Robert Weill

Robert Weill

Sedgwick LLP

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Florida High Court to Decide When a Trial Court May Set Aside a Default Judgment

On April 9, 2015, the Florida Supreme Court held oral argument on Santiago v. Mauna Loa Investments, LLC, No. SC13-2194 (review granted May 22, 2014), which will require the Court to clarify the scope of a trial court’s...more

5/14/2015 - Default Judgment FL Supreme Court Oral Argument

Florida High Court to Examine the Scope of a Psychotherapist’s Legal Duty to Prevent an Outpatient’s Suicide

The Florida Supreme Court has accepted review of Granicz v. Chirillo, 147 So. 3d 544 (Fla. 2d DCA 2014), where the Second District reversed a summary judgment in favor of a psychotherapist, finding that plaintiff’s expert...more

5/14/2015 - Duty of Care Expert Testimony FL Supreme Court Suicide

Florida High Court Set to Clarify When an Insured Is Entitled to Attorneys’ Fees When an Insurer Initially Denies a Sinkhole...

On April 15, 2015, the Florida Supreme Court accepted review of Omega Insurance Co. v. Johnson, No. 5D13-1701, 2014 WL 4375189 (Fla. 5th DCA Sept. 5, 2014), which found that an insured was not entitled to an award of...more

5/13/2015 - Attorney's Fees FL Supreme Court Insurance Litigation Property Damage

Florida High Court Declares That Contract Legality Is Not Reviewable On A Motion to Vacate An Arbitral Award

On November 6, 2014, the Florida Supreme Court resolved a conflict among the Fourth and Fifth District Courts of Appeal by holding that a court is not required to determine whether a contract is legal before enforcing an...more

2/2/2015 - Appeals Arbitration Arbitration Awards Contract Disputes

Florida Insurance Law: 2014 Year in Review

This past year brought a number of important insurance decisions in Florida, some favorable to insurers and others that reaffirm the challenges for insurers litigating in Florida. For example, after a broad statutory...more

1/23/2015 - Advertising Advertising Injury Auto Insurance Commercial General Liability Policies GEICO Homeowner's Insurance Insurance Industry Insurance Litigation Life Insurance Safeco State Farm TCPA Travelers Property Casualty Co. Unsolicited Faxes

Florida High Court Clarifies Harmless Error Standard in Civil Appeals

On November 13, 2014, the Florida Supreme Court answered the following certified question of great public importance in the negative: “In a civil appeal, shall error be held harmless where it is more likely than not that the...more

12/22/2014 - Appeals Healthcare Hospitals Medical Malpractice Negligence Physicians

Florida High Court To Decide Whether State Insurer Is Immune From Statutory Bad Faith Claims

The Florida Supreme Court has accepted for review a First District decision holding that Florida’s state insurer of last resort, Citizens Property Insurance Corporation, is not immune from a statutory bad faith failure to...more

11/3/2014 - Appeals Bad Faith Citizens Property Insurance Corporation Insurers Property Damage

Florida High Court to Decide If Party Must Object to a Fundamentally Inconsistent Verdict to Preserve Issue

The Florida Supreme Court has accepted review of a Third District case involving whether a party waives a challenge to a fundamentally inconsistent verdict by failing to object before the jury is discharged. See Coba v....more

8/20/2014 - Defect Design Defects Home Depot Jury Verdicts Waivers

Florida High Court to Decide Whether Statute of Frauds Applies to Oral Agreement to Split Lottery Winnings

On June 20, 2014, the Florida Supreme Court accepted review of a Fifth District decision that certified the following question of great public importance...more

8/5/2014 - Contract Formation Lottery Statute of Frauds

Florida High Court to Decide Which Test Governs Component Parts Doctrine

On April 8, 2014, the Florida Supreme Court heard oral arguments in an asbestos case concerning the liability of a defendant who has sold a component part to a manufacturer who then incorporates the part into its own...more

7/30/2014 - Asbestos Asbestos Litigation Component Parts Doctrine Mesothelioma

Florida High Court Poised to Clarify Harmless Error Standard in Civil Appeals

On June 20, 2012, the Florida Supreme Court accepted review of a Fourth District Court of Appeal case that certified the following question of great public importance: “In a civil appeal, shall error be held harmless where it...more

7/25/2014

Florida High Court Poised to Clarify Harmless Error Standard in Civil Appeals

On June 20, 2012, the Florida Supreme Court accepted review of a Fourth District Court of Appeal case that certified the following question of great public importance: “In a civil appeal, shall error be held harmless where it...more

7/25/2014 - Appeals Hospitals Plain Error Wrongful Death

Florida's High Court Limits Role of Senior Judges Serving as Mediators

On June 19, 2014, the Florida Supreme Court amended the Code of Judicial Conduct and six rules of procedure relating to senior judges who also serve as mediators. ...more

7/3/2014 - Judges

Florida Appellate Court Finds Daubert Standard Applies Retrospectively and Prohibits "Pure Opinion" Testimony

In the first civil appellate case in Florida to address the newly adopted Daubert standard for the admissibility of expert testimony, Florida’s Third District Court of Appeal held that the standard applies retrospectively...more

6/2/2014 - Daubert Hearing Daubert Standards Evidence Kelly-Frye Test Testimony

Florida Supreme Court Decides that Florida Civil Rights Act Prohibits Pregnancy Discrimination

On April 17, 2014, the Florida Supreme Court resolved a certified conflict between two of Florida’s district courts of appeal, to hold that the Florida Civil Rights Act (FCRA) prohibits pregnancy discrimination. To read the...more

5/6/2014 - Discrimination Employer Liability Issues FCRA Pregnancy Discrimination SCOTUS Sex Discrimination Title VII

Florida High Court Liberally Construes Self-Insured Retention Endorsement

On February 6, 2014, the Florida Supreme Court took a liberal view of self-insured retentions (SIRs) and held that an insured can apply indemnification payments from a third party to satisfy its SIR under a general liability...more

4/9/2014 - Commercial General Liability Policies Risk Retention Self-Insurance

Amendments to Florida Rules of Civil Procedure Effective January 1, 2014

The Florida Supreme Court has adopted various amendments to the rules of civil procedure that became effective on January 1, 2014. To see all of the redlined changes and to read the decision of the Court adopting these...more

2/10/2014 - Deadlines Rules of Civil Procedure

Florida Supreme Court Compels Legislator Depositions in Redistricting Case

On December 13, 2013, the Florida Supreme Court decided that Florida legislators and legislative staff members can be forced to give deposition testimony and produce documents relating to legislation establishing new...more

1/9/2014 - Depositions Discrimination Discriminatory Effects Rule Gerrymandering Intent Redistricting

Florida High Court Reinstates $1.2 million Judgment Against Law Firm of Prospective Client

On October 24, 2013, the Florida Supreme Court reinstated a $1.2 million final judgment awarded to a prospective client of a personal injury law firm who sat in a chair that collapsed during a consultation at the firm. See...more

11/11/2013 - Causation Directed Verdicts Expert Testimony Failure To Warn

Florida High Court to Examine Retroactive Application of Noneconomic Damages Cap in Med Mal Cases

On October 15, 2013, the Florida Supreme Court accepted review of a case to decide whether the retroactive application of the cap on noneconomic damages for certain medical malpractice cases found in section 766.118, Florida...more

10/31/2013 - Medical Malpractice Non-Economic Damages Retroactive Application

Florida High Court Upholds Florida's Birth Injury Compensation Plan (NICA)

Last term, the Florida Supreme Court upheld the constitutionality of a state plan that provides up to $100,000 to the parents or legal guardians of an infant found to have sustained a birth-related neurological injury. See...more

8/20/2013 - Birth Injuries Damage Caps Equal Protection Malpractice Insurance Medical Malpractice Premiums Vagueness

Florida High Court Precludes Use of Extrinsic Evidence to Construe Ambiguous Policy Language

In what may be described as a controversial 4-3 decision, the Florida Supreme Court in Washington National Insurance Corp. v. Ruderman, No. SC12-323, 2013 WL 3333059 (Fla. July 3, 2013), held that ambiguous language in an...more

7/24/2013 - Ambiguous Boilerplate Language Contract Interpretation Extrinsic Evidence Insureds Insurers

Florida Legislature Allows Plaintiffs to Contest Their Reimbursement to Medicaid

Effective July 1, 2013, Florida’s Medicaid Third-Party Liability Act now provides a mechanism for recipients of Medicaid to challenge the amount they must reimburse Florida’s Agency for Healthcare Administration (AHCA) after...more

7/19/2013 - Health Claims Health Insurance Healthcare Medicaid Reimbursements Third-Party Liability

Florida Legislature Reforms Medical Malpractice Laws

Effective July 1, 2013, the Florida Senate passed legislation that clarifies when a non-defendant physician may retain legal representation when called as a witness and limited who may qualify as an expert witness in medical...more

7/15/2013 - Disclosure Medical Malpractice Physicians Witness

Labor/Employment

Discrimination – Pregnancy. Conflict Certified: Whether the Florida Civil Rights Act, section 760.10, Florida Statutes, prohibits employment discrimination based on pregnancy. ...more

5/17/2013 - Pregnancy Discrimination

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