Top News

Deaf student's injury caused by negligence, not malpractice

The Florida Supreme Court entered a ruling on April 26 that injuries sustained as a result of the use of a restraint maneuver on a patient at The National Deaf Academy were the result of negligence rather than medical malpractice.

Appellate court affirms ruling in underground fuel tank case

Claims for negligence and indemnification filed against Tank Tech, Inc. as part of a dispute with Valley Tank Testing, LLC regarding liability for damage to underground petroleum tanks (USTs) will stand, according to an opinion entered on April 20 by the Florida District Court of Appeal, Second District.

Third District Court of Appeal agrees medical malpractice case should not be moved

The Florida Third District Court of Appeal upheld a trial court order denying a motion filed by medical personnel sued for malpractice.

Case against West Boca Medical, Miami Children's over medical care sent back to appeals court

TALLAHASSEE – The Florida Supreme Court quashed a ruling by the Fourth District Court of Appeals that allowed a jury to hear testimony regarding what a doctor at Miami Children’s Hospital would have done to treat a patient transferred to the hospital if she had arrived an hour or two earlier, according to an opinion entered on April 26.

Appellate court: City has 'no duty to care' in Pirate's Treasure lawsuit

In a non-final opinion entered April 13, the Florida Second District Court of Appeal overturned a Sixth Judicial Circuit Court order to allow dismissal of a negligent misrepresentation claim filed against the city of Dunedin by Pirate’s Treasure Inc.

Appeals court reverses decision in RaceTrac wrongful land purchase

LAKELAND – The Florida Second District Court of Appeal agreed in an April 4 opinion that the Circuit Court for Pasco County erred when the judge denied procedural due process to trustee Gaspar's Passage LLC, as well as its denial of Gaspar's request to add expert witnesses and exhibits.

Florida attorney general kicks off 2018 Special Olympics Law Enforcement Torch Run

TALLAHASSEE – The 2018 Law Enforcement Torch Run, which benefits the Special Olympics, was kicked off April 5 by Florida Attorney General Pam Bondi, according to a release from Bondi’s office.

Carnival fails to secure favorable judgment in burn injury lawsuit

Carnival Corp.’s motion for summary judgment in a burn injury case was denied on Feb. 26 by the U.S. District Court for the Southern District of Florida.

Louisville Ladder granted summary judgment

MIAMI – Louisville Ladder Inc.’s motion for a ruling that it was not at fault for “failing to warn users of a design defect in [its ladders]” was granted as part of a defect lawsuit filed by a man who fell from a ladder manufactured by the company, according to an order filed March 1 by the U.S. District Court for the Southern District of Florida.

Class counsel awarded more than $2 million share of Trump golf club judgment fund

A court has granted award of attorney's fees in a case involving Trump National Golf Club Jupiter and The Ritz-Carlton Golf Club & Spa Jupiter.

3rd District Court of Appeal upholds ruling dismissing doctor's testimony

The 3rd District Court of Appeal has affirmed a lower court ruling that the opinions of a doctor who testified in a case related to the death of the plaintiff’s mother did not have “sufficient evidentiary weight to be submitted to the jury,” according to the Jan. 17 opinion.

Honus Wagner Co. trademark-infringement lawsuit thrown out by district court

A trademark-infringement lawsuit filed by a company bearing the name of early 20th century Pittsburgh Pirates baseball player Honus Wagner was dismissed because the court lacks personal jurisdiction over the defendants, according to a Dec. 21 opinion.

Federal court enforces arbitration award in dispute involving Hipasat SA

The U.S. District Court for the Southern District of Florida has enforced a foreign arbitral award in favor of Hipasat SA after a magistrate judge recommended the enforcement, according to an order published on Aug. 24.

Samsung washing machine buyers claim recall efforts fall short

MIAMI — Samsung Electronics America Inc. and Samsung Electronics Co. Ltd. are facing a class-action lawsuit related to alleged exploding washing machines.

Free-roof insurance scam plagues Florida homeowners

TALLAHASSEE — A trend has emerged in the storm-battered Sunshine State in which a relatively small number of roofers and attorneys are suing insurance companies for more than the actual cost of repair or, in some cases, for non-existent damage. 

Florida Bar Foundation focuses on determining self-representation numbers, pro bono needs

MIAMI — The Florida Bar Foundation hopes its Everyone Counts initiative will lead to answers on just how many pro bono attorneys are needed and just how many people are representing themselves in court.

Disability termination lawsuit against Standard Insurance nothing new

FORT LAUDERDALE — A case involving a former TIN Inc. employee seeking reinstatement of his long-term disability benefits under the Employee Retirement Income Security Act (ERISA) is not Standard Insurance Co.’s first experience with this type of lawsuit, according to one Florida attorney.

Collaboration helps juvenile offenders forge a path for the future

JACKSONVILLE – A pro bono program for juvenile offenders who have completed the State Attorney’s Office’s diversion program, which began as a collaboration between Florida Coastal School of Law and the Center for Legal Rights, has blossomed into a new joint effort that links the city, the State Attorney’s Office, Florida Coastal, the Duval County Clerk of Courts, the Jacksonville Sheriff’s Office and Jacksonville Area Legal Aid.

Florida Supreme Court ruling addresses insurance payment clause debate

TALLAHASSEE – The Florida Supreme Court has sided with a homeowner who sued American Home Assurance Co. Inc. after the insurer denied his claim related to water damage in his Naples home.  

Professor says quality appointments key for next Constitution Revision Commission

TALLAHASSEE, Florida – Interest in serving on the Florida Constitution Revision Commission (CRC) for the 2017-2018 term is ramping up, and Florida Supreme Court Chief Justice Jorge Labarga already has 32 applicants for the 15 members he can choose for the 37-member commission.