This Kind of Courthouse Reporting Reveals a Bias Against Plaintiffs

As reported in Law 360 … The Florida Supreme Court’s recent decision not to reinstate a nearly $31 million jury award against a bar that served alcohol to an underage person who later crashed into a pedestrian was the right call, experts said, and provided much needed clarity on the state’s dram shop statute. Read […]

Florida Homeowner Insurance Claims Hoops That You May Have To Jump Through

But not this notice to DFS if your policy was issued before the date of this statute. The Sixth District Court of Appeal on Wednesday reversed a Collier County Circuit Court judge’s order granting Universal Property and Casualty Insurance Co.’s motion to dismiss a suit brought by its policyholder Rebecca Hughes, and remanded the case for […]

Peer Review Privilege is Boken: we’re going to keep chipping away state by state

#QualityFraud A Pennsylvania appellate court’s recent ruling makes clear that a hospital’s internal documents are generally considered fair game for discovery in medical malpractice suits and the onus is on health care providers to prove otherwise, experts said. Read more at:

Med Mal Presuit Rules Can Be A Trap

Many states, like Florida, have presuit rules for medical malpractice cases, passed at the urging of lobbies that represent insurance companies and hospital systems. These rules differ from state to state but generally make filing suit more difficult by setting up a series of procedures your lawyer has to follow. Unsurprisingly, almost every case involves […]

A Difficult Case

I have litigated similar issues regarding the duty a hospital owes to relatives of a patient, intentional infliction of emotional distress, wrongful death, and immunity. Here is a link to the reported appeals decision in my case. These are difficult cases, trying for all involved. Press attention can help but can also add to the […]

Florida’s Wrongful Death Act: Still Being Interpreted After All These Years

There have been a lot of tweaks in the Wrongful Death Act over the years that prompt appeals and opinions clarifying how wrongful death claims may be brought. For instance, I have litigated cases concerning who qualifies as a survivor under Florida’s Wrongful Death Act. I have also litigated changes in the law that allowed […]

Fla. Supreme Court Allows Early Dismissal of Medical Malpractice Cases

After forty years, Florida courts and the legislature still can’t decide exactly what the rules for medical malpractice should be. Your lawyer needs to appreciate all the potential pitfalls. “We acknowledged that ‘the Medical Malpractice Act changed the law such that an interlocutory remedy for parties facing claims that fail to satisfy its pre-suit requirements […]

Fla. Justices Say Malpractice Claim Met Expert Qualifications

In the late 1980s, Florida’s legislature passed lots of special rules for medical malpractice cases – hoops to be jumped through before a case can be filed. These laws, on the books from the time I became a lawyer, spawned warehouses full of legal challenges, appeals, opinions, and related paperwork. Whether the laws accomplished anything […]

You Have 2 Years To Sue Dead People, Fla. High Court Rules

The Florida Supreme Court ruled Thursday that insurance liability lawsuits must be filed within two years of a would-be defendant’s death, upholding a decision dismissing a suit against Lewis Bear Co. and the estate of a now-deceased employee who injured two women with a company truck. In a 5-1 decision, the state high court said […]

“Barebone affirmative defenses have always been deficient,” he told the court.

My clients see it all the time. They look at defenses raised in writing by the other side and say things like, “What does that mean?” My typical response to my clients (without waiving any attorney-client privilege) is usually, “Nothing. Absolutely nothing.” “Barebone affirmative defenses have always been deficient,” he told the court. To show […]