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Florida FL Supreme Court

Butler Weihmuller Katz Craig LLP

The Main Event: Florida Supreme Court to Resolve District Court Split Over Retroactive Application of State’s NOI Statute

Tag-teaming with Florida’s Sixth District Court of Appeal, the Second District is also at odds with the Third and Fourth Districts on the issue of retroactive application of Florida’s litigation-intent statute.  In Buis v....more

Array

This Week in eDiscovery: Limiting Discovery | Generative AI Ethics

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of September 2-8. Here’s what’s...more

Rumberger | Kirk

How Florida’s New Comparative Fault Laws Can Help QSRs Reduce Liability Risk

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In the highly competitive quick-service restaurant industry, fast-food chains are continually looking for an edge over their competitors. Some brands have found a way to distinguish themselves from other fast-food...more

Rumberger | Kirk

Florida High Court Gave Bars a Big Win, But There Are Additional Ways to Reduce Liability Risk  

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Owners of bars, taverns, restaurants and other establishments serving alcohol kept a close eye on a case before the Supreme Court of Florida this year. At issue was a $28.6 million jury verdict against a bar awarded to a...more

Clark Hill PLC

Changes Take Effect for Florida Rules of Civil Procedure

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Recently, the Florida Supreme Court amended the Florida Rules of Civil Procedure, and two notable changes took effect on July 1. First, the Florida Supreme Court is amending Rule 1.110 to require any party who sets forth any...more

DarrowEverett LLP

Summarizing Proposed Changes to Florida Rules of Civil Procedure

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The Florida Supreme Court has taken steps to improve the efficiency and effectiveness of civil litigation, and it has issued two separate per curiam opinions introducing proposed substantial amendments to the Florida Rules of...more

Faegre Drinker Biddle & Reath LLP

Upcoming Changes to Florida’s Civil Procedure Rules: What Litigators and their Clients Need to Know

Last week, the Florida Supreme Court released two opinions [here and here] announcing changes to its rules of civil procedure in an attempt “to promote the fair and timely resolution of civil cases.” The amendments are broad...more

EDRM - Electronic Discovery Reference Model

Civil Procedure Rules Can Change for the Better- But It Takes Work

A landmark rules decision this past week by the Florida Supreme Court promises to reshape the landscape of civil litigation in the state. One particular change amending Florida’s scope of discovery rule, Fla. R. Civ. P....more

Rumberger | Kirk

Florida Supreme Court Affirms Officers’ Authority to Order a Driver out of a Vehicle During a Traffic Stop for Officer Safety

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The Florida Supreme Court recently affirmed what, until recently, had been long standing law: an officer may order a driver out of the vehicle for officer safety during a routine traffic stop without an individualized...more

Manatt, Phelps & Phillips, LLP

State Supreme Court Decisions Severely Restrict Access to Abortion in Arizona and Florida

In the aftermath of the Supreme Court’s decision to overturn the federal constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, individual states continue to decide the legality of abortion on a...more

Rumberger | Kirk

Recent Rule Change in Florida Can Protect Corporate Officials from Depositions

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In 2021, The Supreme Court of Florida adopted the “apex rule” pertaining to attempts to depose corporate and government officials. In re Amend.to Fla. R. Civ. Proc. 1.280, 324 So.3d 459, 461 (Fla. 2021). Rule 1.280(h) now...more

McGlinchey Stafford

Florida Supreme Court Paves Way for Voters to Legalize Recreational Marijuana in November

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Marking a significant development for the cannabis industry both in the state of Florida and throughout the U.S., an initiative will appear on the November 5, 2024, ballot in Florida, which could amend its constitution to...more

Rumberger | Kirk

Punitive Damages 2023: The Statute Means What It Says

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Cases in which plaintiffs advance a claim for imposition of punitive damages are among the most likely to keep a defense lawyer up at night. Several recent cases from Florida district courts of appeal have reinforced the...more

Fuerst Ittleman David & Joseph

Florida Litigation Update: Third DCA Clarifies When Joint Proposals for Settlement Are Ambiguous and Addresses the Interplay...

Florida litigators are well aware of the power of a properly used proposal for settlement and the potentially devastating consequences of rejecting such a proposal. Such proposals are powerful tools designed to facilitate...more

Brownstein Hyatt Farber Schreck

SCOTUS Denies Stay Extension on Seminole Tribe's Sports Betting Plan in Florida

On Oct. 25, 2023, the U.S. Supreme Court denied a request to extend the stay ordered in West Flagler Associates, Ltd. v. Haaland. It is unclear if any justice supported the request to extend the stay. This means that West...more

Shutts & Bowen LLP

Florida Appellate Court Provides Further Guidance Regarding New Summary Judgment Rule

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In a recent opinion, Florida’s First District Court of Appeal provided further guidance regarding the changes to Florida’s summary judgment rule.  See Whitlow v. Tallahassee Memorial Healthcare, Inc., --- So. 3d ---, Case No....more

Rumberger | Kirk

Appellate Courts Applying  Florida’s “New” Summary Judgment Standard: Takeaways and Practice Pitfalls

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Just about two years ago, the Florida Supreme Court essentially adopted the federal summary judgment standard.  This was a major change for Florida, given that movants no longer had to disprove the other side’s case...more

Rumberger | Kirk

The Multiple Issues Surrounding Medicare and Past Damages

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What amount of past medical expenses can a plaintiff present to the jury when he or she is a Medicare recipient? The short answer: only the amount of past medical expenses the plaintiff is obligated to pay, not the gross...more

Bradley Arant Boult Cummings LLP

Federalizing Fla.'s State Court Swamp—Big Changes Are Coming to State's Civil Litigation

Litigating in Florida state court can be a slog. Cases move slowly, discovery can be a hassle, and scheduling is sometimes a headache. Yet judges aren’t to blame—Florida trial courts are overloaded and under-resourced. ...more

Butler Weihmuller Katz Craig LLP

Deal or No Deal: The Florida Supreme Court clarifies what it takes for an offer of judgment to be deemed accepted

Recently, the Florida Supreme Court resolved an interdistrict conflict between the decision of the Second District Court of Appeal in Suarez Trucking FL Corp. v. Souders, 311 So. 3d 263, 272 (Fla. 2d DCA 2020) and the...more

King & Spalding

Eleventh Circuit Holds That Florida UCC Registry Is Subject to “Zero-Tolerance Rule” on Properly Naming Borrower

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On September 29, 2022, the U.S. Court of Appeals for the Eleventh Circuit, applying the Florida Supreme Court’s answer to a certified question, held that a creditor that filed a UCC-1 financing statement under an abbreviated...more

Nelson Mullins Riley & Scarborough LLP

A Rose by Any Other Name Might Get Your Lien Stripped Under Florida Law

To the long list of things people love about lawyers we can add last week’s holding by the Eleventh Circuit Court of Appeals that “Blvd.” is utterly unrecognizable as “Boulevard” – at least by Article 9 of the Uniform...more

Rumberger | Kirk

Florida’s New Sixth District Court of Appeal Confirmed

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Florida has not added a District Court of Appeal (DCA) since 1979 when the legislature created the Fifth DCA, but Florida’s judicial branch, in coordination with the executive and legislative branches is now adding a Sixth...more

Butler Weihmuller Katz Craig LLP

Trial Lawyers, Don't Lose Your Appeal

September 6, 2022 Every appellate attorney’s dream is a well-developed record on appeal without any unpreserved errors. But that is not always possible. The recent amendment to Florida Rule of Civil Procedure 1.530(a), issued...more

Rumberger | Kirk

Florida Supreme Court Resolves Conflict Among District Courts of Appeal over MedMal Notice Period

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What’s the difference between too late and just in time? The Supreme Court of Florida just decided that a medical malpractice plaintiff who mails the required presuit notice before the expiration of the statute of...more

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