMBER 52 CASES FROM THE WEEK OF DECEMBER 27, 2019 WHEN A GOVERNMENTAL ENTITY HAS THE SAME COMMON LAW DUTY AS A PRIVATE PERSON, SOVEREIGN IMMUNITY IS ...
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The Week in Torts - Cases from the Week of December 20, 2019
Jan 15, 2020 • Julie Littky-Rubin
What is an "original source"? FLORIDA LAW WEEKLY VOLUME 44, NUMBER 51 CASES FROM THE WEEK OF DECEMBER 20, 2019 TRIAL COURT DEPARTED FROM THE ESSENTIAL REQUIREMENTS OF LAW BY ORDERING A HOSPITAL TO ...
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Attorney Shana P. Nogues Joins West Palm Beach Personal Injury Law Firm, Clark, Fountain, La Vista, Prather & Littky-Rubin
Jan 13, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
Clark, Fountain, La Vista, Prather & Littky-Rubin is pleased to announce Shana P. Nogues has joined their award-winning legal team as a personal injury attorney. Nogues has nearly a decade of ...
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Attorney Jennifer A. Lettman Elected to Palm Beach County Justice Association Board of Directors
Jan 10, 2020 • Clark, Fountain, La Vista, Prather & Littky-Rubin
West Palm Beach personal injury lawyer, Jennifer A. Lettman was elected to the Palm Beach County Justice Association (PBCJA) Board of Directors on Thursday, January 10. She and the other newly elected ...
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The Week in Torts - Cases from the Week of December 13, 2020
Jan 8, 2020 • Julie Littky-Rubin
No non-delegable duty to repair FLORIDA LAW WEEKLY VOLUME 44, NUMBER 50 CASES FROM THE WEEK OF DECEMBER 13, 2019 COURT REFUSES TO FIND A NON-DELEGABLE DUTY ON THE PART OF A MOTOR CARRIER WITH RESPECT ...
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Vehicle Safety in 2019: The Five Biggest Automotive Dangers
Dec 23, 2019 • Clark, Fountain, La Vista, Prather & Littky-Rubin
The Automotive Issues That Worried Us Most This Year Spontaneous engine fires, dishonest car dealers, and self-driving cars that can’t actually see… here’s a round-up of car safety issues we saw in ...
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The Week in Torts - Cases from the Week of December 13, 2020
Dec 23, 2019 • Julie H. Littky-Rubin
No non-delegable duty to repair FLORIDA LAW WEEKLY VOLUME 44, NUMBER 50 CASES FROM THE WEEK OF DECEMBER 13, 2019 COURT REFUSES TO FIND A NON-DELEGABLE DUTY ON THE PART OF A MOTOR CARRIER WITH RESPECT ...
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The Week in Torts - Cases from the Week of November 29, 2019
Dec 18, 2019 • Julie H. Littky-Rubin
"Can we take the top dog's depo?" FLORIDA LAW WEEKLY VOLUME 44, NUMBER 48 CASES FROM THE WEEK OF NOVEMBER 29, 2019 COURT CERTIFIES QUESTION REGARDING GOVERNMENTAL “APEX DOCTRINE,” ASKS WHETHER IT ALSO ...
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Product Liability Lawsuits: Do I have a Product Liability Case?
Dec 11, 2019 • Clark, Fountain, La Vista, Prather & Littky-Rubin
About Product Failure Cases in Florida If you’re injured by a defective or malfunctioning product , you may be able to bring suit against the manufacturer, seller, or servicer. Unfortunately for ...
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The Week in Torts - Cases from the Week of November 22, 2019
Dec 9, 2019 • Julie Littky-Rubin
Amendment 7 means "discoverable" but not admissible in the 5th DCA FLORIDA LAW WEEKLY VOLUME 44, NUMBER 47 CASES FROM THE WEEK OF NOVEMBER 22, 2019 TRIAL COURT PROPERLY FOUND HOSPITAL INCIDENT REPORTS ...
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The Week in Torts - Cases from the Week of November 15, 2019
Dec 3, 2019 • Julie Littky-Rubin
$8,000 not so small anymore. FLORIDA LAW WEEKLY VOLUME 44, NUMBER 46 CASES FROM THE WEEK OF NOVEMBER 15, 2019 COURT AMENDS SMALL CLAIMS RULES TO INCREASE THE COURT’S JURISDICTIONAL AMOUNT. Amendments ...
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Attorney Michael S. Smith Receives AV® Preeminent™ Rating from Martindale-Hubbell®
Nov 25, 2019 • Clark, Fountain, La Vista, Prather & Littky-Rubin
Michael S. Smith , a West Palm Beach medical malpractice attorney at Clark, Fountain, La Vista, Prather & Littky-Rubin has received an AV® Preeminent™ Rating from Martindale-Hubbell®. The Preeminent™ ...
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The Week in Torts - Cases from the Week of November 8, 2019
Nov 19, 2019 • Julie Littky-Rubin
Post-offer settlements may get you PFS fees. FLORIDA LAW WEEKLY VOLUME 44, NUMBER 45 CASES FROM THE WEEK OF NOVEMBER 8, 2019 COURT INTERPRETS “POST-OFFER SETTLEMENT” TO MEAN A SETTLEMENT REACHED AFTER ...
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The Week in Torts - Cases from the Week of November, 1 2019
Nov 19, 2019 • Julie Littky-Rubin
$12,500,000 award upheld for wrongful death of a child. FLORIDA LAW WEEKLY VOLUME 44, NUMBER 44 CASES FROM THE WEEK OF NOVEMBER 1, 2019 SECOND DISTRICT UPHOLDS $12.5 MILLION DOLLAR COMPENSATORY AWARD ...
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What Type of Compensation Could You Receive in a Wrongful Death Lawsuit?
Nov 19, 2019 • Clark, Fountain, La Vista, Prather & Littky-Rubin
The loss of a family member or loved one can be painful and difficult to cope with, especially if their death was caused by someone else’s negligence, carelessness, or mistake. Wrongful death lawsuits ...
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