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Recent Posts in The Week In Torts Category
The Week in Torts - Cases from the Week of February 5, 2021
Feb 23, 2021 • Clark Fountain Staff
If it's vicarious, you better plead it! FLORIDA LAW WEEKLY VOLUME 46, NUMBER 5 CASES FROM THE WEEK FEBRUARY 5, 2021 PLAINTIFF MUST SPECIFICALLY PLEAD VICARIOUS LIABILITY TO AVOID SUMMARY JUDGMENT ...
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The Week in Torts - Cases from the Week of January 29, 2021
Feb 17, 2021 • Clark Fountain Staff
That ain't control… FLORIDA LAW WEEKLY VOLUME 46, NUMBER 4 CASES FROM THE WEEK JANUARY 29, 2021 SUMMARY JUDGMENT FOR FRANCHISOR PROPER BECAUSE IT HAD NO LEGAL DUTY TO THE PLAINTIFF, AND COULD NOT BE ...
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The Week in Torts - Cases from the Week of January 22, 2021
Feb 10, 2021 • Clark Fountain Staff
We see right through you… FLORIDA LAW WEEKLY VOLUME 46, NUMBER 3 CASES FROM THE WEEK JANUARY 22, 2021 COURT REVERSED FOR A NEW TRIAL FINDING THE TRIAL COURT SHOULD NOT HAVE ALLOWED THE STATE TO ...
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The Week in Torts - Cases from the Week of January 15, 2021
Feb 3, 2021 • Clark Fountain Staff
To amend for punies you need a reasonable basis FLORIDA LAW WEEKLY VOLUME 46, NUMBER 2 CASES FROM THE WEEK JANUARY 15, 2021 SUCCESSOR JUDGE PROPERLY RECONSIDERED PREDECESSOR JUDGE'S DENIAL OF MOTION ...
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The Week in Torts - Cases from the Week of January 8, 2021
Jan 27, 2021 • Clark Fountain Staff
There is a new summary judgment standard in town FLORIDA LAW WEEKLY VOLUME 46, NUMBER 1 CASES FROM THE WEEK JANUARY 8, 2021 FLORIDA PREPARES TO ADOPT FEDERAL SUMMARY JUDGMENT STANDARD—COURT ADVISES IT ...
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The Week in Torts - Cases from the Week of December 25, 2020
Jan 18, 2021 • Clark Fountain Staff
The future is uncertain FLORIDA LAW WEEKLY VOLUME 45, NUMBER 51 CASES FROM THE WEEK DECEMBER 25, 2020 NO ABUSE OF DISCRETION TO DENY ADDITUR AND MOTION FOR NEW TRIAL BASED ON ZERO VERDICT FOR FUTURE ...
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The Week in Torts - Cases from the Week of December 18, 2020
Jan 12, 2021 • Clark Fountain Staff
Are we bound for more Joerg erosion? FLORIDA LAW WEEKLY VOLUME 45, NUMBER 50 CASES FROM THE WEEK DECEMBER 18, 2020 TRIAL COURT DID NOT ERR IN LIMITING PLAINTIFF’S EVIDENCE OF PAST MEDICAL EXPENSES TO ...
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The Week in Torts - Cases from the Week of December 11, 2020
Jan 5, 2021 • Clark Fountain Staff
Excusable neglect or you just didn't act? FLORIDA LAW WEEKLY VOLUME 45, NUMBER 49 CASES FROM THE WEEK DECEMBER 11, 2020 TRIAL COURT ABUSED DISCRETION IN GRANTING RULE 1.540(b) MOTION TO VACATE DEFAULT ...
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The Week in Torts - Cases from the Week of December 4, 2020
Dec 21, 2020 • Clark Fountain Staff
Arrivederci Times New Roman! FLORIDA LAW WEEKLY VOLUME 45, NUMBER 48 CASES FROM THE WEEK DECEMBER 4, 2020 COURT ADOPTS AMENDMENTS TO APPELLATE RULES. In re: Amendments to Florida Rules of Appellate ...
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The Week in Torts - Cases from the Week of November 27, 2020
Dec 15, 2020 • Clark Fountain Staff
Not enough contact, I'm afraid FLORIDA LAW WEEKLY VOLUME 45, NUMBER 47 CASES FROM THE WEEK NOVEMBER 27, 2020 ERROR TO FIND PERSONAL JURISDICTION UNDER THE FACTS. Piazenko v. Pier Marine Interiors, 45 ...
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The Week in Torts - Cases from the Week of November 20, 2020
Dec 9, 2020 • Clark Fountain Staff
Fees, fees, fees.. FLORIDA LAW WEEKLY VOLUME 45, NUMBER 46 CASES FROM THE WEEK NOVEMBER 20, 2020 COURT FINDS AWARD OF ATTORNEYS’ FEES EXCESSIVE—ALSO RULES THAT COURT MISAPPLIED MULTIPLIER Universal ...
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The Week in Torts - Cases from the Week of November 13, 2020
Nov 30, 2020 • Clark Fountain Staff
More bombs in the minefield FLORIDA LAW WEEKLY VOLUME 45, NUMBER 45 CASES FROM THE WEEK NOVEMBER 13, 2020 COURT REMITS LEGAL MALPRACTICE VERDICT FINDING THAT ONLY A FRACTION OF IT WAS COLLECTABLE ...
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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 diligence... 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 14, 2020
Sep 1, 2020 • Clark Fountain Staff
We Won't Hold You To It FLORIDA LAW WEEKLY VOLUME 45, NUMBER 32 CASES FROM THE WEEK AUGUST 14, 2020 IMPORTANT AMENDMENTS TO THE NEW CIVIL COVER SHEET FORM. In Re: Amendments to the Florida Rules of ...
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