Blog

Remanding Negligence to State Court

An issue of importance that any potential plaintiff must consider at the initiation of litigation is whether to bring his or her case in state...

Liability Disputes Over Subcontractor Personnel Injuries

Although workers’ compensation is supposed to be simple in practice, a common issue that arises from workplace accidents at construction sites is clarifying liability when...

Second District Reverses Medical Negligence Verdict

A key issue that arises in negligence litigation generally and medical negligence cases in particular is properly defining and asserting the applicable duty of care....

Analysis of Liability in Marcum v. Hayward

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...

Enforcing Forum Selection Clauses in Cruise Negligence

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 Affirms Broward Malpractice Dismissal

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...

Binding Jury Rulings in UM Cases

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 Resolves Conflict in Broward Medical

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 Rules on Dangerous Instrumentality

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...

Court Declines Arbitration in Elder Abuse Lawsuit

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...

Summary Judgment Granted in Federal Malpractice Suit

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...

Sawgrass Mills Mall Slip and Fall

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