Recent Posts in The Week In Torts Category

The Week in Torts - Cases from the Week of October 12, 2018

Nov 16, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 41 CASES FROM THE WEEK OF OCTOBER 12, 2018 SUCCESSOR JUDGE ERRED IN AWARDING AN ADDITUR TO THE JURY’S PAIN AND SUFFERING AWARD WHERE CONFLICTING EVIDENCE WAS ...
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The Week in Torts - Cases from the Week of October 5, 2018

Nov 15, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 40 CASES FROM THE WEEK OF OCTOBER 5, 2018 NO AMBIGUITY IN TWO IDENTICAL PROPOSALS FOR SETTLEMENT MADE TO TWO SEPARATE DEFENDANTS. Allen v. Nunez , 43 Fla. L. ...
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The Week in Torts - Cases from the Week of September 28, 2018

Nov 9, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 39 CASES FROM THE WEEK OF SEPTEMBER 28, 2018 LOADERS ARE DANGEROUS INSTRUMENTALITIES. Newton v. Caterpillar Financial Services Corp. , 43 Fla. L. Weekly S415a ...
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The Week in Torts - Cases from the Week of September 21, 2018

Nov 1, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 38 CASES FROM THE WEEK OF SEPTEMBER 21, 2018 THE FOCUS ON A BAD FAITH CASE IS NOT ON THE ACTIONS OF THE INSURED, BUT RATHER ON THE ACTIONS OF THE INSURER IN ...
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Overview of Florida Tort Law

Oct 17, 2018 • Clark Fountain Staff

What Is Tort Law? The term “tort” broadly refers to deliberately committed, wrongful actions (also known as “civil wrongs”) that infringe on the rights of others. In the state of Florida, “tort law” ...
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The Week in Torts - Cases from the Week of September 14, 2018

Oct 15, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 37 CASES FROM THE WEEK OF SEPTEMBER 14, 2018 TRIAL COURT DID NOT DEPART FROM ESSENTIAL REQUIREMENTS OF LAW IN DISQUALIFYING LAW FIRM REPRESENTING PLAINTIFF, WHERE ...
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The Week in Torts - Cases from the Week of September 7, 2018

Oct 9, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 36 CASES FROM THE WEEK OF SEPTEMBER 7, 2018 SUPREME COURT REVERSES DISMISSAL OF A MEDICAL MALPRACTICE CLAIM IN PRESUIT, FINDING EXPERT’S AFFIDAVIT CONTAINED ...
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The Week in Torts - Cases from the Week of August 31, 2018

Oct 1, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 35 CASES FROM THE WEEK OF AUGUST 31, 2018 NO ABUSE OF DISCRETION IN THE AWARD OF A 2.0 CONTINGENCY FEE MULTIPLIER--RISK MULTIPLIERS ARE NO LONGER LIMITED TO RARE ...
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The Week in Torts - Cases from the Week of August 24, 2018

Sep 21, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 34 CASES FROM THE WEEK OF AUGUST 24, 2018 TRIAL COURT DID NOT ABUSE ITS DISCRETION IN REFUSING TO EXCUSE FOR CAUSE A JUROR WHO WORKED AS A PROSECUTOR FOR STATE ...
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The Week in Torts - Cases from the Week of August 10, 2018

Sep 11, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 32 CASES FROM THE WEEK OF AUGUST 10, 2018 SITTING EN BANC , THE THIRD DISTRICT HELD THAT IN ORDER FOR A CONTRACT TO BE RESCINDED ON THE BASIS OF UNILATERAL ...
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The Week in Torts - Cases from the Week of August 3, 2018

Sep 6, 2018 • Clark Fountain Staff

TRIAL COURT ERRED IN AWARDING A LESSER AMOUNT OF COSTS ASSOCIATED WITH FEE CLAIM BECAUSE ATTORNEY WAS AWARDED SIGNIFICANTLY LESS THAN THE AMOUNT HE SOUGHT--A PARTY WHO RECOVERS JUDGMENT IS ENTITLED TO ...
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The Week in Torts - Cases from the Week of July 27, 2018

Aug 31, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 31 CASES FROM THE WEEK OF AUGUST 3, 2018 TRIAL COURT ERRED IN AWARDING A LESSER AMOUNT OF COSTS ASSOCIATED WITH FEE CLAIM BECAUSE ATTORNEY WAS AWARDED ...
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The Week in Torts - Cases from the Week of July 27, 2018

Aug 24, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 30 CASES FROM THE WEEK OF JULY 27, 2018 DISMISSAL OF COMPLAINT TOO SEVERE A SANCTION FOR THE PLAINTIFF’S ATTORNEY’S FAILURE TO COMPLY WITH COURT ORDERS, WHEN THE ...
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The Week in Torts - Cases from the Week of July 20, 2018

Aug 7, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 29 CASES FROM THE WEEK OF JULY 20, 2018 TRIAL COURT APPLIED THE WRONG LEGAL STANDARD IN EVALUATING A MOTION FOR NEW TRIAL (PROPER STANDARD IS WHETHER THE JURY’S ...
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The Week in Torts - Cases from the Week of July 13, 2018

Aug 3, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 28 CASES FROM THE WEEK OF JULY 13, 2018 HIGHLY PREJUDICIAL AND INFLAMMATORY COMMENTS MADE BY INSURED’S COUNSEL BOTH IN CLOSING, AND DURING QUESTIONING OF THE ...
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The Week in Torts - Cases from the Week of July 6, 2018

Jul 31, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 27 CASES FROM THE WEEK OF JULY 6, 2018 THE FLORIDA SUPREME COURT RULES THAT AHCA MAY ONLY ASSERT A LIEN ON THE PAST MEDICAL EXPENSES PORTION OF A VICTIM’S TORT ...
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The Week in Torts - Cases from the Week of June 29, 2018

Jul 23, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 26 CASES FROM THE WEEK OF JUNE 29, 2018 TRIAL COURT ERRED IN DENYING DEFENDANT’S MOTION FOR DIRECTED VERDICT IN POWER EMPLOYEE’S CASE AGAINST POWER COMPANY ...
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The Week in Torts - Cases from the Week of June 22, 2018

Jul 19, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 25 CASES FROM THE WEEK OF JUNE 22, 2018 ORDER DENYING MOTION TO DISMISS ON GROUND OF SOVEREIGN IMMUNITY NOT APPEALABLE FOR FAILING TO RULE BASED ON SOVEREIGN ...
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The Week in Torts - Cases from the Week of June 15, 2018

Jul 11, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 24 CASES FROM THE WEEK OF JUNE 15, 2018 IN A DECISION WHICH ADMITS THAT “PATENCY VS. LATENCY” UNDER THE SLAVIN DOCTRINE IS GENERALLY A FACT QUESTION, THE COURT ...
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The Week in Torts - Cases from the Week of June 8, 2018

Jul 2, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 23 CASES FROM THE WEEK OF JUNE 8, 2018 TRIAL COURT ERRED IN DENYING DEFENDANT INSURER’S COUNSEL’S GENUINE ASSERTION OF HIS PEREMPTORY CHALLENGE OF AFRICAN-AMERICAN ...
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The Week in Torts - Cases from the Week of June 1, 2018

Jun 25, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 22 CASES FROM THE WEEK OF JUNE 1, 2018 SUFFICIENT EVIDENCE EXISTED TO ESTABLISH THE REASONABLENESS AND NECESSITY OF THE MEDICAL BILLS--TRIAL COURT DID NOT ABUSE ...
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The Week in Torts - Cases from the Week of May 25, 2018

Jun 15, 2018 • Clark Fountain Staff

A woman who was trapped and injured in an elevator sued the building owner as well as Schindler, alleging that the property owner had breached a common law duty to use reasonable care in the ...
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The Week in Torts - Cases from the Week of May 18, 2018

Jun 6, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 20 CASES FROM THE WEEK OF MAY 18, 2018 A MOTION TO ENLARGE THE TIME TO ACCEPT A PROPOSAL FOR SETTLEMENT DOES NOT AUTOMATICALLY TOLL THE 30-DAY DEADLINE FOR ...
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The Week in Torts - Cases from the Week of May 11, 2018

May 31, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 19 CASES FROM THE WEEK OF MAY 11, 2018 ERROR TO DENY A MOTION FOR SANCTIONS UNDER SECTION 57.105 ON THE BASIS THAT IT WAS NOT SERVED IN COMPLIANCE WITH EMAIL ...
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The Week in Torts - Cases from the Week of May 4, 2018

May 23, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 18 CASES FROM THE WEEK OF MAY 4, 2018 VERDICT AWARDING DAMAGES FOR PAST MEDICAL EXPENSES BUT NOTHING FOR PAST OR FUTURE PAIN AND SUFFERING WAS NOT LEGALLY ...
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