Florida Supreme Court
Recent News About Florida Supreme Court
-
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. -
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. -
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. -
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. -
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." -
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. -
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. -
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. -
NYC's asbestos court called the most unfair in the nation by tort reform group
WASHINGTON (Legal Newsline) – Recent developments in New York City’s asbestos docket have caused it to be declared the No. 1 Judicial Hellhole by a national legal reform group. -
Fla. SC approves $25K fine against judge over campaign finance breach
TALLAHASSEE, Fla. (Legal Newsline) - The Florida Supreme Court has sanctioned a $25,000 fine against a Seminole County judge who admitted to violating the state's campaign finance laws. -
Lawyers, professors discuss ways around Fla. SC decision that struck down caps
TALLAHASSEE, Fla. (Legal Newsline) - Despite the Florida Supreme Court's recent decision to strike down a $1 million cap on non-economic damages in medical malpractice wrongful death lawsuits, many lawyers and legal scholars believe more can be done to limit the potential increase in those lawsuits in the future. -
Experts expect changes in Florida's 'post-caps world'
TALLAHASSEE, Fla. (Legal Newsline) - Since the Florida Supreme Court struck down the $1 million cap on non-economic damages in medical malpractice wrongful death cases, lawyers and industry experts have questioned whether the decision will once again increase malpractice claims and insurance premiums, or even force doctors to leave Florida to practice in other states. -
Fla. decision could launch new attacks on damages caps around the country
TALLAHASSEE, Fla. (Legal Newsline) - Supreme Court justices in Florida may have given plaintiffs attorneys a reason to try to strike down legislatively imposed limits on non-economic damages in other states, a law professor and plaintiffs attorney agree. -
Fla. SC refuses to adopt medical malpractice rule
TALLAHASSEE, Fla. (Legal Newsline) -- The Florida Supreme Court last week refused to adopt a procedural rule that would go along with a law that places restrictions on out-of-state expert witnesses testifying in medical malpractice cases.
