Author: Elf
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The Intentional Acts Exclusion
In personal injury cases, it’s important to know if the person you’re suing has insurance to cover the costs. If they do, they’ll have a lawyer paid for by the insurance, and you’re more likely to get a big settlement if you win. In cases where someone hurt you on purpose, their insurance might not…
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The Challenge of Peremptory Challenges: A Brief Study in the Evolution of Law
In 13th century England, the King had changed the legal system by introducing trial by jury, which the people were not happy about. One day, the Kingâs Justice comes to a county and a local troublemaker is brought before him. The Justice questions William about a stolen mare, and he denies owning her. The Justice…
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The Overlooked Emergency Room Cause of Action: F.S. 395.1041
Florida passed a law similar to the federal EMTALA in 1988, which requires hospitals to examine and stabilize patients who come to the emergency room. If a patient is not properly examined and stabilized, they may have a private cause of action against the hospital. This law provides a possible remedy for patients who were…
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Sleeping with the Enemy-Litigation Loan Agreements: Are They Legal?
In a lawsuit involving multiple parties, sometimes one defendant wants to settle the case even if everyone else doesn’t. In these situations, they might use something called a “litigation loan agreement” to reach a settlement. This involves making two payments to the person suing (the plaintiff)âone is a regular settlement payment, and the other is…
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Pleading Punitive Damages in Federal Court: Must One Comply with F.S. 68.72?
In Florida, there’s a law that says you can’t ask for extra punishment in a lawsuit unless you have good evidence to back it up. But in federal court, it’s unclear if this law applies. Different federal courts in Florida have different opinions about it. So it can be confusing for lawyers who work in…
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Keep it Straight or Pay More Than Your Share: Deciphering Fabre and Set-Offs in Multiple Defendant Cases
When two or more people are responsible for causing harm in a lawsuit, it can be tricky to figure out how much each person should pay. This gets even more complicated if some of the people settle the case before it goes to trial. Some people argue that because of this, a rule called Fabre…
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Condemnation Blight Under Florida Law: A Rule of Appropriation or the Scope of the Project Rule in D
Condemnation blight is a concept in eminent domain law that refers to the negative impact on property when the government announces it might take the property for public use. It can cause problems for property owners because it can lower the property’s value. Different states have different rules about how to deal with condemnation blight.…
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Mediating with Florida’s Local Governments: Tips for the Private Practitioner
This article is for lawyers who want to mediate with local government in Florida. The writer wants to let them know that settlements reached at mediation with the government are not final until the elected board approves them. They give an example of a personal injury case where the lawyer reached a settlement, but then…
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Planning Ahead: Some Tips for the Complaint Drafter Dealing with the Economic Loss Rule
This article talks about the economic loss rule, which can affect a case if someone claims they were harmed financially because of a contract. It suggests that both sides need to understand the rule early on and think about it when writing a lawsuit. The rule can cause cases to be lost if the complaint…
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The 120-Day Rule: What You Need to Know
Florida Rule of Civil Procedure 1.070 (j) says that a complaint has to be served on the defendant within 120 days after it’s filed. If not, the case can be dismissed, but the complaint can be filed again if the statute of limitations hasn’t run out. If there’s a good reason why the complaint wasn’t…
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You Should Have Called Me Sooner
It’s important to involve an appellate specialist in the early stages of a legal case, even before it goes to trial. They can help with developing legal theories, drafting pleadings, and working on tough legal issues. This can save time and money in the long run. If a case has a potentially difficult legal problem,…
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Waiting to Get Paid: Are Pay When Paid Provisions a Matter of When or If?
In construction contracts, subcontractors may have to wait to get paid if the owner doesn’t pay the general contractor. This is called a “pay-when-paid” clause. It can be tricky because it might mean the subcontractor only gets paid after the owner pays the general contractor, or it might just set a reasonable timeframe for payment.…
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Florida Tort Reform 1999
In early June, Governor Jeb Bush passed a new law in Florida that changes how lawsuits for certain things (like products that hurt people) work. Some key changes include a limit on how long you can sue for a defective product, and new defenses for companies to use in court. These changes are meant to…
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Federal Judgments in Florida Still Good After Five Years
I had lunch with a friend who is a trial lawyer at a small restaurant near a federal courthouse in Jacksonville. He told me that federal judgments in Florida are only valid for five years now. My friend told me about a court case called Balfour Beatty Bahamas, Ltd. v. Bush, where a company was…
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Sunshine in Litigation
Florida has a law called the Sunshine Statute that aims to balance the need for information in a lawsuit with the need to protect business secrets. It’s supposed to help people get information about hazardous products for their lawsuits, but it also tries to prevent unfair advantages for companies and unworthy lawsuits. The Sunshine Statute…
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The Rising Cost of Discovery from Expert Witnesses: Problems and Solutions
In short, the legal firm is being accused of overcharging its clients in a lawsuit filed by the state’s attorney general. The firm denies the allegations and plans to fight the lawsuit in court. The outcome of the case will have a big impact on the legal industry in our state. In litigation, experts are…
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Continued Revision of the Economic Loss Rule: Statutory Causes of Action Not Barred (Comptech International, Inc. v. Milam Commerce Park, Ltd.)
The economic loss rule has been a hot topic in Florida, with many debates and discussions on its application. Recently, the Florida Supreme Court made some important decisions to provide more clarity on the rule. In the case of Comptech, a company called Comptech sued their landlord, Milam, for damages to their computers due to…
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Preserving Appellate Rights at Trial and in Post-trial Proceedings
As a trial lawyer, it’s important not to unintentionally give up your client’s right to appeal. In Florida courts, even experienced lawyers make mistakes that can waive these rights. For example, during jury selection, if you want to appeal a decision not to dismiss a juror, you have to use up all your challenges, ask…
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The Other Property Problem: Applying the Economic Loss Rule to Construction Contracting Claims
The economic loss rule in Florida says you can’t sue for damages in a contract dispute unless there’s personal injury or damage to other property. That’s easy to understand when it comes to products, but it gets tricky with construction contracts because there’s no clear line between what’s considered “other property” and what’s not. This…
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Pleading Requirements for a Claim for Attorneys’ Fees
The rules for pleading a claim for attorneys’ fees have changed in the past ten years. Plaintiffs don’t have a problem with it, but defendants do. The Florida Supreme Court says that a defendant doesn’t need to file a formal counterclaim to ask for fees. They can do it after the main case is over.…
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The Impact of Gooding on Actions for Malpractice in the Treatment of Malignant Disease
Mr. Gooding passed away in a hospital after the emergency room staff failed to provide him with proper care. His wife sued the hospital for negligence. The court ruled in favor of the hospital because even with proper treatment, Mr. Gooding’s chances of survival would have been very low. The Supreme Court said that in…
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Computer Generated Animation: Identifying New and Subtle Prejudicial Special Effects
Computer animation in the courtroom can be unfair because it can make the jury believe a testimony more easily, and ignore other evidence. This can be seen as unfair and could influence the outcome of a trial. In one case, a court allowed a computer animation to be used because it was not too graphic…
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Liability of the Commercial Driver: Negligent Hiring Meets the Dangerous Instrumentality Doctrine
If you get hurt in a car accident with a commercial vehicle in Florida, the owner of the vehicle might be responsible for your injuries. This is because of a law called the dangerous instrumentality doctrine. It says that if someone owns a dangerous tool, like a car, they can be held responsible if someone…
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Fraudulent Construction Liens: Willful Exaggeration or Good Faith Dispute?
If you’re a contractor trying to foreclose on a construction lien, you might face a defense claiming that your lien is fraudulent. This could lead to a lawsuit and damages against you. Even if you know you’re an honest contractor, it’s important to carefully review how you put together your claim to avoid these problems.…