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Marcum v. Hayward: Liability for Unconscious Drivers in Florida

Although a driver having an unanticipated seizure and slamming her vehicle into the vehicle of someone else sounds more like a TV drama than the facts of...

South Florida Appeals Court Enforces Forum Selection Clause in Cruise Ship Negligence Suit

Although contract formation is often considered a formal process involving parties sitting at a conference table negotiating terms and memorializing a final agreement, every day...

Fourth District Court of Appeal Affirms Dismissal of Broward Medical Malpractice Case

Given that the Florida law imposes specific evidentiary standards, pre-suit filing requirements, and other obligations on medical negligence cases, it follows that properly distinguishing medical...

Fourth District Court of Appeal Holds That Prior Jury Determination is Binding in Uninsured Motorist Case

Uninsured or underinsured motorists are not an uncommon problem in Florida. A recent study conducted by the Insurance Research Council showed that in 2012 Florida...

Supreme Court of Florida Resolves Conflict in Broward Medical Malpractice Case

Medical malpractice litigation is not uncommon in Florida. As a result, many state courts have had the occasion to weigh in on the proper standard...

Supreme Court of Florida Answers Certified Question Regarding Dangerous Instrumentality Doctrine

The dangerous instrumentality doctrine is a long-established principle of tort law. Under this doctrine, a person with a property interest in a vehicle is vicariously...

Fourth District Court of Appeal Declines to Enforce Arbitration Provision in Elder Abuse Case

Florida has long served as a destination for America’s elderly population and, as a result, has also become home to a considerable number of retirement...

Federal District Court Grants Summary Judgment in Medical Malpractice Case

A common legal issue that arises in the context of imprisonment or other forms of detention is liability for failing to provide or negligently providing...

Federal Court Denies Motion to Dismiss in Premises Liability Case at Sawgrass Mills Mall

Although it is uncommon for premises liability cases to find their way to federal court, the specifics of a case occasionally make resolution in the...

Third District Court of Appeal Reverses in Scuba Diving Wrongful Death Case

With a seemingly endless coastline, Florida is a haven for water-based recreational activities. As the Third District Court of Appeal noted at the conclusion of its...

Supreme Court of Florida Invokes Constitutional Provision in Decision on Proper Scope of Discovery in Medical Malpractice Suit

Although the average course on civics or government thoroughly reviews the provisions of the United States Constitution, many overlook the importance of state constitutions as...

Supreme Court of Florida Reverses in Pinecrest Personal Injury Case

A night at the bar with friends does not typically end with someone wielding a tomahawk, but as you will see below, the facts of...