Recent Posts in The Week In Torts Category

The Week in Torts - Cases From the Week of September 24, 2021

Oct 13, 2021 • Clark Fountain Staff

I think we told you. FLORIDA LAW WEEKLY VOLUME 46, NUMBER 38 CASES FROM THE WEEK SEPTEMBER 24, 2021 COURT FINDS NO VIOLATION OF PLAINTIFF’S DUE PROCESS IN STRIKING HER COMPLAINT, NOTWITHSTANDING THAT ...
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The Week in Torts - Cases From the Week of September 17, 2021

Oct 6, 2021 • Clark Fountain Staff

If you need more time, put it in writing FLORIDA LAW WEEKLY VOLUME 46, NUMBER 37 CASES FROM THE WEEK SEPTEMBER 17, 2021 TRIAL COURT DID NOT ERR IN ENTERING SUMMARY JUDGMENT FOR DEFENDANT WHERE THE ...
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The Week in Torts - Cases From the Week of September 10, 2021

Sep 28, 2021 • Clark Fountain Staff

What really goes into computing the "judgment obtained"? FLORIDA LAW WEEKLY VOLUME 46, NUMBER 36 CASES FROM THE WEEK SEPTEMBER 10, 2021 SUPREME COURT REMOVES “POST-OFFER PREJUDGMENT INTEREST” FROM THE ...
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The Week in Torts - Cases From the Week of September 3, 2021

Sep 23, 2021 • Clark Fountain Staff

Is she too important to be deposed? FLORIDA LAW WEEKLY VOLUME 46, NUMBER 35 CASES FROM THE WEEK SEPTEMBER 3, 2021 NEW SUBSECTION TO RULE 1.280 IN RE: AMENDMENT TO RULE OF CIVIL PROCEDURE 1.280, 46 ...
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The Week in Torts - Cases From the Week of August 27, 2021

Sep 15, 2021 • Clark Fountain Staff

I need to know EXACTLY when FLORIDA LAW WEEKLY VOLUME 46, NUMBER 34 CASES FROM THE WEEK AUGUST 27, 2021 MOTION TO DISQUALIFY JUDGE FILED MONTHS AFTER THE JUDGE WAS ASSIGNED WAS LEGALLY INSUFFICIENT IN ...
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The Week in Torts - Cases From the Week of August 20, 2021

Sep 8, 2021 • Clark Fountain Staff

You're just not that important FLORIDA LAW WEEKLY VOLUME 46, NUMBER 33 CASES FROM THE WEEK AUGUST 20, 2021 TRIAL COURT ERRED IN DENYING DEFENDANT’S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT ON ...
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The Week in Torts - Cases From the Week of August 13, 2021

Sep 1, 2021 • Clark Fountain Staff

Late is late FLORIDA LAW WEEKLY VOLUME 46, NUMBER 32 CASES FROM THE WEEK AUGUST 13, 2021 PLAINTIFFS’ CLAIMS AGAINST DECEDENT DRIVER’S ESTATE TIME-BARRED FOR FAILURE TO MAKE A CLAIM WITHIN TWO YEARS OF ...
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The Week in Torts - Cases From the Week of August 6, 2021

Aug 25, 2021 • Clark Fountain Staff

Now, let's see if you remember... FLORIDA LAW WEEKLY VOLUME 46, NUMBER 31 CASES FROM THE WEEK AUGUST 6, 2021 ERROR TO PRECLUDE TESTIMONY WITHOUT GIVING PARTY A CHANCE TO LAY FOUNDATION FOR PAST ...
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The Week in Torts - Cases From the Week of July 30, 2021

Aug 18, 2021 • Clark Fountain Staff

Adverse inference, even without a duty to preserve. FLORIDA LAW WEEKLY VOLUME 46, NUMBER 30 CASES FROM THE WEEK JULY 30, 2021 SPOLIATION JURY INSTRUCTION UPHELD IN TOBACCO CASE WHERE DECEDENT’S ...
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The Week in Torts - Cases From the Week of July 23, 2021

Aug 11, 2021 • Clark Fountain Staff

The trifecta - jurisdiction, venue and forum non conveniens FLORIDA LAW WEEKLY VOLUME 46, NUMBER 29 CASES FROM THE WEEK JULY 23, 2021 NO PERSONAL JURISDICTION WHEN PLAINTIFF FAILED TO MAKE PROPER ...
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The Week in Torts - Cases From the Week of July 16, 2021

Aug 4, 2021 • Clark Fountain Staff

Not so fast, Your Honor. FLORIDA LAW WEEKLY VOLUME 46, NUMBER 28 CASES FROM THE WEEK JULY 16, 2021 A TRIAL JUDGE MAY NOT SUA SPONTE TRANSFER VENUE UNTIL THERE IS A SHOWING THAT THE PLAINTIFF’S CHOSEN ...
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The Week in Torts - Cases From the Week of July 9, 2021

Jul 28, 2021 • Clark Fountain Staff

Thank you sir, may I have another? FLORIDA LAW WEEKLY VOLUME 46, NUMBER 27 CASES FROM THE WEEK JULY 9, 2021 ANOTHER CASE DISCUSSING INFLAMMATORY CLOSING ARGUMENTS R.J. Reynolds v. Mahfuz, 46 Fla. L. ...
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The Week in Torts - Cases From the Week of July 2, 2021

Jul 21, 2021 • Clark Fountain Staff

More Worley ball FLORIDA LAW WEEKLY VOLUME 46, NUMBER 26 CASES FROM THE WEEK JULY 2, 2021 UNDER WORLEY , DISCOVERY DIRECTED TO A PARTY’S RELATIONSHIP WITH AN EXPERT IS FAIR GAME, BUT DISCOVERY ...
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The Week in Torts - Cases From the Week of June 25, 2021

Jul 13, 2021 • Clark Fountain Staff

Calling out bad behavior... FLORIDA LAW WEEKLY VOLUME 46, NUMBER 25 CASES FROM THE WEEK JUNE 25, 2021 JUDGE’S CONCURRENCE CALLS OUT UNPROFESSIONAL CONDUCT (REPEATEDLY CAUSING MISTRIALS) Cemoni v. ...
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The Week in Torts - Cases From the Week of June 18, 2021

Jul 6, 2021 • Clark Fountain Staff

No setoff for UM or Bad Faith settlements FLORIDA LAW WEEKLY VOLUME 46, NUMBER 24 CASES FROM THE WEEK JUNE 18, 2021 TRIAL COURT PROPERLY REJECTED DEFENDANT’S ARGUMENT FOR SETOFF FROM BAD FAITH/UM ...
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The Week in Torts - Cases From the Week of June 11, 2021

Jun 30, 2021 • Clark Fountain Staff

Court cracks Binger whip FLORIDA LAW WEEKLY VOLUME 46, NUMBER 23 CASES FROM THE WEEK June 11, 2021 TRIAL COURT ABUSED DISCRETION IN ALLOWING TESTIMONY ABOUT SURVEILLANCE VIDEO WHEN DEFENDANT DID NOT ...
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The Week in Torts - Cases From the Week of June 4, 2021

Jun 23, 2021 • Clark Fountain Staff

We always knew the insurance company was the client. FLORIDA LAW WEEKLY VOLUME 46, NUMBER 22 CASES FROM THE WEEK June 4, 2021 INSURANCE COMPANIES HAVE STANDING TO BRING LEGAL MALPRACTICE CASES AGAINST ...
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The Week in Torts - Cases From the Week of May 28, 2021

Jun 16, 2021 • Clark Fountain Staff

You get what you pay for FLORIDA LAW WEEKLY VOLUME 46, NUMBER 21 CASES FROM THE WEEK MAY 28, 2021 TRIAL COURT ERRED IN ALLOWING THE PLAINTIFF TO INTRODUCE THE TOTAL GROSS AMOUNT OF THE MEDICAL ...
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The Week in Torts - Cases From the Week of May 21, 2021

Jun 9, 2021 • Clark Fountain Staff

Sorry, G4S, you only get LIMITED immunity FLORIDA LAW WEEKLY VOLUME 46, NUMBER 20 CASES FROM THE WEEK MAY 21, 2021 ERROR TO TRANSFER VENUE WHERE MOTION WAS NOT VERIFIED OR SUPPORTED BY AFFIDAVIT ...
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The Week in Torts - Cases From the Week of May 14, 2021

Jun 2, 2021 • Clark Fountain Staff

Sometimes they are just good ol' fashioned permissible inferences FLORIDA LAW WEEKLY VOLUME 46, NUMBER 19 CASES FROM THE WEEK MAY 14, 2021 WITHOUT A MOTION FOR DIRECTED VERDICT, THE TRIAL COURT ERRED ...
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The Week in Torts - Cases From the Week of May 7, 2021

May 25, 2021 • Clark Fountain Staff

Two-issues, one affirmance FLORIDA LAW WEEKLY VOLUME 46, NUMBER 18 CASES FROM THE WEEK MAY 7, 2021 TWO- ISSUE RULE SAVES PLAINTIFF FROM REVERSAL ON DAUBERT -- COURT REVERSES AND REMANDS FOR ...
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The Week in Torts - Cases From the Week of April 30, 2021

May 18, 2021 • Clark Fountain Staff

Dawning of a new summary judgment age FLORIDA LAW WEEKLY VOLUME 46, NUMBER 17 CASES FROM THE WEEK APRIL 30, 2021 IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE 1.510, 46 Fla. L. Weekly S95 (Fla. ...
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The Week in Torts - Cases From the Week of April 23, 2021

May 12, 2021 • Clark Fountain Staff

Friends don't let friends sign contracts for their children FLORIDA LAW WEEKLY VOLUME 46, NUMBER 16 CASES FROM THE WEEK APRIL 23, 2021 TRIAL COURT PROPERLY DENIED DEFENDANT’S MOTION TO COMPEL ...
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The Week in Torts - Cases From the Week of April 26, 2021

May 4, 2021 • Clark Fountain Staff

Can't just take your word for it... FLORIDA LAW WEEKLY VOLUME 46, NUMBER 15 CASES FROM THE WEEK APRIL 26, 2021 CERTIORARI GRANTED – TRIAL COURT APPLIED WRONG STANDARD IN ALLOWING PLAINTIFFS TO AMEND ...
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The Week in Torts - Cases From the Week of April 9, 2021

Apr 28, 2021 • Clark Fountain Staff

You need more ties to sue... FLORIDA LAW WEEKLY VOLUME 46, NUMBER 14 CASES FROM THE WEEK APRIL 9, 2021 NO ABUSE OF DISCRETION IN DISMISSING SLIP AND FALL CASE THAT OCCURRED IN A HOTEL ROOM IN JAMAICA, ...
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