– The Florida Supreme Court introduced three significant changes to the Florida Rules of Civil Procedure in 2021.
– These changes, including a fresh summary judgment standard, a new apex deponent rule, and immediate review of early punitive damages decisions, have had a profound impact on business litigation in Florida state court.
– The changes are expected to lead to fairer, more predictable, and more efficient litigation outcomes for business litigators in Florida.
– The Florida Supreme Court’s plans for further revamping of Florida business litigation in 2022 and beyond suggest that more changes are on the horizon.
– The adoption of a federalized summary judgment standard in Florida state court has been a major shift, making summary judgment more accessible and impactful for litigants.
– Under the previous standard, proving the nonexistence of a genuine issue of material fact was a daunting task, leading to undeserving cases slipping through and increasing settlement pressure and litigation budgets. 1. The Florida Supreme Court has harmonized the state and federal standards for summary judgment practice, making it easier for litigants to win summary judgment without having to prove a negative.
2. The new rule is expected to result in more trial efficiency, improved appellate records, and new removal considerations.
3. Defendants can end unmeritorious cases before trial and plaintiffs can win judgments faster under the new rule, leading to fewer and faster trials.
4. The new rule requires trial courts to state reasons for granting or denying the motion, leading to clearer records and cleaner grounds for appeal.
5. The alignment of Florida and federal standards for summary judgment could change the removal calculus, evening out the balance between state and federal courts. – The Florida Supreme Court announced an expanded apex doctrine in August 2021, extending protection from superfluous depositions to high-level corporate officers.
– Under the new rule, high-level government or corporate officers may move for a protective order from depositions and must provide an affidavit explaining their lack of unique, personal knowledge of the issues being litigated.
– The burden shifts to the party seeking discovery to show that other discovery has been exhausted, is inadequate, and that the officer has unique, personal knowledge of discoverable information in order to obtain the deposition. 1. The amended rule removes the apex deposition arrow from most plaintiffs’ settlement pressure quiver and restores some parity to settlement negotiations by protecting high-level officials who genuinely have nothing to offer.
2. The Florida Supreme Court made certain punitive damages decisions immediately appealable, allowing defendants to appeal bad punitive damages pleading decisions right away and avoiding nuclear verdicts, multiple trials, and invasive discovery.
3. Florida has unique rules governing punitive damage pleading, requiring a heightened showing of evidence for leave to plead punitive damages, and the recent amendment allows for immediate appeal of decisions granting or denying a motion for leave to allege punitive damages. 1. Successful pleading of punitive damages allows for financial discovery in Florida civil procedure.
2. The court may be considering changes to Florida’s proposal for settlement (PFS) rules, including axing nonmonetary terms and modifying joint proposal rules.
3. The changes in PFS rules could impact pretrial settlement strategy for businesses and business litigators.
4. Businesses and business litigators should be prepared for potential changes in Florida civil procedure, as the court’s changes have already created a more balanced and efficient business litigation environment. – There are multiple references to “Id.” in the text.
– The case “In re: Amendment to Fla. R. App. P. 9.130” is cited.
– Florida Statute § 768.72(1) is referenced.
– The citation “In re Amendments to Fla. R. of Civ. P. 1.442” is included.
https://www.bradley.com/insights/publications/2022/02/how-the-florida-supreme-court-is-changing-business-litigation
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