Recent Posts in The Week In Torts Category

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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The Week in Torts - Cases From the Week of April 2, 2021

Apr 21, 2021 • Clark Fountain Staff

Hmm, not race-based, really? FLORIDA LAW WEEKLY VOLUME 46, NUMBER 13 CASES FROM THE WEEK APRIL 2, 2021 PLAINTIFFS’ VERDICT IN WRONGFUL DEATH CASE AFFIRMED – TRIAL COURT PROPERLY DENIED RACE-BASED ...
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The Week in Torts - Cases from the Week of March 26, 2021

Apr 14, 2021 • Clark Fountain Staff

Too soon... FLORIDA LAW WEEKLY VOLUME 46, NUMBER 12 CASES FROM THE WEEK MARCH 26, 2021 DEFENDANT’S PROPOSAL FOR SETTLEMENT SERVED ON SECOND PLAINTIFF ELEVEN DAYS AFTER FIRST PLAINTIFF ADDED HER TO THE ...
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The Week in Torts - Cases from the Week of March 19, 2021

Apr 7, 2021 • Clark Fountain Staff

How many accidents? FLORIDA LAW WEEKLY VOLUME 46, NUMBER 11 CASES FROM THE WEEK MARCH 19, 2021 NO ERROR IN TRIAL COURT INSTRUCTING JURY THAT MULTIPLE IMPACTS CAN CONSTITUTE ONE ACCIDENT, IF THERE IS ...
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The Week in Torts - Cases from the Week of March 12, 2021

Mar 31, 2021 • Clark Fountain Staff

Tomato/Tomahto FLORIDA LAW WEEKLY VOLUME 46, NUMBER 10 CASES FROM THE WEEK MARCH 12, 2021 TRIAL COURT ERRED IN DENYING MOVANT’S MOTION FOR CONTINUANCE TO ENABLE HIM TO CORRECT TECHNICAL DIFFERENCES ...
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The Week in Torts - Cases from the Week of March 5, 2021

Mar 24, 2021 • Clark Fountain Staff

A double blow FLORIDA LAW WEEKLY VOLUME 46, NUMBER 9 CASES FROM THE WEEK MARCH 5, 2021 COURT CLARIFIES THE MEANING OF THE PHRASE “FINAL JUDGMENT” IN A WRONGFUL DEATH CASE Hamblen v. Pilot Travel ...
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The Week in Torts - Cases from the Week of February 26, 2021

Mar 18, 2021 • Clark Fountain Staff

So you thought you could wait for a defense verdict, did you? FLORIDA LAW WEEKLY VOLUME 46, NUMBER 8 CASES FROM THE WEEK FEBRUARY 26, 2021 TRIAL COURT ABUSED DISCRETION BY SETTING ASIDE JURY VERDICT ...
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The Week in Torts - Cases from the Week of February 19, 2021

Mar 10, 2021 • Clark Fountain Staff

Stick to the evidence, sir FLORIDA LAW WEEKLY VOLUME 46, NUMBER 7 CASES FROM THE WEEK FEBRUARY 19, 2021 PLAINTIFFS’ COUNSEL’S COMMENTS CASTING OPPOSING COUNSEL AND SOME OF THE WITNESSES AS LIARS, AND ...
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The Week in Torts - Cases from the Week of February 12, 2021

Mar 3, 2021 • Clark Fountain Staff

Are you their agent? FLORIDA LAW WEEKLY VOLUME 46, NUMBER 6 CASES FROM THE WEEK FEBRUARY 12, 2021 ERROR TO GRANT FINAL SUMMARY JUDGMENT FOR HOSPITAL FINDING ALLEGEDLY NEGLIGENT PHYSICIAN NOT AN ...
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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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