Florida Supreme Court
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Fla. SC answers whether 'surviving spouse' can sue despite 'marriage before injury' rule
TALLAHASSEE, Fla. (Legal Newsline) - Spouses who married personal injury plaintiffs after the onset of their injuries can recover damages for the loss of companionship, the Florida Supreme Court has ruled. -
Medical marijuana firm seeks to counter cannabis legalization ballot measure
Signs of discord between medical marijuana advocates and recreational cannabis supporters are emerging in a legal battle now before the Florida Supreme Court that will determine whether the Smart & Safe initiative goes before state voters. -
Florida lawyers get lesson on how to sue the dead
TALLAHASSEE, Fla. (Legal Newsline) - An absolute two-year limit on liability against the estate of a dead person doomed a lawsuit by women who were injured in an accident with a man driving a company car, the Florida Supreme Court ruled. -
Appeal costs smoker $16 million award but at least she can recover legal fees
TALLAHASSEE, Fla. (Legal Newsline) - A woman who sued RJ Reynolds over the smoking-related death of her sister can recover legal fees for an appeal that ultimately cost her a $16 million punitive-damages award because her compensatory damages were still higher than a settlement offer RJR had rejected. -
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Ruling dooms Florida tobacco lawsuits, Supreme Court justice says
TALLAHASSEE, Fla. (Legal Newsline) - A decision by the Florida Supreme Court requiring tobacco plaintiffs to identify specific statements that convinced them to smoke will make it “virtually impossible” for such cases to succeed in the future, a dissenting justice said. -
Smokers, plaintiffs lawyers get bad news from Florida Supreme Court
TALLAHASSEE, Fla. (Legal Newsline) – A 1999 tort reform measure applies to tobacco wrongful death cases of smokers who died after, even though a class action on their behalf had been filed years before. -
Florida falls in line with federal summary judgment standard; One justice fears consequences
TALLAHASSEE, Fla. (Legal Newsline) – Because of a case involving a fatal rear-end collision, Florida is changing its summary judgment standards to stay in line with U.S. Supreme Court rulings from more than 30 years ago. -
Florida 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. -
California 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. -
Fla. 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. -
Supreme 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. -
Florida 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. -
Florida 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. -
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. -
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. -
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. -
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. -
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. -
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. -
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.