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Julie H. Littky-Rubin, a founding partner at Clark, Fountain, La Vista, Littky-Rubin & Whitman, is a Board Certified Appellate Attorney whose expertise and leadership have profoundly shaped the firm’s appellate department. Her strategic acumen in managing complex civil trial and appellate cases has solidified her reputation as the “Lawyer’s Lawyer.”
Julie’s legal prowess has been recognized widely, earning her accolades such as the 2023 “Lawyer of the Year” in Appellate Practice by Best Lawyers® in America. She is consistently listed in “The Best Lawyers in America” for her exemplary work in Appellate Practice and Personal Injury Litigation-Plaintiffs and holds an AV® Preeminent™ rating from Martindale-Hubbell®, reflecting her commitment to the highest professional and ethical standards.
Beyond her courtroom accomplishments, Julie is deeply involved in legal education and community service. She co-founded and was a pivotal figure in the “We Are Dwyer” foundation for over 10 years, and has consistently published the “Week In Torts” newsletter for 27 consecutive years, making significant contributions to the Florida legal community by providing weekly updates on recent case law for Florida Bar Members all across the country.
Her community involvement earned her recognition as the 2022 Honoree in the Volunteer Category of the Women in Leadership Awards by Executive Women of the Palm Beaches. Julie also actively shares her legal expertise through speaking engagements and publications, fostering the growth of her peers and the next generation of legal professionals.
Julie’s career is adorned with numerous awards for her pro bono work and multiple listings in “Women Leaders in Law,” highlighting her dedication to excellence and justice. Her achievements and ongoing commitment reflect her profound dedication to advancing legal standards and her deep-seated commitment to the community and the legal profession.
Impactful Legal Victories With Written Opinions
- Lovelace v. G4S Secure Solutions, 320 So.3d 178 (Fla. 4th DCA 2021)
- FPL v. Dominguez, 295 So.3d 1202 (Fla. 2d DCA 2019)
- Alvarado-Fernandez v. Mazoff, 151 So. 2d 8 (Fla. 4th DCA 2014)
- Mitsubishi Corp. v. Laliberte, 52 So. 3d 31 (Fla. 4th DCA 2010)
- Greenfield v. Daniels, 51 So. 3d 421, (Fla. 4th DCA 2010)
- DCF v. Amora, 944 So. 2d 431 (Fla. 4th DCA 2006)
- Gross v. Lyons, 763 So. 2d 276 (Fla. 2000)
- Rollins v. Pizzarelli, 761 So. 2d 214 (Fla. 2000)
- Allstate Ins. Co. v. Boecher, 733 So. 2d 993 (Fla. 1999)
Articles
- So I Finally Understand the “Impact Rule”, But Why Does it Still Exist?, Florida Bar Journal, April 2008
- Proposals for Settlement: Minding Your P’s & Q’s Under Rule 1.442, Florida Bar Journal, February 2001
Speaking Engagements
- Everything About Motion Practice: Selecting, Writing, Responding, Arguing with Julie H. Littky-Rubin, Personal Injury Bootcamp, Florida Justice Association, 2023
- Tips on Drafting Proposals for Settlement: Common Mistakes Made by Attorneys When Preparing Proposals for Settlement, How to Deal with Multiple Parties When Drafting Proposals, and Updates on Recent Appellate Decisions, PBC Sidebar Series, 2017
- Balancing Work & Family, Palm Beach County Florida Association for Women Lawyers, 2016
- Practical Tips to Making and Defending Daubert challenges, Palm Beach County Bar Association, 2015
- Navigating Frye & Daubert, Florida Justice Association, 2013
- Collateral Source Seminar – Moderator, Florida Justice Association, 2012
- Evidence Code Legislative and Case Law Update, Florida Justice Association Annual Convention, 2009
- Pre & Post Trial Motions, Florida Justice Association Auto Negligence Seminar, 2008
- Post Trial Motions, Florida Justice Association General Negligence Seminar, 2007
- Preserving Error: Evidentiary Issues & Jury Selection, Florida Justice Association Annual Convention, 2005
- Hot Appellate Issues for the Trial Lawyer, Academy of Florida Trial Lawyers Annual Convention: 2003
- The Basics of Appellate Practice, The Florida Bar Practicing With Professionalism Course, 2002
- Preserving the Record on Appeal, Academy of Florida Trial Lawyer Al J. Cone Trial Advocacy Institute, 2002
- Evidence Code and Civil Procedure Rules Update, Academy of Florida Trial
- Lawyer Legislative and Case Law Update Seminar, 2002
- PIP and Med Pay Setoffs, Academy of Florida Trial Lawyers Collateral Source Seminar, 2002
- Auto Case Law & Statutory Update, Academy of Florida Trial Lawyers Auto Negligence Seminar, 2001
- Proposals for Settlement, The Florida Bar “Staying Out of Trouble Through Legal Drafting” Seminar, 2001
- Appellate Practice, The Florida Bar ―Bridge the Gap Seminar, February 2000
Practice Areas
Education
- J.D., University of Florida, 1993
- A.B., Brown University, magna cum laude, phi beta kappa 1989
Certifications / Specialties
- Board Certified Appellate Practice, Florida Bar Board of Legal Specialization and Education
Awards & Honors
- 2023 Women Leaders in Law by the Florida Trends
- TOP 50: 2020 Women Florida Super Lawyer List
- The Best Lawyers in America ®– Appellate Practice, Personal Injury
- AV® Preeminent™ Peer Review Rated SM by Martindale-Hubbell®
- Florida Trend magazine’s Legal Elite – Top 2 % of Lawyers
- Florida Super Lawyers – Top 5 percent of attorneys in Florida
- Top 50: 2017 Women Florida Super Lawyers
- Florida Bar President’s Pro Bono Service Award for the Fifteenth Judicial Circuit, 2008
- Palm Beach County Legal Aid Society, Pro Bono Award in Appellate Practice, 2011, 2004
- Academy of Florida Trial Lawyers, S. Victor Tipton Award for Superior Achievement in Legal Writing, 2003
Bar Admissions
- Florida
- U.S. District Court, Southern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. Court of Appeals, 11th Circuit
Professional Memberships
- Florida Bar Association
- Palm Beach County Bar Association
- Florida Justice Association
- Palm Beach County Justice Association
- Florida Supreme Court and Standard Jury Instruction (Civil) Committee (2006-2008)
- Florida Association of Women Lawyers
- Past President, Palm Beach County Chapter
Community Involvement
- Co-Founder and Chair of the “We Are Dwyer” Foundation 2014-2023
- Education Foundation of Palm Beach County Board of Directors 2009-2015
- Temple Beth Am-Jupiter-various committees
- Former PTA Co-President -Timber Trace Elementary School
- Palm Beach Post Pathfinder Scholarship program – Volunteer judge
- Dwyer Awards (given for excellence in teaching) – Volunteer judge
Personal
Julie grew up in Palm Beach County, and now lives in Palm Beach Gardens. She has two children, Hannah and Matthew.
I am a sole practitioner attorney, practicing over 20 years in South Florida and state without reservation that I would strongly recommend the Firm of Clark, Fountain, La Vista, Littky-Rubin & Whitman for any personal injury matter. Over the years I have not only referred…
Lewis K. Hanna, Esq.
Experts in their field. Nancy and the team are very caring. I would highly recommend.
Bill B.
I consider the lawyers at Clark, Fountain, La Vista, Littky-Rubin & Whitman to be top notch. They took a very difficult liability rollover case and obtained excellent results for several seriously injured clients. They were a pleasure to co-counsel with. They were knowledgeable, well prepared,…
Daniel R. Maier, Esq.
Our law firm is located in Central Florida, where I have practiced for over 25 years. During this period I have sought advice and counsel from other attorneys. First among these for medical negligence, personal injury, product liability, and general litigation are the lawyers at…
Daniel B. Fowler, Esq.
I wanted to write to tell you how much I appreciated how you handled and settled my case. Your staff was always responsive to the details of my case and responsive to my calls and inquiries for information and discussion of my requests and concerns.
Jeannine S.
I have known the attorneys of Clark, Fountain, La Vista, Littky-Rubin & Whitman, LLP for more than 15 years. I have always known them to act ethically and with professionalism. If I or one of my family members were injured as a result of negligence,…
Earl K. Mallory, Esq.
I recently referred two different cases (product liability and auto accident) to Clark Fountain. The firm did an excellent job and spared no expense to achieve great results and quickly, and my clients were both extremely happy with their outcomes. I know I can trust…
Doug Tuttle, Esq.
Thank you so much for everything. Your competent, consistent, patient and trustworthy management of all the details and twists and turns along the way has brought me great comfort during the most difficult time of my life. In appreciation and thanks…God Bless.
Debbie C.
I am a trial lawyer who gets the rare opportunity to work with law firms all over the country. I see the good and the bad in many different areas. Clark Fountain, however, stands out. They are one of the absolute best around. Not just…
Drew Ashby, Esq
Angelo and I cannot thank you more than enough for everything you have done for us. You are extraordinary people who have the ability to touch people when you speak. I can still see your faces during the closing statement meeting, and feeling the heart…
Angelo & Vivian
This letter is in reference to the outstanding assistance your staff rendered to me. They went above and beyond the call of duty within the past six years with my case. I commend them for a job well done. Thank you all for your tremendous…
B.R.
I contacted Clark Fountain to represent me the day after my car accident. They were very reassuring during our initial consultation and made me feel very at ease with the whole process. I received updates as and when necessary. Clark Fountain took care of me…
Brittany S.
Mr. Fountain, Mr. Whitman and their staff are consummate professionals, exceeding standards every step of the way. Our associations have not simply been dogged determination and fruitful end results, but a learning experience, ever growing from our collaborations. Couldn’t work with better people. The results…
Brett Carter, Esq.
I’m writing to personally thank you and your staff for your excellent representation during the pending of my case over the past few years. I appreciate the time spent, effort you made to make this as rewarding as possible. Your level of confidence and trustworthiness…
Michelle V.
Clark, Fountain et.al represented my mom in a medical negligence case after she was injured from a fall that occurred while she was in the hospital. They worked diligently on the case for about a year and my mother was able to reach a settlement…
Leslie T.
I would like to express my sincere gratitude to Clark Fountain for accepting my case related to an automobile accident. They worked tirelessly with their staff to recover a $1.1M settlement on my behalf. The entire team is extremely professional and I received timely updates…
Doug G.
I want to say thank you to your team for a job well done. You never gave up on my case, and fought to the finish line. I am very pleased with my settlement and I will definitely pass the word that Clark, Fountain, La…
Tiffany S.Related News
Clark Fountain Secures Historic $100M Settlement from Malibu Boats Following Heartbreaking Loss of a 7-Year-Old Child
Florida Plaintiff Personal Injury Firm Clark, Fountain, Littky-Rubin & Whitman, led by partners Donald R. Fountain, Jr., Julie H. Littky-Rubin, and Ben J. Whitman, in collaboration with Atlanta attorneys Drew Ashby and Max Thelen, has successfully secured an unprecedented $100M settlement against Malibu Boats, LLC. This monumental accomplishment follows 7 […]
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$200M Jury Award Reaffirmed After Court Denies All of Malibu’s Post-Trial Motions including its Motion for a New Trial
July 18, 2022 – Clayton, GA – A Rabun County Judge has denied all of Malibu LLC’s motions for a new trial in the fatal boating case involving 7-year-old Ryan Paul Batchelder. “Justice for Ryan Batchelder was served when a Rabun County jury announced its $200 Million verdict back in […]
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Firm Obtains $200 Million Verdict for Family, Whose Son Was Killed Due To A Defectively Designed Boat
View the press release: PR Newswire West Palm Beach, Fla., – Updated on September 14, 2021 – Clark, Fountain, Littky-Rubin & Whitman is pleased to announce that following a three week trial in Rabun County Georgia, partners Donald R. Fountain Jr., Julie H. Littky-Rubin, Ben J. Whitman, and Atlanta Georgia attorneys Drew Ashby, and Max Thelen successfully […]
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The Week In Torts – Cases from November 15, 2024
One for the good guys FLORIDA LAW WEEKLY VOLUME 49, NUMBER 44 NOVEMBER 15, 2024 CLE CREDITS NOW AVAILABLE FOR PRO BONO WORK In Re: Amendments to Rules Regulating The Florida Bar – Rules 6-10.3, 49 Fla. L. Weekly S269 (Fla., Oct. 31, 2024): The Florida Supreme Court has amended […]
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The Week In Torts – Cases from November 8, 2024
That evidence better be competent FLORIDA LAW WEEKLY VOLUME 49, NUMBER 45 NOVEMBER 8, 2024 A DOCUMENT ATTACHED TO A MOTION FOR SUMMARY JUDGMENT OR AFFIDAVIT IS NOT COMPETENT EVIDENCE WHERE THE DOCUMENT IS NOT OTHERWISE AUTHENTICATED Palter v. Sunset Palm Villas Condominium Association, 49 Fla. L. Weekly D2162 (Fla. […]
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The Week In Torts – Cases from October 25 2024
Immune? Not so fast… FLORIDA LAW WEEKLY VOLUME 49, NUMBER 43 OCTOBER 25, 2024 APPELLATE COURT UPHOLDS DENIAL OF THE CITY’S SUMMARY JUDGMENT MOTION, AGREEING THAT GENUINE ISSUES OF MATERIAL FACT EXISTED AS TO SECTION 768.28(9)(D) ADDRESSING HIGH SPEED POLICE CHASES City of Tampa v. Foottit, 49 Fla. L. Weekly […]
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The Week In Torts – Cases from October 18 2024
So that’s what ultimate facts are! FLORIDA LAW WEEKLY VOLUME 49, NUMBER 42 OCTOBER 18, 2024 TRIAL COURT ERRED BY DISMISSING PLAINTIFF’S COMPLAINT WITH PREJUDICE BASED UPON PLAINTIFF’S FAILURE TO PLEAD ULTIMATE FACTS NECESSARY TO ESTABLISH UNDERLYING CAUSE OF ACTION – BECAUSE COMPLAINT CONTAINED SUFFICIENT ALLEGATIONS TO APPRISE THE DEFENDANTS […]
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The Week In Torts – Cases from October 4 2024
A duty even when obvious FLORIDA LAW WEEKLY VOLUME 49, NUMBER 40 OCTOBER 4, 2024 TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT AGAINST TENANT WHO FELL ON “OPEN AND OBVIOUS” LOOSE TILES –LANDLORD WAS ON NOTICE AND HAD A CONTINUING DUTY TO REPAIR AND MAINTAIN FLOORING, EVEN WITH CONDITION THAT […]
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The Week In Torts – Cases from September 20 2024
It’s good to be the King FLORIDA LAW WEEKLY VOLUME 49, NUMBER 38 SEPTEMBER 20, 2024 TRIAL COURT ERRED IN DENYING HOSPITAL DISTRICT’S MOTION TO DISMISS ACTION BASED ON SOVEREIGN IMMUNITY, EVEN WHEN THE PLAINTIFFS’ ALLEGED THE HOSPITAL KNOWINGLY DISCLOSED INDIVIDUALS’ PRIVATE HEALTH INFORMATION ON SOCIAL MEDIA South Broward Hospital […]
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The Week In Torts – Cases from September 13, 2024
Amendment 7 has more hurdles than the track at the Olympics FLORIDA LAW WEEKLY VOLUME 49, NUMBER 37 SEPTEMBER 13, 2024 PEER REVIEW STATUTES PRIVILEGE PROTECT THE DISCLOSURE OF DOCUMENTS CONSIDERED IN CREDENTIALING PROCESS NOT RELATED TO AN ESTABLISHED “ADVERSE MEDICAL INCIDENT” – A PARTY CANNOT USE ARTICLE X, SECTION […]
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The Week In Torts – Cases from September 6, 2024
Did you Move to Continue or to do by Zoom? FLORIDA LAW WEEKLY VOLUME 49, NUMBER 36 SEPTEMBER 6, 2024 TRIAL COURT DID NOT DENY DEFENDANT DUE PROCESS BY DENYING HIS MOTION TO QUASH SERVICE OF PROCESS DURING A HEARING DEFENDANT ADVISED HE WAS UNABLE TO ATTEND — ALTHOUGH DEFENDANT […]
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The Week In Torts – Cases from August 30, 2024
We definitely can question this guy! FLORIDA LAW WEEKLY VOLUME 49, NUMBER 35 AUGUST 30, 2024 WRIT OF CERTIORARI PROPER TO ADDRESS TRIAL COURT’S ORDER OF JUROR INTERVIEW BEFORE DETERMINING WHETHER THE PLAINTIFF WAS ENTITLED TO A NEW TRIAL—TRIAL COURT CORRECTLY ORDERED THE INTERVIEW BASED ON THE RECORD Huether v. […]
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The Week In Torts – Cases from August 16, 2024
So close, yet so far. FLORIDA LAW WEEKLY VOLUME 49, NUMBER 33 AUGUST 16, 2024 TRIAL COURT PROPERLY DISMISSED COMPLAINT AGAINST LANDOWNER – WHILE THE CAUSE OF ACTION MAY HAVE BEEN PRECIPITATED BY AN EVENT ON THE LANDOWNER COUNTY’S PREMISES, THE TORT OCCURRED ON PROPERTY NOT OWNED OR CONTROLLED BY […]
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The Week In Torts – Cases from July 26, 2024
I need to be heard FLORIDA LAW WEEKLY VOLUME 49, NUMBER 30 JULY 26, 2024 TRIAL COURT ERRED IN DENYING MOTION TO VACATE VOID DISMISSAL ORDER WHERE MOTION WAS FILED WITHIN A REASONABLE TIME FOLLOWING DISMISSAL – RULE 1.070(J) DOES NOT PROVIDE FOR AN “AUTOMATIC” DISMISSAL FOR FAILURE TO TIMELY […]
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The Week In Torts – Cases from July 19, 2024
We need more time! FLORIDA LAW WEEKLY VOLUME 49, NUMBER 29 JULY 19, 2024 TRIAL COURT ERRED IN REJECTING MAGISTRATE’S RECOMMENDATION TO GRANT APPELLANT AN EXTENSION OF TIME TO FILE A MOTION FOR TRIAL DE NOVO AFTER A NON-BINDING ARBITRATION -– THE PROCEDURE FOR REQUESTING TRIAL DE NOVO IS SUBJECT […]
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The Week In Torts – Cases from July 12, 2024
What’s good for the goose is NOT good for the gander FLORIDA LAW WEEKLY VOLUME 49, NUMBER 28 JULY 12, 2024 UNDER THE PARTICULAR FACTS, THE DEFENDANT IN A MEDICAL MALPRACTICE CASE DID NOT NEED EXPERT TESTIMONY TO SUPPORT HIS FABRE DEFENSE—TRIAL COURT ABUSED DISCRETION IN EXCLUDING WITNESS’S TESTIMONY AS […]
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The Week In Torts – Cases from July 5, 2024
Being on the phone is not THAT bad FLORIDA LAW WEEKLY VOLUME 49, NUMBER 27 JULY 5, 2024 ERROR TO GRANT PLAINTIFF’S LEAVE TO AMEND HAD CLAIM FOR PUNITIVE DAMAGES BASED ON DEFENDANT’S HANDLING OF CELL PHONE JUST PRIOR TO CRASH – DESPITE DEFENDANT’S VIOLATION OF FEDERAL REGULATIONS IN USING […]
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The Week In Torts – Cases from June 26, 2024
The era of constructive notice FLORIDA LAW WEEKLY VOLUME 49, NUMBER 26 JUNE 28, 2024 RECORD SUFFICIENT TO ESTABLISH THE EXISTENCE OF GENUINE ISSUE OF MATERIAL FACT ON CONSTRUCTIVE NOTICE OF LIQUID ON FLOOR — EXISTENCE OF FOOTPRINTS AND SMUDGE MARKS AND OTHER EVIDENCE CREATED FACTUAL DISPUTE ON CONSTRUCTIVE NOTICE […]
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The Week In Torts – Cases from June 21, 2024
31 flavors of experts FLORIDA LAW WEEKLY VOLUME 49, NUMBER 25 JUNE 21, 2024 NO DEPARTURE FROM THE ESSENTIAL REQUIREMENTS OF LAW WHEN TRIAL COURT COMPELLED PRODUCTION OF INFORMATION RELATED TO FINANCIAL RELATIONSHIP BETWEEN PLAINTIFF’S ATTORNEY AND TREATING PHYSICIAN UNDER THESE FACTS Tillman v. Sweat, 49 Fla. L. Weekly D1287 […]
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Shana P. Nogues and Julie H. Littky-Rubin Named to the “Top 10 Personal Injury Verdicts in Florida in 2023”
June 4, 2024 – Palm Beach Gardens, FL – Clark, Fountain, La Vista, Littky-Rubin & Whitman proudly announces that attorneys Shana P. Nogues and Julie H. Littky-Rubin have been recognized in the “Top 10 Personal Injury Verdicts in Florida in 2023.” This distinction is awarded for their exceptional representation in […]
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The Week In Torts – Cases from June 14, 2024
An EMERGENCY? Really? FLORIDA LAW WEEKLY VOLUME 49, NUMBER 24 JUNE 14, 2024 COURT ADMONISHES THAT EMERGENCIES MUST BE EMERGENCIES OR LITIGANTS WILL PAY THE CONSEQUENCES. DDD Construction v. Wese Manor Development, 49 Fla. L. Weekly D1215 (Fla. 1st DCA Dec. 6, 2023): In this case, the appellate court emphasized […]
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The Week In Torts – Cases from June 7, 2024
There’s still a chance judge! FLORIDA LAW WEEKLY VOLUME 49, NUMBER 23 JUNE 7, 2024 BEFORE THE JURY IS SWORN, THE TRIAL COURT MAY NOT INFRINGE UPON A PARTY’S RIGHT TO CHALLENGE ANY JUROR. Frederick v. State, 49 Fla. L. Weekly D1122 (Fla. 4th DCA May 29, 2024): During jury […]
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Clark Fountain Files Wrongful Death Lawsuit For Man Killed In Youngstown Gas Explosion
Youngstown, OH — Clark Fountain attorneys Ben J. Whitman, Don Fountain, and Julie H. Littky-Rubin and their co-counsels have filed a wrongful death lawsuit on behalf of the family of Akil Drake who was killed following a devastating natural gas explosion and building collapse at the Realty Tower in downtown […]
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Clark Fountain Obtains Significant Confidential Settlement for Young Man’s Family Following Tragic Vehicle Fire
The unflappable legal team at Clark, Fountain, Littky-Rubin & Whitman, led by Don Fountain, Julie Littky-Rubin, and Daniel Walker, has successfully secured a substantial confidential settlement for the family of a young man tragically killed in a vehicle fire. The case arose from a deadly motor vehicle incident, when the […]
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The Week In Torts – Cases from May 31, 2024
He put the ‘puni’ in punitive damages FLORIDA LAW WEEKLY VOLUME 49, NUMBER 22 MAY 31, 2024 IN AN EGREGIOUS CASE OF MEDICAL MALPRACTICE, THE COURT THANKFULLY AFFIRMS THE AMENDMENT FOR PUNITIVE DAMAGES IN PART (THOUGH REVERSING WHERE THERE WAS NO LIABILITY FOR THE UNDERLYING CLAIM) Orlando Health v. Mohan, […]
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The Week In Torts – Cases from May 24, 2024
New Rules! FLORIDA LAW WEEKLY VOLUME 49, NUMBER 21 May 24, 2024 FLORIDA SUPREME COURT AMENDS FRAMEWORK FOR CASE MANAGEMENT OF CIVIL CASES In re: Amendments to Florida Rules of Civil Procedure, 49 Fla. L. Weekly S137 (Fla. May 23, 2024): To codify some of the active case management rules […]
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The Week In Torts – Cases from May 17, 2024
An uncompensable tragedy FLORIDA LAW WEEKLY VOLUME 49, NUMBER 20 MAY 17, 2024 NO ERROR IN GRANTING SUMMARY JUDGMENT FOR DEFENDANTS BASED ON COURT’S DETERMINATION THAT DEFENDANTS OWED NO DUTY TO CREATE A BARRIER BETWEEN ITS PROPERTY AND THE RIVER – PURSUANT TO THE “BODY-OF-WATER” RULE, ABSENT AN UNUSUALLY DANGEROUS […]
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The Week In Torts – Cases from May 10, 2024
The newly married widow has a claim after all FLORIDA LAW WEEKLY VOLUME 49, NUMBER 19 MAY 10, 2024 SPOUSE WHO MARRIES DECEDENT AFTER INJURY BUT BEFORE DEATH NOW HAS A CLAIM FOR WRONGFUL DEATH Ripple v. CBS Corp., 49 Fla. L. Weekly S123 (Fla. May 9, 2024): Before his […]
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The Week In Torts – Cases from April 12, 2024
Let’s go back on the record. FLORIDA LAW WEEKLY VOLUME 49, NUMBER 15 APRIL 12, 2024 ALLEGATION THAT THE TRIAL COURT REFUSED TO ALLOW THE PRESENCE OF A COURT REPORTER, INSISTING THAT THE COURT CONDUCT THE HEARING OFF THE RECORD, WAS LEGALLY SUFFICIENT TO REQUIRE DISQUALIFICATION Pimienta v. Rosenfeld, 49 […]
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The Week In Torts – Cases from April 5, 2024
Score one for the punies! FLORIDA LAW WEEKLY VOLUME 49, NUMBER 14 APRIL 5, 2024 TRIAL COURT PROPERTLY ALLOWED PLAINTIFF TO AMEND HIS COMPLAINT TO STATE A CLAIM FOR PUNITIVE DAMAGES ON THE BASIS THAT THE DRIVER WAS INTOXICATED — THE RECORD CONFIRMED THAT THE TRIAL COURT CONSIDERED AND WEIGHED […]
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The Week In Torts – Cases from March 29, 2024
Why res ipsa exists FLORIDA LAW WEEKLY VOLUME 49, NUMBER 13 MARCH 29, 2024 PLAINTIFF ENTITLED TO INSTRUCTION ON RES IPSA LOQUITUR IN MEDICAL MALPRACTICE CASE Barber v. Manatee Memorial Hospital, 49 Fla. L. Weekly D651 (Fla. 2nd DCA Mar. 22, 2024): The plaintiff sustained a bilateral hip fracture while […]
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The Week In Torts – Cases from March 8, 2024
Guess its OK to serve an underage drinker these days FLORIDA LAW WEEKLY VOLUME 49, NUMBER 10 CASES FROM THE WEEK OF MARCH 8, 2024 THE SUPREME COURT POTENTIALLY UPENDS THE EXCEPTIONS TO THE DRAM SHOP ACT — RULES THAT THE COMPARATIVE FAULT OF THE UNDERAGE DRINKER MAY BE CONSIDERED […]
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The Week In Torts – Cases from February 16, 2024
We need to reconcile… FLORIDA LAW WEEKLY VOLUME 49, NUMBER 7 CASES FROM THE WEEK OF FEBRUARY 16, 2024 DEFENDANT WHO TIMELY OBJECTED TO PERSONAL JURISDICTION DID NOT WAIVE THAT OBJECTION AS HE PARTICIPATED IN THE LAWSUIT, BUT DID NOT SEEK AFFIRMATIVE RELIEF Biose v. Orasan, 49 Fla. L. Weekly […]
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The Week In Torts – Cases from January 12, 2024
Lots of hoops before you can depose the boss FLORIDA LAW WEEKLY VOLUME 49, NUMBER 2 CASES FROM THE WEEK OF JANUARY 12, 2024 ERROR TO COMPEL DEPOSITION OF DEFENDANT AUTOMOBILE MANUFACTURER CEO REGARDING A PHONE CONVERSATION – – ONCE DEFENDANT ESTABLISHED THAT CEO WAS A HIGH-LEVEL OFFICER AND PRODUCED […]
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The Week In Torts – Cases from January 5, 2024
You should show this to a lawyer FLORIDA LAW WEEKLY VOLUME 49, NUMBER 1 CASES FROM THE WEEK OF JANUARY 5, 2024 TRIAL COURT ERRED IN COMPELLING ARBITRATION IN A LEGAL MALPRACTICE CASE, BASED ON A PROVISION IN THE PARTIES’ FEE AGREEMENT PROVIDING FOR MANDATORY ARBITRATION OF FEE DISPUTES Labelle […]
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The Week In Torts – Cases from December 15, 2023
One more thing to appeal early. FLORIDA LAW WEEKLY VOLUME 48, NUMBER 50 CASES FROM THE WEEK OF DECEMBER 15, 2023 SUPREME COURT AMENDS RULE 9.130 TO INCLUDE ORDERS DENYING MOTIONS TO DISMISS BASED ON THE QUALIFICATIONS OF CORROBORATING EXPERTS, AS APPEALABLE NON-FINAL ORDERS IN RE: Amendment to Fla. Rule […]
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The Week In Torts – Cases from December 1, 2023
Punitive damages continue to bite the dust FLORIDA LAW WEEKLY VOLUME 48, NUMBER 48 CASES FROM THE WEEK OF December 1, 2023 ANOTHER CASE CONCLUDING THAT THE EGREGIOUS CONDUCT INVOLVED DID NOT RISE TO THE LEVEL TO STATE A CLAIM FOR PUNITIVE DAMAGES Hospitalist Specialists v. Deen, 48 Fla. L. […]
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The Week In Torts – Cases from November 24, 2023
We’re going to need more than that. FLORIDA LAW WEEKLY VOLUME 48, NUMBER 47 CASES FROM THE WEEK OF NOVEMBER 24, 2023 TRIAL COURT PROPERLY DISREGARDED ALLEGED ORAL STATEMENT OF AN ANONYMOUS SERVER AT A RESTAURANT IN A SLIP AND FALL CASE, PROPERLY ENTERING SUMMARY JUDGMENT IN THE FACE OF […]
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The Week In Torts – Cases from November 3, 2023
But does it 𝙨𝙖𝙮 that? FLORIDA LAW WEEKLY VOLUME 48, NUMBER 44 CASES FROM THE WEEK OF NOVEMBER 3, 2023 A SETTLEMENT OF A BAD FAITH CASE DOES NOT MEET THE STATUTORY DEFINITION OF “COLLATERAL SOURCE” UNDER SECTION 768.76(2)(a)2 Ellison v. Willoughby, 48 Fla. L. Weekly S213 (Fla. Nov. 2, […]
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The Week In Torts – Cases from October 27, 2023
Check again…. FLORIDA LAW WEEKLY VOLUME 48, NUMBER 43 CASES FROM THE WEEK OF October 27, 2023 ERROR TO DENY DEFENDANTS’ MOTION TO DISMISS FOR FAILURE TO PROPERLY SERVE PRE-SUIT NOTICE, WITHOUT FIRST CONDUCTING AN EVIDENTARY HEARING Cleveland Clinic v. Daniels, 48 Fla. L. Weekly D2031 (Fla. 4th DCA Oct. […]
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The Week In Torts – Cases from October 20, 2023
Wait, can I have more time? FLORIDA LAW WEEKLY VOLUME 48, NUMBER 42 CASES FROM THE WEEK OF October 20, 2023 TRIAL COURT PROPERLY ENTERED FINAL JUDGMENT IN ACCORDANCE WITH ARBITRATION DECISION—PARTY MISSED THE 20 DAY DEADLINE TO FILE MOTION FOR TRIAL DE NOVO Smith v. Bright, 48 Fla. L. […]
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The Week In Torts – Cases from October 13, 2023
Arbitration strikes again FLORIDA LAW WEEKLY VOLUME 48, NUMBER 41 CASES FROM THE WEEK OF October 13, 2023 COURT AFFIRMS TRIAL COURT’S DECISION TO ENFORCE ARBITRATION AGREEMENT IN CASE WHERE PATIENT HAD COSMETIC SURGERY AND DISCOVERED IMAGES OF HER NAKED BODY ON THE MEDICAL GROUP’S INSTAGRAM PAGE AFTER SURGERY M.P. […]
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The Week In Torts – Cases from October 6, 2023
You do everything right, but…. FLORIDA LAW WEEKLY VOLUME 48, NUMBER 40 CASES FROM THE WEEK OF October 6, 2023 EVEN THOUGH THE TRIAL COURT CLEARLY ERRED IN FAILING TO EXCUSE A JUROR FOR CAUSE, THE PARTY FAILED TO PRESERVE THE ISSUE FOR REVIEW BECAUSE HE DID NOT RAISE AN […]
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The Week In Torts – Cases from September 29, 2023
Just move it don’t lose it FLORIDA LAW WEEKLY VOLUME 48, NUMBER 39 CASES FROM THE WEEK OF SEPTEMBER 29, 2023 WHEN THE STATUTE OF LIMITATIONS HAS RUN, THE TRIAL COURT SHOULD TRANSFER THE CASE, INSTEAD OF DISMISSING IT FOR IMPROPER VENUE Salazar v. Premier Air Center, LLC., 48 Fla. […]
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The Week In Torts – Cases from September 22, 2023
A law with strings attached FLORIDA LAW WEEKLY VOLUME 48, NUMBER 38 CASES FROM THE WEEK OF SEPTEMBER 22, 2023 TRIAL COURT ERRED IN FINDING ATTORNEY’S FEES NOT AWARDABLE UNDER SECTION 768.79, WHERE PLAINTIFF FILED A NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE, BUT DID SO AFTER SUMMARY JUDGMENT WAS GRANTED […]
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The Week In Torts – Cases from September 15, 2023
It better be important FLORIDA LAW WEEKLY VOLUME 48, NUMBER 37 CASES FROM THE WEEK OF SEPTEMBER 15, 2023 COURT DID NOT ERR IN REFUSING TO CONTINUE SUMMARY JUDGMENT HEARING FOR PLAINTIFF TO TAKE OUTSTANDING DEPOSITIONS—THE DEPOSITIONS WERE NOT MATERIAL TO THE DISPOSITION OF THE CASE. Freire v. Citizens Property […]
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The Week In Torts – Cases from September 8, 2023
No immunity for you. FLORIDA LAW WEEKLY VOLUME 48, NUMBER 36 CASES FROM THE WEEK OF SEPTEMBER 8, 2023 ERROR TO ENTER SUMMARY JUDGMENT BASED ON WORKERS’ COMPENSATION IMMUNITY—DEFENDANT NOT A “STATUTORY EMPLOYER” BECAUSE ITS OBLIGATION UNDER ITS LEASE WITH PROPERTY OWNER DID NOT “OBLIGATE” THE DEFENDANT TO PERFORM A […]
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The Week In Torts – Cases from July 21, 2023
TMI…TMI FLORIDA LAW WEEKLY VOLUME 48, NUMBER 29 CASES FROM THE WEEK OF JULY 21, 2023 TRIAL COURT ERRED IN COMMENTING ON THE VALIDITY AND TRUTHFULNESS OF ALLEGATIONS WHEN DENYING A MOTION TO DISQUALIFY – – QUESTION CERTIFIED REGARDING THE EXTENT A JUDGE MAY ISSUE A WRITTEN DENIAL AND STILL […]
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The Week In Torts – Cases from June 30, 2023
How sad for you, you didn’t know… FLORIDA LAW WEEKLY VOLUME 48, NUMBER 26 CASES FROM THE WEEK OF JUNE 30, 2023 FLORIDA SUPREME COURT PURPORTING TO USE THE “PLAIN LANGUAGE” OF THE STATUTE, READS THE LAW TO BAR PLAINTIFF’S CLAIM ALTOGETHER. Tsuji v. Fleet, 48 Fla. Law Weekly S130 […]
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The Week In Torts – Cases from June 23, 2023
A proffer is more than an allegation FLORIDA LAW WEEKLY VOLUME 48, NUMBER 25 CASES FROM THE WEEK OF JUNE 23, 2023 COURT REVERSES AMENDMENT FOR PUNITIVE DAMAGES-PLAINTIFF’S PROFFER WAS INSUFFICIENT Desanto v. Grahn, 48 Fla. Law Weekly D1198 (Fla. 4th DCA Jun. 14, 2023): Former clients of a disbarred […]
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The Week In Torts – Cases from June 2, 2023
The transcript tells all. FLORIDA LAW WEEKLY VOLUME 48, NUMBER 22 CASES FROM THE WEEK OF JUNE 2, 2023 COURT REVERSES TRIAL JUDGE’S ORDER GRANTING NEW TRIAL—HOLDS THAT RECORD DID NOT SUPPORT THE NEED FOR SUCH RELIEF. Smith v. Lyles, 48 FLW D1079 (Fla. 6th DCA May 26, 2023): In […]
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The Week In Torts – Cases from May 19, 2023
Not so fast…. FLORIDA LAW WEEKLY VOLUME 48, NUMBER 20 CASES FROM THE WEEK OF MAY 19, 2023 TRIAL COURT IMPROPERLY DIRECTED A VERDICT ON CAUSATION IN THE FACE OF CONFLICTING EVIDENCE. Lancheros v. Burke, 48 Fla. Law Weekly D992 (Fla. 6th DCA May 12, 2023): This automobile accident case […]
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The Week In Torts – Cases from May 12, 2023
THAT’s a “single” issue… FLORIDA LAW WEEKLY VOLUME 48, NUMBER 19 CASES FROM THE WEEK OF MAY 12, 2023 THE TWO ISSUE RULE DOES NOT APPLY TO PUNITIVE DAMAGES. Phillip Morris v. Duignan, 48 Fla. Law Weekly D932 (Fla. 2nd DCA May 5, 2023): In this tobacco case on remand […]
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The Week In Torts – Cases from May 5, 2023
The “recourse-less” Covid toll FLORIDA LAW WEEKLY VOLUME 48, NUMBER 18 CASES FROM THE WEEK OF MAY 5, 2023 TRIAL COURT PROPERLY DISMISSED WITH PREJUDICE A CLASS ACTION SUIT BROUGHT BY UNIVERSITY STUDENTS ALLEGING BREACH OF CONTRACT BY FAILING TO PROVIDE IN PERSON SERVICES DURING THE COVID-19 PANDEMIC WHILE CONTINUING […]
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The Week In Torts – Cases from April 28, 2023
Love that pic of you and the judge! FLORIDA LAW WEEKLY VOLUME 48, NUMBER 17 CASES FROM THE WEEK OF APRIL 28, 2023 JUDICIAL FUNDRAISERS AND NOMINAL CAMPAIGN CONTRIBUTIONS ARE USUALLY NOT ENOUGH TO DISQUALIFY A JUDGE. Sorhegui v. Park East Homeowners Ass’n, 48 Fla. Law Weekly D795 (Fla. 3rd […]
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The Week In Torts – Cases from April 21, 2023
High speed liability FLORIDA LAW WEEKLY VOLUME 48, NUMBER 16 CASES FROM THE WEEK OF APRIL 21, 2023 TRIAL COURT PROPERLY DENIED CITY’S MOTION FOR SUMMARY JUDGMENT AFTER VICTIM WAS INJURED AS A RESULT OF A HIGH-SPEED CHASE. City of New Port Richey v. Lamko, 48 FLW DS21 (Fla. Apr. […]
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The Week In Torts – Cases from April 14, 2023
A proposed order is just that.. not gospel FLORIDA LAW WEEKLY VOLUME 48, NUMBER 15 CASES FROM THE WEEK OF APRIL 14, 2023 COURT REVERSED FINAL SUMMARY JUDGMENT ENTERED IN FAVOR OF DEFENDANT LAW FIRM IN A LEGAL MALPRACTICE CASE – – THE TRIAL COURT’S ADOPTION OF THE DEFENDANT’S 40 […]
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Clark Fountain Obtains Over $30.5M Jury Verdict Against Chinese Manufacturer for Victim of Oven Explosion
Miami, FLA, April 25, 2023 – Clark Fountain’s attorneys, Shana P. Nogues and Julie H. Littky-Rubin, convinced a Miami-Dade County jury to award over $30,000,000.00 in its verdict against Sinton Technology Limited, a Chinese manufacturer of electric heating products, in a case arising out of the explosion of a defective […]
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The Week In Torts – Cases from March 31, 2023
Play it again, Sam FLORIDA LAW WEEKLY VOLUME 48, NUMBER 13 CASES FROM THE WEEK OF MARCH 31, 2023 NEW RULE ADDRESSING WHEN THE JURY REQUESTS A REVIEW OF TRIAL TESTIMONY. In re Amendments to Fla. R. Civ. Pro. 1.453, 48 Fla. L. Weekly S51 (Fla. Mar. 30, 2023): New […]
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The Week In Torts – Cases from March 24, 2023
Zoom, zoom, ZOOM! FLORIDA LAW WEEKLY VOLUME 48, NUMBER 12 CASES FROM THE WEEK OF MARCH 24, 2023 NO ERROR IN TRIAL COURT’S DECISION TO DENY DEFENDANT’S MOTION FOR LACK OF JURISDICTION – – THE RECORD SUPPORTED A REASONABLE INFERENCE THAT THE DEFENDANT “PURPOSELY AVAILALED” ITSELF OF THE MARKETS OF […]
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The Week In Torts – Cases from March 10, 2023
Did you admit it as a business record? FLORIDA LAW WEEKLY VOLUME 48, NUMBER 10 CASES FROM THE WEEK OF MARCH 10, 2023 FAILURE TO INTRODUCE FIELD ADJUSTER’S REPORT AS A BUSINESS RECORD PRECLUDED INSURANCE COMPANY REPRESENTATIVE FROM TESTIFYING ABOUT THE FIELD ADJUSTER’S CONCLUSIONS (FROM ANYTHING BUT HER PERSONAL KNOWLEDGE) […]
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The Week In Torts – Cases from February 17, 2023
Were they a team? FLORIDA LAW WEEKLY VOLUME 48, NUMBER 7 CASES FROM THE WEEK OF FEBRUARY 17, 2023 THE TRIAL COURT CORRECTLY GRANTED SUMMARY JUDGMENT FOR OWNER ON DIRECT NEGLIGENCE CLAIM DUE TO LACK OF CAUSATION – TRIAL COURT ERRED, HOWEVER, GRANTING SUMMARY JUDGMENT BASED ON VICARIOUS LIABILITY IN […]
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The Week In Torts – Cases from February 10, 2023
Will enough ever be enough?! FLORIDA LAW WEEKLY VOLUME 48, NUMBER 6 CASES FROM THE WEEK OF FEBRUARY 10, 2023 THE TRIAL COURT ABUSED ITS DISCRETION IN SANCTIONING THE DEFENDANT BY STRIKING HIS PLEADINGS, WHERE THERE WAS NO EVIDENCE THAT THE DEFENDANT HIMSELF HAD PARTICIPATED IN THE DEFENSE ATTORNEY’S BAD […]
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The Week In Torts – Cases from February 3, 2023
Sorry, you just want too much! FLORIDA LAW WEEKLY VOLUME 48, NUMBER 5 CASES FROM THE WEEK OF FEBRUARY 3, 2023 A COURT MAY ISSUE A WRIT OF CERTIORARI WHEN ATRIAL COURT GIVES A LITIGANT “CARTE BLANCE” TO IRRELEVANT DISCOVERY Publix v. Blanco, 48 Fla. L. Weekly D192 (Fla. 3rd […]
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The Week In Torts – Cases from January 27, 2023
I know you think its bad, but ask the Judge! FLORIDA LAW WEEKLY VOLUME 48, NUMBER 4 CASES FROM THE WEEK OF JANUARY 27, 2023 THE COURT DETERMINES “OUTRAGEOUS CONDUCT” FOR AN INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CASE MAY BE DECIDED AS A MATTER OF LAW Bradley v. Trespalacios, 48 […]
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The Week In Torts – Cases from January 13, 2023
Arbitration is taking over FLORIDA LAW WEEKLY VOLUME 48, NUMBER 2 CASES FROM THE WEEK OF JANUARY 13, 2023 TRIAL COURT ERRED IN DENYING DEFENDANT’S MOTION TO COMPEL ARBITRATION, IN A CASE WHERE A CHILD AT A PRIVATE SCHOOL COMMITTED SUICIDE UPON BEING ASKED TO LEAVE THE SCHOOL FOR SELLING […]
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The Week In Torts – Cases from December 23, 2023
Whoa, that is too much! FLORIDA LAW WEEKLY VOLUME 48, NUMBER 1 CASES FROM THE WEEK OF DECEMBER 23, 2022 PUNITIVE DAMAGES AWARDED IN A WRONGFUL DEATH CASE MUST BEAR A REASONABLE RELATIONSHIP TO THE AMOUNT OF DAMAGES PROVED, AND THE INJURIES SUFFERED BY THE STATUTORY BENEFICIARIES Coates v. R. […]
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Judge Denies Defendant’s Motion Seeking Final Summary Judgment After Defective Oven Explodes Leaving Worker Permanently Injured
Miami-Dade County, Fla., – January 6, 2023 – Following a devastating explosion of a commercial oven that left a 40-year-old worker permanently injured and fighting for his life, a Miami-Dade Judge Denied the Defendant’s Motion for Final Summary Judgment, where the Defendant asserted that the victim had elected his remedy […]
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The Week In Torts – Cases from December 16, 2022
Not again! FLORIDA LAW WEEKLY VOLUME 47, NUMBER 50 CASE FROM THE WEEK DECEMBER 16, 2022 SUCCESSIVE RULE 1.540(b)(4) MOTIONS ARE NOT ALLOWED BY THE TRIAL COURT, IF THE SUCCESSIVE MOTION ATTEMPTS TO RELITIGATE AN ISSUE ALREADY ADJUDICATED BY A PRIOR POST-JUDGMENT ORDER Wilmington Trust C. v. Normandy Shores Apartment […]
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The Week In Torts – Cases from December 9, 2022
We need an Answer. FLORIDA LAW WEEKLY VOLUME 47, NUMBER 49 CASES FROM THE WEEK DECEMBER 9, 2022 A MOTION TO DISMISS IS NOT A RESPONSIVE PLEADING McClash v. Urschel, 47 Fla. L. Weekly D2478 (Fla. 2nd DCA Nov. 30, 2022): In a case where there was a dispute over […]
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The Week In Torts – Cases from November 25, 2022
Not quite off the hook… FLORIDA LAW WEEKLY VOLUME 47, NUMBER 47 CASES FROM THE WEEK NOVEMBER 25, 2022 COURT REVERSES SUMMARY JUDGMENT FOR ATTORNEYS WHO WERE NOT ACTUALLY ATTORNEYS OF RECORD WHEN THE MALPRACTICE WAS COMMITTED, BUT WHO COULD HAVE REMEDIED THE PROBLEM ONCE THEY TOOK OVER Baum v. […]
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The Week In Torts – Cases from November 20, 2022
Did you tell the cops? FLORIDA LAW WEEKLY VOLUME 47, NUMBER 46 CASES FROM THE WEEK NOVEMBER 20, 2022 “ROOT CAUSE ANALYSIS” FOUND IN EMPLOYER’S INCIDENT REPORT NOT PROTECTED BY ACCIDENT REPORT PRIVILEGE – DEFENDANT WAIVED PRIOR WORK PRODUCT PRIVILEGE BY PRODUCING REPORT Rawe v. Coleman, 47 Fla. L. Weekly […]
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The Week In Torts – Cases from November 4, 2022
Waiting is never good FLORIDA LAW WEEKLY VOLUME 47, NUMBER 44 CASES FROM THE WEEK NOVEMBER 4, 2022 THE TRIAL COURT LACKS JURISDICTION TO VACATE A FINAL ORDER OF DISMISSAL AFTER THE TIME FOR REHEARING EXPIRES Allstate Fire & Cas. Ins. Co. v. Hoffman, 47 Fla. L. Weekly D2160 (Fla. […]
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New Opinion: Illegality of Exculpatory Clauses in Strict Liability Actions
Palm Beach Gardens, Florida – November 11, 2022 – Partner Julie H. Littky-Rubin obtained a tremendous new opinion from the 4th District Court of Appeal in Harrell v. BMS Partners, d/b/a Broward Motorsports. In 2018, Plaintiff purchased a Suzuki brand motorcycle from the retailer Defendant. The signed sales contract contained […]
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The Week In Torts – Cases from October 21, 2022
Can we really separate acceptance and performance? FLORIDA LAW WEEKLY VOLUME 47, NUMBER 42 CASES FROM THE WEEK OCTOBER 21, 2022 FLORIDA SUPREME COURT RULES THAT “ACCEPTANCE” AND “PERFORMANCE” ARE TWO SEPARATE THINGS WHEN COURTS EVALUATE WHETHER A PARTY “ACCEPTED” A PROPOSAL FOR SETTLEMENT Suarez Trucking v. Souders, 47 Fla. […]
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The Week In Torts – Cases from October 14, 2022
The pendulum on PFSes is not swinging back FLORIDA LAW WEEKLY VOLUME 47, NUMBER 41 CASES FROM THE WEEK OCTOBER 14, 2022 DESPITE SOME SUGGESTIONS OF AMBIGUITY, COURT FINDS PROPOSAL FOR SETTLEMENT TO BE “UNAMBIGUOUS” Burns v. Turnage, 47 Fla. L. Weekly D2024 (Fla. 1st DCA Oct. 6, 2022): The […]
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The Week In Torts – Cases from September 22, 2022
Don’t forget to Reply! FLORIDA LAW WEEKLY VOLUME 47, NUMBER 38 CASES FROM THE WEEK SEPTEMBER 22, 2022 PLAINTIFF FAILED TO PRESERVE ARGUMENT THAT PROPOSAL FOR SETTLEMENT DID NOT COMPLY WITH REQUIREMENTS OF RULE 1.442 Thompson v. GEICO, 47 Fla. L. Weekly D1899 (Fla. 4th DCA Sep. 14, 2022): The […]
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The Week In Torts – Cases from September 16, 2022
It’s a secret, I swear! FLORIDA LAW WEEKLY VOLUME 47, NUMBER 37 CASES FROM THE WEEK SEPTEMBER 16, 2022 TRIAL COURTS MUST ENGAGE IN THREE-STEP PROCESS BEFORE ORDERING DOCUMENTS WHERE THE PARTY ASSERTS TRADE SECRET PRIVILEGE GCTC Holdings, LLC v. T Tag QSR, LLC, 47 Fla. L. Weekly D1873 (Fla. […]
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The Week In Torts – Cases from September 2, 2022
Back to 1st Year Civil Procedures Class FLORIDA LAW WEEKLY VOLUME 47, NUMBER 35 CASES FROM THE WEEK SEPTEMBER 2, 2022 AMENDMENT TO RULE ALLOWING NON-FINAL APPEALS IN PUNITIVE DAMAGES CASES APPLIED TO AN APPEAL FILED THREE DAYS AFTER THE AMENDMENT TOOK EFFECT Vital Pharmaceuticals v. Kesten, 47 Fla. Law […]
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The Week In Torts – Cases from August 26, 2022
If you want more or less, you need to explain exactly why FLORIDA LAW WEEKLY VOLUME 47, NUMBER 34 CASES FROM THE WEEK AUGUST 26, 2022 MORE BIG RULE CHANGES-MOTIONS FOR NEW TRIAL AND REMITTITUR / ADDITUR In Re: Amendments to Florida Rules of Civil Procedure 1.530 and 1.535, 47 […]
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The Week In Torts – Cases from August 19, 2022
Agent or independent contractor – ask the jury FLORIDA LAW WEEKLY VOLUME 47, NUMBER 33 CASES FROM THE WEEK AUGUST 19, 2022 FACTUAL QUESTIONS OF AGENCY AND APPARENT AGENCY PRECLUDED SUMMARY JUDGMENT FOR THE ALLEGED NEGLIGENCE OF AN EMERGENCY ROOM PHYSICIAN – HOWEVER NO ERROR IN ENTERING SUMMARY JUDGMENT ON […]
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The Week In Torts – Cases from August 5, 2022
Hallelujah! Punitive damages are still a thing… FLORIDA LAW WEEKLY VOLUME 47, NUMBER 31 CASES FROM THE WEEK AUGUST 5, 2022 TRIAL COURT PROPERLY ALLOWED AMENDMENT FOR PUNITIVE DAMAGES Bulk Express Transport, Inc. v. Diaz, 47 Fla. L. Weekly D1584 (Fla. 3rd DCA Jul. 27, 2022): When an appellate court […]
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The Week In Torts – Cases from July 29, 2022
Finally, something that’s not arbitrable! FLORIDA LAW WEEKLY VOLUME 47, NUMBER 30 CASES FROM THE WEEK JULY 29, 2022 TRIAL COURT PROPERLY FOUND THAT PLAINTIFF’S CLAIMS FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND VIOLATIONS OF THE FLORIDA CIVIL RIGHTS ACT WERE NOT ARBITRABLE PURSUANT TO THE AGREEMENT BETWEEN THE PARTIES […]
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The Week In Torts – Cases from July 22, 2022
Let’s wait before we say anything… FLORIDA LAW WEEKLY VOLUME 47, NUMBER 29 CASES FROM THE WEEK JULY 22, 2022 COMMENTS THE TRIAL JUDGE MADE BEFORE THE PARTIES INTRODUCED ANY EVIDENCE SUFFICIENT FOR DISQUALIFICATION A.L.P. v. State, 47 Fla. L. Weekly D1531 (Fla. 5th DCA Jul. 15, 2022): A party […]
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The Week In Torts – Cases from July 15, 2022
Zoom Zoom Zoom FLORIDA LAW WEEKLY VOLUME 47, NUMBER 28 CASES FROM THE WEEK JULY 15, 2022 SUPREME COURT UPDATES RULES REGARDING REMOTE COURT PROCEEDINGS IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, ET AL. 47 Fla. L. Weekly S187 (Fla. Jul. 14, 2022): Following the onset of the […]
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The Week In Torts – Cases from July 8, 2022
Careful what you say to the judge in private FLORIDA LAW WEEKLY VOLUME 47, NUMBER 27 CASES FROM THE WEEK JULY 8, 2022 ANY EX PARTE COMMUNICATIONS THAT GO BEYOND MERE ADMINISTRATIVE CONTACT CAN CAUSE A LITIGANT TO HAVE AN OBJECTIONABLY REASONABLE, WELL-FOUNDED FEAR OF NOT BEING ABLE TO RECEIVE […]
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The Week In Torts – Cases from July 1, 2022
You will have to do better than that! FLORIDA LAW WEEKLY VOLUME 47, NUMBER 26 CASES FROM THE WEEK JULY 1, 2022 TRIAL COURT DID NOT DEPART FROM THE ESSENTIAL REQUIREMENTS OF LAW IN COMPELLING THE DEPOSITION OF CORPORATE OFFICER – OFFICER’S AFFIDAVIT WAS INSUFFICIENT TO PREVENT DEPOSITION UNDER APEX […]
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The Week In Torts – Cases from June 17, 2022
Rules about the new rule FLORIDA LAW WEEKLY VOLUME 47, NUMBER 24 CASES FROM THE WEEK JUNE 17, 2022 NO ERROR IN TRIAL COURT CONSIDERING PLAINTIFF’S FACTS AS UNDISPUTED IN GRANTING FINAL SUMMARY JUDGMENT WHERE DEFENDANT FAILED TO RESPOND AS AMENDED RULE 1.510 REQUIRED – WHILE A TRIAL COURT MAY […]
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The Week In Torts – Cases from June 3, 2022
Does anything go to court anymore? FLORIDA LAW WEEKLY VOLUME 47, NUMBER 22 CASES FROM THE WEEK JUNE 3, 2022 COURT ENFORCES ANOTHER CLICKWRAP AGREEMENT CONTAINING AN ARBITRATION CLAUSE EVEN WHEN SEXUAL ASSAULT ALLEGATIONS INVOLVED-THE NEED TO CHALLENGE AS UNCONSCIONABLE AND TO EDUCATE CONSUMERS ABOUT SIGNING THESE CONTRACTS BECOMING EVER […]
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The Week In Torts – Cases from May 6, 2022
Unconscionable…but enforceable FLORIDA LAW WEEKLY VOLUME 47, NUMBER 18 CASES FROM THE WEEK MAY 6, 2022 ERROR TO DENY MOTION TO COMPEL ARBITRATION BASED ON UNCONSCIONABILITY–THRESHOLD FOR PROCEDURAL UNCONSCIONABILITY MET (BUT NOT FOR SUBSTANTIVE UNCONSCIONABILITY). Addit, LLC v. Hengesbach, 47 Fla. L. Weekly D943 (Fla. 2nd DCA Apr. 27, 2022): […]
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The Week In Torts – Cases from April 29, 2022
Joerg not what we thought… FLORIDA LAW WEEKLY VOLUME 47, NUMBER 17 CASES FROM THE WEEK APRIL 29, 2022 THE HOLDING IN JOERG v. STATE FARM WHICH HAS SUPPORTED THE INTRODUCTION OF THE FULL AMOUNT OF FUTURE MEDICAL EXPENSES IN PERSONAL INJURY CASES, ACTUALLY ONLY APPLIES TO THE INTRODUCTION OF […]
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The Week In Torts – Cases from April 15, 2022
Close enough… FLORIDA LAW WEEKLY VOLUME 47, NUMBER 15 CASES FROM THE WEEK APRIL 15, 2022 TRIAL COURT ERRED IN STRIKING PLAINTIFF’S AFFIDAVIT WHICH WAS MORE DETAILED THAN HER DEPOSITION TESTIMONY, BUT DID NOT CONTRADICT OR REPUDIATE IT — EVIDENCE IN THE RECORD SUPPORTED AN ISSUE OF FACT ON CONSTRUCTIVE […]
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The Week In Torts – Cases from April 1, 2022
Putting people into danger is a policy decision? FLORIDA LAW WEEKLY VOLUME 47, NUMBER 14 CASES FROM THE WEEK APRIL 1, 2022 SHERIFF’S DECISION ABOUT WHETHER TO PROVIDE SEATBELTS IN VEHICLES USED TO TRANSPORT PRISONERS OR DETAINEES WAS A DISCRETIONARY DECISION, NOT SUBJECT TO SOVEREIGN IMMUNITY PROTECTION Gualtieri v. Pownall, […]
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The Week In Torts – Cases from March 25, 2022
Check those form PFSes you are sending! FLORIDA LAW WEEKLY VOLUME 47, NUMBER 12 CASES FROM THE WEEK OF MARCH 25, 2022 COURT STRIKES DOWN PLAINTIFF’S PROPOSAL FOR SETTLEMENT FINDING IT TO BE AMBIGUOUS AND AMORPHOUS Harris v. Tiner, 47 Fla. L. Weekly D633 (Fla. 2nd DCA Mar. 25 2022): […]
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The Week In Torts – Cases from April 1, 2022
Now THAT is aggravating FLORIDA LAW WEEKLY VOLUME 47, NUMBER 13 CASES FROM THE WEEK April 1, 2022 AGGRAVATION OF INJURY MUST BE SPECIFICALLY PLED – DEFENDANT’S KNOWLEDGE OF CLAIMED DAMAGES IS INSUFFICIENT TO EXCUSE THE PLEADING REQUIREMENT – NEW TRIAL ORDERED ON THE CAUSE AND AMOUNT OF FUTURE MEDICAL […]
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The Week In Torts – Cases from March 18, 2022
Times how much? FLORIDA LAW WEEKLY VOLUME 47, NUMBER 11 CASES FROM THE WEEK MARCH 18, 2022 COURT AFFIRMS THE PLAINTIFF’S ATTORNEYS’ FEES AWARD, MULTIPLIER AND ALL (IN A PIP CASE) United Automobile Insurance Co. v. Coastal Radiology, 47 Fla. L. Weekly D587 (Fla. 3rd DCA Mar. 9, 2022): The […]
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The Week In Torts – Cases from March 11, 2022
Lessons for fee experts… FLORIDA LAW WEEKLY VOLUME 47, NUMBER 10 CASES FROM THE WEEK MARCH 11, 2022 COURT REVERSED ATTORNEYS’ FEES AWARD MADE PURSUANT TO PROPOSAL FOR SETTLEMENT IN A TOBACCO CASE, FINDING THE FEE EXPERT WHO HAPPENED TO BE A CIRCUIT JUDGE’S METHODOLOGY WAS UNRELIABLE, AND THE TRIAL […]
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The Week In Torts – Cases from February 25, 2022
Please, FSC, make them challenge it before all this litigation! FLORIDA LAW WEEKLY VOLUME 47, NUMBER 8 CASES FROM THE WEEK FEBRUARY 25, 2022 COURT TAKES ANOTHER THIRTY THOUSAND FOOT VIEW OF A PROPOSAL FOR SETTLEMENT AND FINDS IT UNAMBIGUOUS Tower Hill Signature Ins. Co., v. Kushch, 47 Fla. L. […]
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The Week In Torts – Cases from February 18, 2022
Serving a minor alcohol is not intentional? FLORIDA LAW WEEKLY VOLUME 47, NUMBER 7 CASES FROM THE WEEK FEBRUARY 18, 2022 FIRST DISTRICT FINDS THAT A BAR’S “WILLFUL AND UNLAWFUL” SERVICE OF ALCOHOL TO A MINOR IS SOMEHOW NOT AN INTENTIONAL TORT– COMPARATIVE FAULT OF THE MINOR INTOXICANT CAN BE […]
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Executive Women of the Palm Beaches names Partner Julie H. Littky-Rubin as its 2022 Honoree in the Volunteer Category of the Women in Leadership Awards
West Palm Beach, FLA., – March 2, 2022 – Clark, Fountain, Littky-Rubin & Whitman announces with pride that Executive Women of the Palm Beaches has awarded partner, Julie H. Littky-Rubin, the 2022 Volunteer of the year Women in Leadership Awards, for the Volunteer category. The organization recognized Ms. Littky-Rubin for […]
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The Week In Torts – Cases from February 11, 2022
We keep protecting the king… FLORIDA LAW WEEKLY VOLUME 47, NUMBER 6 CASES FROM THE WEEK FEBRUARY 11, 2022 TRIAL COURT ERRED IN DENYING THE COUNTY’S MOTION TO DISMISS BASED ON SOVEREIGN IMMUNITY, WHERE THE COMPLAINT ALLEGED THE COUNTY WAS NEGLIGENT IN DISCRETIONARY PLANNING LEVEL FUNCTIONS, BUT DID NOT ALLEGE […]
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The Week In Torts – Cases from February 4, 2022
It’s just plain old, ordinary negligence. FLORIDA LAW WEEKLY VOLUME 47, NUMBER 5 CASES FROM THE WEEK FEBRUARY 4, 2022 NO ERROR IN DENYING DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO COMPLY WITH PRE-SUIT REQUIREMENTS FOR MEDICAL MALPRACTICE — PLAINTIFF ALLEGED SUFFICIENT FACTS TO PLEAD ACTION AS SOUNDING IN ORDINARY […]
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The Week In Torts – Cases from January 28, 2022
For the 26th time, that is not an impermissibly stacked inference! FLORIDA LAW WEEKLY VOLUME 47, NUMBER 4 CASES FROM THE WEEK JANUARY 28, 2022 ANOTHER MIS-ALLEGATION OF IMPERMISSIBLY STACKED INFERENCES Dumigan v. Holmes Regional Medical Center, 47 Fla. L. Weekly D270 (Fla. 5th DCA Jan. 21, 2022): In this […]
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The Week In Torts – Cases from January 21, 2022
Am I getting paid or not!? FLORIDA LAW WEEKLY VOLUME 47, NUMBER 3 CASES FROM THE WEEK JANUARY 21, 2022 FACTUAL ISSUES EXISTED AS TO WHETHER CLIENTS WHO FILED A BAR COMPLAINT AGAINST THEIR LAWYERS WERE RESPONSIBLE FOR PAYING A FEE BASED ON QUANTUM MERUIT, OR WHETHER THE ATTORNEYS WERE […]
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The Week In Torts – Cases from January 14, 2022
But I won, I want ALL my costs! FLORIDA LAW WEEKLY VOLUME 47, NUMBER 2 CASES FROM THE WEEK JANUARY 14, 2022 THE INTERPLAY BETWEEN §768.79 (OFFER OF JUDGMENT) AND §57.041(1) (TAXABLE COSTS) PUTS THE FOCUS ON THE OFFER OF JUDGMENT STATUTE, UNDERMINING THE ABILITY TO COLLECT ALL TAXABLE COSTS […]
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Clark Fountain Helps Appellate Court See The Light on G4S’ Overreaching Machinations
Florida Bar Board Certified Appellate Lawyer, and Clark, Fountain, La Vista, Littky-Rubin & Whitman, Partner, Julie H. Littky-Rubin, Esq., recently assisted a skilled Broward County trial lawyer in the handling of a sovereign immunity case. In Lovelace v. G4S Secure Solutions (USA), Inc., 320 So.3d 178 (Fla. 4th DCA 2021), […]
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The Week In Torts – Cases from January 7, 2022
Why wait to challenge the punies? FLORIDA LAW WEEKLY VOLUME 47, NUMBER 1 CASES FROM THE WEEK JANUARY 7, 2022 NEW PROVISION ADDED TO RULE 9.130 AUTHORIZING NON-FINAL APPEALS OF ORDERS EITHER GRANTING OR DENYING MOTIONS FOR LEAVE TO AMEND TO ASSERT CLAIMS FOR PUNITIVE DAMAGES In Re: Amendment to […]
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The Week In Torts – Cases from December 24, 2021
May be unrelated, but the employer doesn’t care! FLORIDA LAW WEEKLY VOLUME 46, NUMBER 51 CASES FROM THE WEEK DECEMBER 24, 2021 PLAINTIFF MUST SUE THE CO-EMPLOYEE HIM OR HERSELF TO PURSUE THE UNRELATED WORKS EXCEPTION TO WORKER’S COMPENSATION IMMUNITY Brinchek v. Sovereign Healthcare of Orlando, 46 Fla. L. Weekly […]
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The Week In Torts – Cases from December 17, 2021
More punishment over punitives… FLORIDA LAW WEEKLY VOLUME 46, NUMBER 50 CASES FROM THE WEEK DECEMBER 17, 2021 TRIAL COURT DEPARTED FROM ESSENTIAL REQUIREMENTS OF LAW IN GRANTING PLAINTIFF’S MOTION TO AMEND FOR PUNITIVE DAMAGES WITHOUT MAKING AFFIRMATIVE FINDING THAT PLAINTIFF MADE A REASONABLE SHOWING BY EVIDENCE PROVIDING A REASONABLE […]
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The Week In Torts – Cases from December 10, 2021
You can get it only if it is really yours FLORIDA LAW WEEKLY VOLUME 46, NUMBER 49 CASES FROM THE WEEK DECEMBER 10, 2021 WRIT OF CERTIORARI ISSUED TO PREVENT PRODUCTION OF A WORK PRODUCT PROTECTED INCIDENT REPORT WHICH THE TRIAL COURT ORDERED PRODUCED, BASED ON ITS MISTAKEN CONCLUSION THAT […]
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The Week In Torts – Cases from December 3, 2021
More than a feeling FLORIDA LAW WEEKLY VOLUME 46, NUMBER 48 CASES FROM THE WEEK DECEMBER 3, 2021 TRIAL COURT ERRED IN REDUCING PLAINTIFF’S ATTORNEY’S HOURLY RATES AND EXPERT’S RATES WITHOUT MAKING SPECIFIC FINDINGS OR EVIDENCE – TRIAL COURT ERRED IN MAKING INTERNALLY INCONSISTENT FINDINGS THAT SUPPORTED APPLICATION OF A […]
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The Week In Torts – Cases from November 26, 2021
No waiver as long as you spell it out… FLORIDA LAW WEEKLY VOLUME 46, NUMBER 47 CASES FROM THE WEEK NOVEMBER 26, 2021 PETITIONER’S FAILURE TO FILE A PRIVILEGE LOG DID NOT CONSTITUTE WAIVER OF ATTORNEY-CLIENT PRIVILEGE IN REDACTED EMAILS – COUNSEL PROVIDED INFORMATION PURSUANT TO RULE 1.280(b)(6) THAT WAS […]
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The Week In Torts – Cases from November 19, 2021
Read what it says FLORIDA LAW WEEKLY VOLUME 46, NUMBER 46 CASES FROM THE WEEK NOVEMBER 19, 2021 THE 1999 AMENDMENT TO SECTION 768.73 LIMITING PUNITIVE DAMAGE AWARDS FOR THE “SAME ACT OR CONDUCT” APPLIES TO WRONGFUL DEATH ACTIONS, EVEN WHERE THE DECEDENT DIED AFTER THE EFFECTIVE DATE OF THE […]
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The Week In Torts – Cases from November 12, 2021
You know you understand… FLORIDA LAW WEEKLY VOLUME 46, NUMBER 45 CASES FROM THE WEEK NOVEMBER 12, 2021 TRIAL COURT ERRONEOUSLY CONCLUDED THAT PLAINTIFF’S PROPOSAL FOR SETTLEMENT WAS AMBIGUOUS, AND ERRONEOUSLY DENIED PLAINTIFF ATTORNEY’S FEES Ehlert v. Castro, 46 Fla. L. Weekly D2361 (Fla. 4th DCA Nov. 3, 2021): The […]
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The Week In Torts – Cases from November 5, 2021
So, what was the prejudice? FLORIDA LAW WEEKLY VOLUME 46, NUMBER 44 CASES FROM THE WEEK NOVEMBER 5, 2021 TRIAL COURT ABUSED DISCRETION IN STRIKING SUPPLEMENTAL EXPERT DISCLOSURE AS UNTIMELY WITHOUT ANALYZING WHETHER THE LATE DISCLOSED EXPERT WOULD PREJUDICE THE OBJECTING PARTY–NEW TRIAL REQUIRED ON THE ENTIRE VERDICT (BOTH COMPENSATORY […]
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The Week In Torts – Cases from October 29, 2021
Arbitration when lawyers are loud and clear. FLORIDA LAW WEEKLY VOLUME 46, NUMBER 43 CASES FROM THE WEEK OCTOBER 29, 2021 PLAIN AND UNAMBIGUOUS LANGUAGE IN ARBITRATION PROVISION IN MORGAN & MORGAN FEE CONTRACT COMPELLED ARBITRATION OF PLAINTIFF’S MALPRACTICE CLAIM AGAINST THAT FIRM Ramkelawan v. Morgan & Morgan, 46 Fla. […]
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The Week In Torts – Cases from October 22, 2021
First party bad faith settlement not a party for a co-defendant. FLORIDA LAW WEEKLY VOLUME 46, NUMBER 42 CASES FROM THE WEEK OCTOBER 22, 2021 ON REHEARING, THE SECOND DISTRICT AFFIRMS DECISION THAT SETTLEMENT WITH FIRST PARTY UM INSURER IN AN AMOUNT THAT FAR EXCEEDS THE POLICY LIMITS IS NEITHER […]
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Attorney Julie H. Littky-Rubin Named to 2018 Florida Super Lawyers Top 50 Women List
Clark, Fountain, Littky-Rubin & Whitman is pleased to announce that Partner Julie H. Littky-Rubin has been named to the 2018 Florida Super Lawyers list of Top 50 Women! This distinction is earned by female lawyers who ranked in the top of the list in the 2018 Florida Super Lawyers nomination, research, and blue ribbon review process. […]
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