Robert Weill

Robert Weill

Sedgwick LLP

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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

Florida High Court Narrows Application of Economic Loss Rule to Product Liability Actions

In a dramatic reversal of established precedent, the Florida Supreme Court on March 7, 2013 held in a 5-2 decision that the economic loss rule only applies to product liability actions. Tiara Condo. Ass’n v. Marsh & McLennan...more

3/13/2013 - Damages Economic Loss Doctrine Insurance Brokers

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