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Recent Posts in The Week In Torts Category
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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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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