Recent Posts in The Week In Torts Category

The Week in Torts - Cases from the Week of December 21, 2018

Jan 7, 2019 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 51 CASES FROM THE WEEK OF DECEMBER 21, 2018 ERROR TO GRANT DIRECTED VERDICT FOR DEFENDANT ANESTHESIOLOGIST, WHERE THERE WAS EVIDENCE TO PERMIT A REASONABLE FACT ...
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The Week in Torts - Cases from the Week of December 14, 2018

Jan 4, 2019 • Julie Littky-Rubin

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 50 CASES FROM THE WEEK OF DECEMBER 14, 2018 PLAINTIFF DID NOT IMPROPERLY STACK INFERENCES TO PROVE NEGLIGENCE. State Farm v. Hanania , 43 Fla. L. Weekly D2723 ...
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The Week in Torts - Cases from the Week of December 7, 2018

Dec 17, 2018 • Julie Littky-Rubin

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 49 CASES FROM THE WEEK OF DECEMBER 7, 2018 THE ABOLITION OF JOINT AND SEVERAL LIABILITY WAS MADE RETROACTIVE BY AMENDMENT IN 2011--PLAINTIFF’S EXPECTATION FOR ...
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The Week in Torts - Cases from the Week of November 30, 2018

Dec 10, 2018 • Julie Littky-Rubin

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 48 CASES FROM THE WEEK OF NOVEMBER 30, 2018 SUMMARY JUDGMENT REVERSED IN FDUTPA CASE AGAINST CAR DEALERSHIP. White v. Ferco Motors Corp. , 43 Fla. L. Weekly D2576 ...
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The Week in Torts - Cases from the Week of November 23, 2018

Dec 6, 2018 • Julie Littky-Rubin

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 47 CASES FROM THE WEEK OF NOVEMBER 23, 2018 ORDER DENYING MOTION TO DISMISS COMPLAINT ON GROUND OF SOVEREIGN IMMUNITY NOT APPEALABLE, WHERE TRIAL COURT DOES NOT ...
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The Week in Torts - Cases from the Week of November 16, 2018

Nov 25, 2018 • Julie Littky-Rubin

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 46 CASES FROM THE WEEK OF NOVEMBER 16, 2018 ALLEGATION THAT TRIAL JUDGE IS FACEBOOK “FRIENDS” WITH AN ATTORNEY APPEARING BEFORE THAT JUDGE--STANDING ALONE--DOES ...
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The Week in Torts - Cases from the Week of November 9, 2018

Nov 23, 2018 • Julie Littky-Rubin

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 45 CASES FROM THE WEEK OF NOVEMBER 9, 2018 TRIAL COURT ABUSED ITS DISCRETION IN DENYING MOTION FOR 57.105 SANCTIONS--THERE IS NO EXCEPTION FOR AN ATTORNEY WHO ...
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The Week in Torts - Cases from the Week of NOVEMBER 2, 2018

Nov 22, 2018 • Julie Littky-Rubin

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 44 CASES FROM THE WEEK OF NOVEMBER 2, 2018 WHEN MINOR LACKS A PARENT, GUARDIAN OR GUARDIAN AD LITEM, OR DURING ANY PERIOD WHERE THOSE PERSONS HAVE AN INTEREST ...
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The Week in Torts - Cases from the Week of October 26, 2018

Nov 20, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 43 CASES FROM THE WEEK OF OCTOBER 26, 2018 CHANGE IN ELECTRONIC SERVICE RULES. In Re: Amendments to Florida Rules of Civil Procedure, Florida Rules of Judicial ...
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The Week in Torts - Cases from the Week of October 19, 2018

Nov 18, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 42 CASES FROM THE WEEK OF OCTOBER 19, 2018 FRYE IS THE LAW OF THE LAND IN FLORIDA. Delisle v. Crane Co. , 43 Fla. L. Weekly S459 (Fla. October 15, 2018): In this ...
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The Week in Torts - Cases from the Week of October 12, 2018

Nov 16, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 41 CASES FROM THE WEEK OF OCTOBER 12, 2018 SUCCESSOR JUDGE ERRED IN AWARDING AN ADDITUR TO THE JURY’S PAIN AND SUFFERING AWARD WHERE CONFLICTING EVIDENCE WAS ...
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The Week in Torts - Cases from the Week of October 5, 2018

Nov 2, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 40 CASES FROM THE WEEK OF OCTOBER 5, 2018 NO AMBIGUITY IN TWO IDENTICAL PROPOSALS FOR SETTLEMENT MADE TO TWO SEPARATE DEFENDANTS. Allen v. Nunez , 43 Fla. L. ...
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The Week in Torts - Cases from the Week of September 21, 2018

Nov 1, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 38 CASES FROM THE WEEK OF SEPTEMBER 21, 2018 THE FOCUS ON A BAD FAITH CASE IS NOT ON THE ACTIONS OF THE INSURED, BUT RATHER ON THE ACTIONS OF THE INSURER IN ...
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The Week in Torts - Cases from the Week of September 28, 2018

Oct 19, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 39 CASES FROM THE WEEK OF SEPTEMBER 28, 2018 LOADERS ARE DANGEROUS INSTRUMENTALITIES. Newton v. Caterpillar Financial Services Corp. , 43 Fla. L. Weekly S415a ...
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Overview of Florida Tort Law

Oct 17, 2018 • Clark Fountain Staff

What Is Tort Law? The term “tort” broadly refers to deliberately committed, wrongful actions (also known as “civil wrongs”) that infringe on the rights of others. In the state of Florida, “tort law” ...
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The Week in Torts - Cases from the Week of September 14, 2018

Oct 15, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 37 CASES FROM THE WEEK OF SEPTEMBER 14, 2018 TRIAL COURT DID NOT DEPART FROM ESSENTIAL REQUIREMENTS OF LAW IN DISQUALIFYING LAW FIRM REPRESENTING PLAINTIFF, WHERE ...
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The Week in Torts - Cases from the Week of September 7, 2018

Oct 9, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 36 CASES FROM THE WEEK OF SEPTEMBER 7, 2018 SUPREME COURT REVERSES DISMISSAL OF A MEDICAL MALPRACTICE CLAIM IN PRESUIT, FINDING EXPERT’S AFFIDAVIT CONTAINED ...
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The Week in Torts - Cases from the Week of August 31, 2018

Oct 1, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 35 CASES FROM THE WEEK OF AUGUST 31, 2018 NO ABUSE OF DISCRETION IN THE AWARD OF A 2.0 CONTINGENCY FEE MULTIPLIER--RISK MULTIPLIERS ARE NO LONGER LIMITED TO RARE ...
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The Week in Torts - Cases from the Week of August 24, 2018

Sep 21, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 34 CASES FROM THE WEEK OF AUGUST 24, 2018 TRIAL COURT DID NOT ABUSE ITS DISCRETION IN REFUSING TO EXCUSE FOR CAUSE A JUROR WHO WORKED AS A PROSECUTOR FOR STATE ...
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The Week in Torts - Cases from the Week of August 10, 2018

Sep 11, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 32 CASES FROM THE WEEK OF AUGUST 10, 2018 SITTING EN BANC , THE THIRD DISTRICT HELD THAT IN ORDER FOR A CONTRACT TO BE RESCINDED ON THE BASIS OF UNILATERAL ...
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The Week in Torts - Cases from the Week of August 3, 2018

Sep 6, 2018 • Clark Fountain Staff

TRIAL COURT ERRED IN AWARDING A LESSER AMOUNT OF COSTS ASSOCIATED WITH FEE CLAIM BECAUSE ATTORNEY WAS AWARDED SIGNIFICANTLY LESS THAN THE AMOUNT HE SOUGHT--A PARTY WHO RECOVERS JUDGMENT IS ENTITLED TO ...
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The Week in Torts - Cases from the Week of July 27, 2018

Aug 31, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 31 CASES FROM THE WEEK OF AUGUST 3, 2018 TRIAL COURT ERRED IN AWARDING A LESSER AMOUNT OF COSTS ASSOCIATED WITH FEE CLAIM BECAUSE ATTORNEY WAS AWARDED ...
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The Week in Torts - Cases from the Week of July 27, 2018

Aug 24, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 30 CASES FROM THE WEEK OF JULY 27, 2018 DISMISSAL OF COMPLAINT TOO SEVERE A SANCTION FOR THE PLAINTIFF’S ATTORNEY’S FAILURE TO COMPLY WITH COURT ORDERS, WHEN THE ...
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The Week in Torts - Cases from the Week of July 20, 2018

Aug 7, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 29 CASES FROM THE WEEK OF JULY 20, 2018 TRIAL COURT APPLIED THE WRONG LEGAL STANDARD IN EVALUATING A MOTION FOR NEW TRIAL (PROPER STANDARD IS WHETHER THE JURY’S ...
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The Week in Torts - Cases from the Week of July 13, 2018

Aug 3, 2018 • Clark Fountain Staff

FLORIDA LAW WEEKLY VOLUME 43, NUMBER 28 CASES FROM THE WEEK OF JULY 13, 2018 HIGHLY PREJUDICIAL AND INFLAMMATORY COMMENTS MADE BY INSURED’S COUNSEL BOTH IN CLOSING, AND DURING QUESTIONING OF THE ...
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