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Recent Posts in The Week In Torts Category
The Week in Torts - Cases from the Week of November 6, 2020
Nov 24, 2020 • Clark Fountain Staff
Sometimes, what's in writing isn't enough FLORIDA LAW WEEKLY VOLUME 45, NUMBER 44 CASES FROM THE WEEK NOVEMBER 6, 2020 REVERSIBLE ERROR FOR THE TRIAL COURT TO EXCUSE EIGHT PROSPECTIVE JURORS BASED ...
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The Week in Torts - Cases from the Week of October 30, 2020
Nov 16, 2020 • Clark Fountain Staff
Which court are we in again?! FLORIDA LAW WEEKLY VOLUME 45, NUMBER 43 CASES FROM THE WEEK OCTOBER 30, 2020 ORDER GRANTING MOTION TO AMEND COMPLAINT TO ADD CLAIM FOR PUNITIVE DAMAGES IMPERMISSIBLY USED ...
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The Week in Torts - Cases from the Week of October 23, 2020
Nov 10, 2020 • Clark Fountain Staff
That's enough time... FLORIDA LAW WEEKLY VOLUME 45, NUMBER 42 CASES FROM THE WEEK OCTOBER 23, 2020 COURT REVERSED ORDER GRANTING PLAINTIFF A NEW TRIAL AFTER THE TRIAL JUDGE LIMITED VOIR DIRE TO ONE ...
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The Week in Torts - Cases from the Week of October 16, 2020
Nov 2, 2020 • Clark Fountain Staff
Can a consumer ever really expect such a thing? FLORIDA LAW WEEKLY VOLUME 45, NUMBER 41 CASES FROM THE WEEK OCTOBER 16, 2020 CONSUMER EXPECTATIONS TEST WILL NOT ALWAYS APPLY IN CASES INVOLVING COMPLEX ...
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The Week in Torts - Cases from the Week of October 9, 2020
Oct 26, 2020 • Clark Fountain Staff
That ain't dilligence... FLORIDA LAW WEEKLY VOLUME 45, NUMBER 40 CASES FROM THE WEEK OCTOBER 9, 2020 A PARTY MERELY STATING THAT HE OR SHE DID NOT LEARN OF AN ERROR UNTIL AFTER THE TRIAL, WHEN THE ...
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The Week in Torts - Cases from the Week of October 2, 2020
Oct 20, 2020 • Clark Fountain Staff
This isn't your grandmother's referral FLORIDA LAW WEEKLY VOLUME 45, NUMBER 39 CASES FROM THE WEEK OCTOBER 2, 2020 FEE SPLITTING AGREEMENT BETWEEN TWO LAW FIRMS VOID FOR FAILING TO COMPLY WITH THE ...
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The Week in Torts - Cases from the Week of September 25, 2020
Oct 12, 2020 • Clark Fountain Staff
Mass shooting? Sorry, it's just a single incident... FLORIDA LAW WEEKLY VOLUME 45, NUMBER 38 CASES FROM THE WEEK SEPTEMBER 25, 2020 THE SOVEREIGN IMMUNITY CAP LIMITING RECOVERY OF CLAIMS “ARISING OUT ...
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The Week in Torts - Cases from the Week of September 18, 2020
Oct 5, 2020 • Clark Fountain Staff
I swear, she's the one who sent those texts! FLORIDA LAW WEEKLY VOLUME 45, NUMBER 37 CASES FROM THE WEEK SEPTEMBER 18, 2020 TEXT MESSAGES WHICH WERE THE SOLE EVIDENCE SUPPORTING ENTRY OF AN ...
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The Week in Torts - Cases from the Week of September 11, 2020
Sep 28, 2020 • Julie Littky-Rubin
When we say last pleading, we MEAN the last pleading FLORIDA LAW WEEKLY VOLUME 45, NUMBER 36 CASES FROM THE WEEK SEPTEMBER 11, 2020 COURT REVERSES FINAL JUDGMENT IN CASE WHERE CASE WAS SET FOR TRIAL, ...
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The Week in Torts - Cases from the Week of September 4, 2020
Sep 22, 2020 • Clark Fountain Staff
Typing, Texting and Linking FLORIDA LAW WEEKLY VOLUME 45, NUMBER 35 CASES FROM THE WEEK SEPTEMBER 4, 2020 WHERE DEFENDANT WAS THE DRIVER OF A VEHICLE WHICH KILLED A PEDESTRIAN, IT WAS A DEPARTURE FROM ...
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The Week in Torts - Cases from the Week of August 28, 2020
Sep 15, 2020 • Clark Fountain Staff
That really WAS a mistake — you're off the hook FLORIDA LAW WEEKLY VOLUME 45, NUMBER 34 CASES FROM THE WEEK AUGUST 28, 2020 EXCUSABLE NEGLECT SUPPORTED PLAINTIFF’S MOTION SEEKING TO WITHDRAW A ...
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The Week in Torts - Cases from the Week of August 21, 2020
Sep 8, 2020 • Clark Fountain Staff
I don't care if you're young, you lied! FLORIDA LAW WEEKLY VOLUME 45, NUMBER 33 CASES FROM THE WEEK AUGUST 21, 2020 COURT ENFORCES ARBITRATION AGREEMENT WHERE MINOR FRAUDULENTLY EXECUTED THE RELEASE ...
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The Week in Torts - Cases from the Week of August 7, 2020
Aug 25, 2020 • Clark Fountain Staff
A tragedy with no duty FLORIDA LAW WEEKLY VOLUME 45, NUMBER 31 CASES FROM THE WEEK AUGUST 7, 2020 THE TRIAL COURT PROPERLY ENTERED SUMMARY JUDGMENT FOR DEFENDANT FINDING IT DID NOT CREATE A ...
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The Week in Torts - Cases from the Week of July 31, 2020
Aug 18, 2020 • Clark Fountain Staff
If it's new, it's not relating back FLORIDA LAW WEEKLY VOLUME 45, NUMBER 30 CASES FROM THE WEEK JULY 31, 2020 AMENDMENT ADDING CHILDREN’S LOSS OF PARENTAL CONSORTIUM CLAIM DID NOT RELATE BACK TO THE ...
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The Week in Torts - Cases from the Week of July 24, 2020
Aug 11, 2020 • Clark Fountain Staff
Nothing good comes from an opened door at trial FLORIDA LAW WEEKLY VOLUME 45, NUMBER 29 CASES FROM THE WEEK JULY 24, 2020 TRIAL COURT PROPERLY ALLOWED DEFENDANT TO IMPEACH PLAINTIFF WITH EVIDENCE OF ...
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The Week in Torts - Cases from the Week of July 17, 2020
Aug 5, 2020 • Clark Fountain Staff
Sometime it really is too late FLORIDA LAW WEEKLY VOLUME 45, NUMBER 28 CASES FROM THE WEEK JULY 17, 2020 NO ABUSE OF DISCRETION IN EXCLUDING PLAINTIFF’S EXPERT UPDATED OPINIONS DISCLOSED ON THE EVE OF ...
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The Week in Torts - Cases from the Week of July 10, 2020
Jul 29, 2020 • Clark Fountain Staff
What the judge giveth, the court taketh away FLORIDA LAW WEEKLY VOLUME 45, NUMBER 27 CASES FROM THE WEEK JULY 10, 2020 AFTER THE TRIAL COURT GRANTED A NEW TRIAL FOR THE PLAINTIFF IN AN AUTOMOBILE ...
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The Week in Torts - Cases from the Week of July 3, 2020
Jul 22, 2020 • Julie Littky-Rubin
FLORIDA LAW WEEKLY VOLUME 45, NUMBER 26 CASES FROM THE WEEK JULY 3, 2020 TRIAL COURT ERRED IN DENYING INSURER’S MOTION TO SET OFF PRIOR SETTLEMENTS FROM VERDICT AGAINST UM CARRIER. Liberty Mutual v. ...
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The Week in Torts - Cases from the Week of June 26, 2020
Jul 15, 2020 • Julie Littky-Rubin
Is It Good For The Goose? FLORIDA LAW WEEKLY VOLUME 45, NUMBER 25 CASES FROM THE WEEK JUNE 26, 2020 COURT DENIES CERTIORARI FROM AN ORDER COMPELLING PRODUCTION OF FINANCIAL INFORMATION REGARDING ...
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The Week in Torts - Cases from the Week of June 19, 2020
Jul 8, 2020 • Julie Littky-Rubin
Frivolous? Show me! FLORIDA LAW WEEKLY VOLUME 45, NUMBER 24 CASES FROM THE WEEK JUNE 19, 2020 ERROR TO CONSIDER MATTERS OUTSIDE OF FOUR CORNERS OF COMPLAINT WHEN RULING ON MOTION TO DISMISS--TRIAL ...
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The Week in Torts - Cases from the Week of June 12, 2020
Jul 1, 2020 • Julie Littky-Rubin
"Was the conduct that bizarre" FLORIDA LAW WEEKLY VOLUME 45, NUMBER 23 CASES FROM THE WEEK JUNE 12, 2020 TRIAL COURT SHOULD HAVE DIRECTED A VERDICT FOR THE PRODUCT MANUFACTURER DEFENDANT, WHERE ...
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The Week in Torts - Cases from the Week of June 5, 2020
Jun 24, 2020 • Julie Littky-Rubin
"Hard to find someone responsible for someone else’s crimes" FLORIDA LAW WEEKLY VOLUME 45, NUMBER 22 CASES FROM THE WEEK JUNE 5, 2020 MENTAL HEALTH FACILITY OWED NO DUTY TO PREVENT MARJORY STONEMAN ...
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The Week in Torts - Cases from the Week of May 29, 2020
Jun 17, 2020 • Julie Littky-Rubin
Keep up with Multipliers FLORIDA LAW WEEKLY VOLUME 45, NUMBER 21 CASES FROM THE WEEK May 29, 2020 MOST RECENT LEGAL GUIDANCE REGARDING CONTINGENCY FEE MULTIPLIERS. Wesson v. Florida Peninsula ...
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The Week in Torts - Cases from the Week of May 22, 2020
Jun 9, 2020 • Julie Littky-Rubin
"Are you for real?" FLORIDA LAW WEEKLY VOLUME 45, NUMBER 20 CASES FROM THE WEEK May 22, 2020 TO PRESERVE AN OBJECTION TO THE ADVERSE PARTY’S PROFFERED RACE-NEUTRAL REASON FOR A PEREMPTORY STRIKE, ...
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The Week in Torts - Cases from the Week of May 15, 2020
Jun 3, 2020 • Julie Littky-Rubin
"Can I Intervene, Pretty Please?" FLORIDA LAW WEEKLY VOLUME 45, NUMBER 19 CASES FROM THE WEEK May 15, 2020 EXCESS INSURER’S INTEREST IN DISTRIBUTING REMAINING INSURANCE PROCEEDS NOT SUPPORTIVE OF ...
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