Recent Posts in The Week In Torts Category

The Week in Torts - Cases from the Week of July 5, 2019

Jul 19, 2019 • Julie Littky-Rubin

I have a lien! FLORIDA LAW WEEKLY VOLUME 44, NUMBER 27 CASES FROM THE WEEK OF JULY 5, 2019 INSURER NEGLIGENT FOR FAILING TO PROTECT FORMER LAW FIRM’S CHARGING LIEN. Geico General Insurance Co. v. ...
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The Week in Torts - Cases from the Week of June 28, 2019

Jul 12, 2019 • Julie Littky-Rubin

If your doctor says you said it... FLORIDA LAW WEEKLY VOLUME 44, NUMBER 26 CASES FROM THE WEEK OF June 28, 2019 ERROR TO REFUSE TO ADMIT A MEDICAL RECORD CONTAINING A STATEMENT THE PLAINTIFF MADE TO ...
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The Week in Torts - Cases from the Week of June 21, 2019

Jul 9, 2019 • Julie Littky-Rubin

Be careful what you wish for. FLORIDA LAW WEEKLY VOLUME 44, NUMBER 25 CASES FROM THE WEEK OF June 21, 2019 ERRONEOUS JURY INSTRUCTION ON INFORMED CONSENT STRIPS PLAINTIFF OF 15M VERDICT AND REQUIRES A ...
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The Week in Torts - Cases from the Week of June 7, 2019

Jun 13, 2019 • Julie Littky-Rubin

Defer to trial judge's sense of touch FLORIDA LAW WEEKLY VOLUME 44, NUMBER 23 CASES FROM THE WEEK OF June 7, 2019 COURT REVERSES DENIAL OF ADDITUR WHERE JURY FOUND PERMANENT INJURY AND AWARDED PAST ...
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The Week in Torts - Cases from the Week of May 24, 2019

Jun 4, 2019 • Julie Littky-Rubin

"It's Frye…no, it’s Daubert" FLORIDA LAW WEEKLY VOLUME 44, NUMBER 21 CASES FROM THE WEEK OF May 24, 2019 DAUBERT REDUX. In re: Amendments to Florida Evidence Code, 44 Fla. L. Weekly S170 (Fla. May 23, ...
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The Week in Torts - Cases from the Week of May 17, 2019

May 28, 2019 • Julie Littky-Rubin

It's O.K... FLORIDA LAW WEEKLY VOLUME 44, NUMBER 20 CASES FROM THE WEEK OF May 17, 2019 ERROR TO DISMISS COMPLAINT WHEN MOTION TO SUBSTITUTE PARTY WAS NOT SERVED WITHIN NINETY DAYS AFTER SUGGESTION OF ...
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The Week in Torts - Cases from the Week of May 10, 2019

May 23, 2019 • Julie Littky-Rubin

Impact rule still alive and well FLORIDA LAW WEEKLY VOLUME 44, NUMBER 19 CASES FROM THE WEEK OF May 10, 2019 A PLAINTIFF CANNOT SEEK EMOTIONAL DISTRESS DAMAGES WHEN THERE IS NO CONNECTION BETWEEN THE ...
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The Week in Torts - Cases from the Week of May 3, 2019

May 22, 2019 • Julie Littky-Rubin

Sorry, I lost it. FLORIDA LAW WEEKLY VOLUME 44, NUMBER 18 CASES FROM THE WEEK OF May 3, 2019 A NON PARTY IN A SPOLIATION CASE DOES NOT HAVE A STATUTORY OR CONTRACTUAL DUTY TO PRESERVE EVIDENCE, WHEN ...
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The Week in Torts - Cases from the Week of April 26, 2019

May 16, 2019 • Julie Littky-Rubin

Rear-end presumption leaves a bit of wiggle room FLORIDA LAW WEEKLY VOLUME 44, NUMBER 17 CASES FROM THE WEEK OF APRIL 26, 2019 TRIAL COURT ERRED IN GRANTING PARTIAL SUMMARY JUDGMENT, FINDING DEFENDANT ...
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The Week in Torts - Cases from the Week of April 19, 2019

Apr 30, 2019 • Julie Littky-Rubin

Successor judge can grant motion for new trial FLORIDA LAW WEEKLY VOLUME 44, NUMBER 16 CASES FROM THE WEEK OF APRIL 19, 2019 SUCCESSOR JUDGE UPHELD IN GRANTING PLAINTIFF’S MOTION FOR NEW TRIAL AFTER ...
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The Week in Torts - Cases from the Week of April 12, 2019

Apr 25, 2019 • Julie Littky-Rubin

Accident report privilege not really a privilege FLORIDA LAW WEEKLY VOLUME 44, NUMBER 15 CASES FROM THE WEEK OF APRIL 12, 2019 ACCIDENT REPORT PRIVILEGE DOES NOT PRECLUDE DISCOVERY OF STATEMENTS MADE ...
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The Week in Torts - Cases from the Week of April 5, 2019

Apr 22, 2019 • Julie Littky-Rubin

Third DCA issues blow to the non-delegable duty hospitals owe ER patients for independent contractor negligence FLORIDA LAW WEEKLY VOLUME 44, NUMBER 14 CASES FROM THE WEEK OF APRIL 5, 2019 THIRD DCA ...
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The Week in Torts - Cases from the Week of March 29, 2019

Apr 18, 2019 • Julie Littky-Rubin

Even non-hearsay can be more prejudicial than probative FLORIDA LAW WEEKLY VOLUME 44, NUMBER 13 CASES FROM THE WEEK OF MARCH 29, 2019 WHILE TESTIMONY ADMITTED FOR THE EFFECT ON THE LISTENER AND NOT ...
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The Week in Torts - Cases from the Week of March 22, 2019

Apr 9, 2019 • Julie Littky-Rubin

Consortium plaintiff pays all the PFS fees FLORIDA LAW WEEKLY VOLUME 44, NUMBER 12 CASES FROM THE WEEK OF MARCH 22, 2019 COURT RULES CONSORTIUM CLAIM INEXTRICABLY INTERTWINED WITH MAIN CLAIM FOR ...
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The Week in Torts - Cases from the Week of March 15, 2019

Mar 29, 2019 • Julie Littky-Rubin

She who laughs last… FLORIDA LAW WEEKLY VOLUME 44, NUMBER 11 CASES FROM THE WEEK OF MARCH 15, 2019 FOURTH DISTRICT REVERSES JUDGMENT FOR THE DEFENDANT WHERE THE TRIAL JUDGE ERRONEOUSLY INSISTED THAT ...
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The Week in Torts - Cases from the Week of March 8, 2019

Mar 25, 2019 • Julie Littky-Rubin

Discover it, but protect it FLORIDA LAW WEEKLY VOLUME 44, NUMBER 10 CASES FROM THE WEEK OF MARCH 8, 2019 “NON-MATERIAL” AMENDMENTS TO COMPLAINTS DO NOT RENDER EARLIER OFFERS OF JUDGMENT AMBIGUOUS. ...
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The Week in Torts - Cases from the Week of March 1, 2019

Mar 11, 2019 • Julie Littky-Rubin

Aren’t the goose and gander a little different? FLORIDA LAW WEEKLY VOLUME 44, NUMBER 9 CASES FROM THE WEEK OF MARCH 1, 2019 TRIAL COURT PROPERLY COMPELLED DEFENSE COUNSEL’S LAW FIRM TO DISCLOSE THE ...
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The Week in Torts - Cases from the Week of February 22, 2019

Mar 10, 2019 • Julie Littky-Rubin

One court out of four finds arbitration award reviewable by certiorari FLORIDA LAW WEEKLY VOLUME 44, NUMBER 8 CASES FROM THE WEEK OF FEBRUARY 22, 2019 FIRST DISTRICT, CERTIFYING CONFLICT WITH THE ...
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The Week in Torts - Cases from the Week of February 15, 2019

Mar 4, 2019 • Julie Littky-Rubin

Non-economics are the jury’s job FLORIDA LAW WEEKLY VOLUME 44, NUMBER 7 CASES FROM THE WEEK OF FEBRUARY 15, 2019 COMMENTS IN PLAINTIFFS’ COUNSEL’S CLOSING IN A TOBACCO CASE FELL SHORT OF DENYING ...
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The Week in Torts - Cases from the Week of February 8, 2019

Feb 28, 2019 • Julie Littky-Rubin

Referral fee hell FLORIDA LAW WEEKLY VOLUME 44, NUMBER 6 CASES FROM THE WEEK OF FEBRUARY 8, 2019 ATTORNEY NOT ENTITLED TO PARTICIPATE IN AN ATTORNEY’S FEE PURSUANT TO A FEE AGREEMENT EMAILED BY THE ...
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The Week in Torts - Cases from the Week of February 1, 2019

Feb 19, 2019 • Julie Littky-Rubin

FLORIDA LAW WEEKLY VOLUME 44, NUMBER 5 CASES FROM THE WEEK OF FEBRUARY 1, 2019 INSURANCE COMPANIES CANNOT PURSUE LEGAL MALPRACTICE CLAIMS AGAINST DEFENSE ATTORNEYS, BECAUSE COUNSEL REPRESENTS THE ...
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The Week in Torts - Cases from the Week of January 18, 2019

Feb 1, 2019 • Julie Littky-Rubin

FLORIDA LAW WEEKLY VOLUME 44, NUMBER 3 CASES FROM THE WEEK OF JANUARY 18, 2019 SECTION 768.28(5) LIMITS SOVEREIGN IMMUNITY WAIVER TO $200,000 WHEN THERE ARE MULTIPLE CLAIMS ARISING OUT OF THE SAME ...
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The Week in Torts - Cases from the Week of January 11, 2019

Jan 26, 2019 • Julie Littky-Rubin

FLORIDA LAW WEEKLY VOLUME 44, NUMBER 2 CASES FROM THE WEEK OF JANUARY 11, 2019 PROPOSALS FOR SETTLEMENT DO NOT HAVE TO COMPLY WITH RULE OF JUDICIAL ADMINISTRATION 2.516 ON ELECTRONIC SERVICE. Wheaton ...
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The Week in Torts - Cases from the Week of January 4, 2019

Jan 22, 2019 • Julie Littky-Rubin

FLORIDA LAW WEEKLY VOLUME 44, NUMBER 1 CASES FROM THE WEEK OF JANUARY 4, 2019 NON-ECONOMIC DAMAGE AWARDS OF $15 MILLION TO SPOUSE AND $6 MILLION TO 22-YEAR-OLD DAUGHTER WERE NOT EXCESSIVE--NO ERROR IN ...
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The Week in Torts - Cases from the Week of December 21, 2018

Jan 7, 2019 • Julie Littky-Rubin

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 51 CASES FROM THE WEEK OF DECEMBER 21, 2018 ERROR TO GRANT DIRECTED VERDICT FOR DEFENDANT ANESTHESIOLOGIST, WHERE THERE WAS EVIDENCE TO PERMIT A REASONABLE FACT ...
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