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Recent Posts in The Week In Torts Category
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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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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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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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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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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The Week in Torts - Cases from the Week of October 25, 2019
Nov 13, 2019 • Julie Littky-Rubin
Is the crisis over? FLORIDA LAW WEEKLY VOLUME 44, NUMBER 43 CASES FROM THE WEEK OF OCTOBER 25, 2019 COURT PONDERS WHETHER THE “CRISIS” WHICH RESULTED IN THE ONEROUS MEDICAL MALPRACTICE LAW PRECLUDING ...
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The Week in Torts - Cases from the Week of October 18, 2019
Nov 6, 2019 • Julie Littky-Rubin
Small case not worth $350K in fees. FLORIDA LAW WEEKLY VOLUME 44, NUMBER 42 CASES FROM THE WEEK OF OCTOBER 18, 2019 PROPOSAL AMOUNTS TO INDIVIDUAL DEFENDANTS ARE GENERALLY “SEPARATE”—REASONABLENESS OF ...
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The Week in Torts - Cases from the Week of October 11, 2019
Oct 29, 2019 • Julie Littky-Rubin
Be careful if the Plaintiff was drinking. FLORIDA LAW WEEKLY VOLUME 44, NUMBER 41 CASES FROM THE WEEK OF OCTOBER 11, 2019 COURT REVERSES DIRECTED VERDICT ENTERED FOR PLAINTIFF ON DRUG AND ALCOHOL ...
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The Week in Torts - Cases from the Week of October 4, 2019
Oct 23, 2019 • Clark, Fountain, La Vista, Prather & Littky-Rubin
Who got the Judgment? FLORIDA LAW WEEKLY VOLUME 44, NUMBER 40 CASES FROM THE WEEK OF OCTOBER 4, 2019 THE “PARTY RECOVERING JUDGMENT” AND NOT THE “PREVAILING PARTY” IS THE ONE ENTITLED TO RECOVERING ...
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The Week in Torts - Cases from the Week of September 27, 2019
Oct 7, 2019 • Julie Littky-Rubin
I'm sorry! FLORIDA LAW WEEKLY VOLUME 44, NUMBER 39 CASES FROM THE WEEK OF SEPTEMBER 27, 2019 TRIAL COURT ERRED IN DENYING MOTION FOR REHEARING WHEN MOTION STATED A COLORABLE ENTITLEMENT TO RELIEF ...
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The Week in Torts - Cases from the Week of September 20, 2019
Oct 7, 2019 • Julie Littky-Rubin
That's not too much! FLORIDA LAW WEEKLY VOLUME 44, NUMBER 38 CASES FROM THE WEEK OF SEPTEMBER 20, 2019 NO ABUSE OF DISCRETION IN DENYING DEFENDANT’S MOTION FOR A NEW TRIAL OR REMITTITUR ON A VERDICT ...
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The Week in Torts - Cases from the Week of September 13, 2019
Oct 2, 2019 • Julie Littky-Rubin
I'm taking it again! FLORIDA LAW WEEKLY VOLUME 44, NUMBER 37 CASES FROM THE WEEK OF SEPTEMBER 13, 2019 A MATERIAL WITNESS MAY BE RE-DEPOSED IN A RELATED CASE WHEN PLAINTIFF WAS NOT A PARTY IN THE ...
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The Week in Torts - Cases from the Week of September 6, 2019
Sep 25, 2019 • Julie Littky-Rubin
I want the top guy. FLORIDA LAW WEEKLY VOLUME 44, NUMBER 36 CASES FROM THE WEEK OF SEPTEMBER 6, 2019 CHAIRMAN OF THE BOARD OF SUZUKI COULD BE DEPOSED BASED ON THE UNIQUE KNOWLEDGE AND SPECIFIC FACTS ...
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The Week in Torts - Cases from the Week of August 30, 2019
Sep 17, 2019 • Julie Littky-Rubin
So when is a "fall" med mal? FLORIDA LAW WEEKLY VOLUME 44, NUMBER 35 CASES FROM THE WEEK OF AUGUST 30, 2019 WHEN A NURSE ALLEGEDLY CAUSES A PATIENT WHO IS A “FALL RISK” TO FALL WHILE HELPING THE ...
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The Week in Torts - Cases from the Week of August 23, 2019
Sep 9, 2019 • Julie Littky-Rubin
"It's not mine!" FLORIDA LAW WEEKLY VOLUME 44, NUMBER 34 CASES FROM THE WEEK OF AUGUST 23, 2019 FATHER WITH NAKED LEGAL TITLE WAS NOT VICARIOUSLY LIABLE AS THE OWNER FOR THE WRONGFUL DEATH CAUSED BY ...
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The Week in Torts - Cases from the Week of August 16, 2019
Aug 30, 2019 • Julie Littky-Rubin
Get your objections right. FLORIDA LAW WEEKLY VOLUME 44, NUMBER 33 CASES FROM THE WEEK OF AUGUST 16, 2019 THERE IS A DIFFERENCE BETWEEN “GOLDEN RULE” AND “CONSCIENCE OF THE COMMUNITY” ARGUMENTS; MUST ...
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The Week in Torts - Cases from the Week of August 9, 2019
Aug 27, 2019 • Julie Littky-Rubin
Baseless opinions still don't fly under Daubert. FLORIDA LAW WEEKLY VOLUME 44, NUMBER 32 CASES FROM THE WEEK OF AUGUST 9, 2019 BECAUSE TRIAL COURT ERRONEOUSLY ADMITTED AN EXPERT’S OPINION THAT HAD NOT ...
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The Week in Torts - Cases from the Week of August 2, 2019
Aug 20, 2019 • Julie Littky-Rubin
White men are a protected class. FLORIDA LAW WEEKLY VOLUME 44, NUMBER 31 CASES FROM THE WEEK OF AUGUST 2, 2019 WHITE MALES ARE A PROTECTED CLASS IN JURY SELECTION. Beal v. State, 44 Fla. L. Weekly ...
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The Week in Torts - Cases from the Week of July 26, 2019
Aug 13, 2019 • Julie Littky-Rubin
Inexcusable neglect... FLORIDA LAW WEEKLY VOLUME 44, NUMBER 30 CASES FROM THE WEEK OF JULY 26, 2019 TRIAL COURT ABUSED DISCRETION IN GRANTING MOTION TO VACATE DEFAULT JUDGMENT – NO SHOWING OF ...
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The Week in Torts - Cases from the Week of July 19, 2019
Aug 6, 2019 • Julie Littky-Rubin
Is a video the "be all end all"? FLORIDA LAW WEEKLY VOLUME 44, NUMBER 29 CASES FROM THE WEEK OF JULY 19, 2019 ERRED TO GRANT SUMMARY JUDGMENT IN A REAR-END COLLISION CASE. Lopez v. Wilson Art, LLC and ...
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The Week in Torts - Cases from the Week of July 12, 2019
Jul 26, 2019 • Julie Littky-Rubin
We hate technicalities! FLORIDA LAW WEEKLY VOLUME 44, NUMBER 28 CASES FROM THE WEEK OF JULY 12, 2019 AS DECISIONAL LAW PROVIDES A BASIS FOR ALLOWING MOTIONS FOR SUBSTITUTION TO BE FILED AFTER THE ...
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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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