Florida Supreme Court
Recent News About Florida Supreme Court
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State Supreme CourtFlorida Supreme Court justice 'strongly' urges judges to get off Facebook
TALLAHASSEE, Fla. (Legal Newsline) – A Facebook friendship between a judge and an attorney isn’t enough to legally disqualify the judge from ruling on the case, the Supreme Court of Florida decided on Nov. 15.
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LawsuitsCalifornia reclaims top spot on 'Judicial Hellhole' list; ATRA bemoans state's adoption of 'innovator liability'
WASHINGTON (Legal Newsline) - California tops the list of jurisdictions regarded as "Judicial Hellholes" by a national civil justice reform group.
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State Supreme CourtFla. SC rejects Daubert standard in $8M mesothelioma case
TALLAHASSEE, Fla. (Legal Newsline) – The Florida Supreme Court has quashed an appellate court's ruling in a mesothelioma case and recommended that a final judgment issued by a trial court be reinstated.
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LawsuitsSupreme Court of Florida rules loaders are 'dangerous instrumentalities' in case over man's severed finger
TALLAHASSEE, Fla. (Legal Newsline) – On Sept. 27, the Supreme Court of Florida stated a company’s 8,000-pound piece of equipment really is dangerous, voiding the ruling of a lower court as the ruling infringed on decisions the Court and other district courts have made in the past.
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LawsuitsFlorida Supreme Court says appeals court erred when it reversed $4.5 million award over smoking-related death
TALLAHASSEE, Fla. (Legal Newsline) – The Supreme Court of Florida rejected the state's 4th District Court of Appeal’s decision to reverse a multimillion-dollar award for a woman whose mother died of lung cancer.
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LawsuitsFlorida Supreme Court puts proposed amendment prohibiting greyhound racing on November ballot
TALLAHASSEE, Fla. (Legal Newsline) – The Florida Supreme Court on Sept. 7 reversed an opinion by the Circuit Court for the 2nd Judicial Circuit that had ruled that the wording of a proposed constitutional amendment to be voted on in November was defective and could not appear on the ballot.
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In Florida, ruling says restraint of deaf resident was not medical malpractice
TALLAHASSEE, Fla. (Legal Newsline) – The question of whether a deaf academy acted in medical malpractice or negligence was answered in a Supreme Court of Florida’s April 26 opinion.
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Florida Supreme Court states 5th District erred in applying 'rare' requirement for fees
TALLAHASSEE, Fla. (Legal Newsline) – The Florida Supreme Court has remanded a case filed by an elderly couple against their insurer back to the 5th District to reinstate an award of attorney's fees.
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Calif. appeals court affirms $3.75 million judgment against cigarette manufacturer
Plaintiff Tajie Major sued several cigarette manufacturers her husband, William, had smoked, as well as manufacturers of asbestos to which he had been exposed, alleging both his smoking and asbestos exposure caused his lung cancer and death.
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Medical providers win case over Sarasota County special law
TALLAHASSEE, Fla. (Legal Newsline) – The Supreme Court of Florida has reversed a decision of an appeals court regarding hospital reimbursements in Sarasota County.
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Fla. Supreme Court rules caps on damages in medical malpractice lawsuits violate state constitution
TALLAHASSEE, Fla. (Legal Newsline) – The Supreme Court of Florida has backed a lower court’s ruling that caps on personal injury non-economic damages in cases of medical malpractice violate the Equal Protection Clause of the state constitution.
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Fla. SC keeps Frye standard for expert testimony
TALLAHASSEE (Legal Newsline) – The Florida Supreme Court declined the opportunity to change the standard for the admissibility of expert testimony, leaving in place a procedure favored by plaintiffs attorneys.
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Fla. SC ruling rejects state Legislature’s ability to limit attorney fees in claims bills
In Florida, state law limits recovery against the State or its agencies or subdivisions to $100,000 per person or $200,000 per incident in damages, with a 25 percent cap on attorneys’ fees. To get more, lawmakers must pass a claims bill, or a relief act.
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Florida's top court addresses Economic Loss Rule
TALLAHASSEE, Fla. (Legal Newsline) – This past December, the legal landscape for manufacturers in contractual privity with another party was altered.
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Florida's 11th Circuit strikes down credit card surcharge law
A recent decision from the 11th Circuit Court in Florida could have a big impact on credit card transactions in the state.
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Miami attorney says Fla. SC set pro-plaintiff standard in design defect cases
A case recently decided by the Florida Supreme Court created a new standard of proof for plaintiffs in strict product liability and design defect cases, a decision that could lead to more of those types of cases.
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Fla. plaintiffs attorneys pushing for rule that could lead to wrongful convictions, criminal defense lawyer says
Bruce Lyons says adopting a less-strict standard on the admissibility of expert witnesses would be a "big step backward in forensic evidence."
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Florida Bar split over Frye v. Daubert standards; Voice of criminal defense could guide decision
ATLANTIC BEACH, Fla. – Lawyers sharply debating whether to preserve the statewide standard for admitting expert testimony focused so tightly on civil cases that they overlooked the criminal field. Their error caught up with them on Oct. 16, when governors of the Florida Bar tabled a committee’s recommendation to preserve the current standard.
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Florida Bar committee, plaintiffs lawyers push for rejection of new standard on expert witness testimony
After nearly two years of seeking public input, the state Bar’s Code and Rules of Evidence Committee voted to reject the Daubert standard, which is tougher on expert testimony. The Bar’s BOG plans to review the committee’s recommendation later this month.
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Attorneys battle over fees in decertified class action against tobacco companies
Tallahassee law firm Howard & Associates, along with attorneys Phillip Timothy Howard and Richard A. Daynard, contends it should receive a portion of the fees coming in a settlement of the more than 400 Engle Progeny Cases.