Fowler White Burnett, P.A.

Florida’s Second District Court of Appeal Declares Florida’s Non-Economic Damages Caps Unconstitutional in Medical Malpractice Personal Injury Actions

In another unfortunate blow to Florida’s statutory caps on non-economic damages awards in medical malpractice cases, the state’s Second District Court of Appeal recently became the second of Florida’s five intermediate appellate…more
| Civil Remedies, Health, Personal Injury, Professional Malpractice

U.S. Supreme Court to Weigh In On the Use of Nursing Home Arbitration Agreements

In yet another recent legal development regarding the use of arbitration agreements by nursing home owners and operators in connection with nursing home claims by residents against the nursing home, the United States Supreme…more
| Alternative Dispute Resolution (ADR), Civil Remedies, Health, Personal Injury, Professional Malpractice

Florida’s Second District Court of Appeal Upholds the Enforceability of Arbitration Agreements in Disputes with Nursing Homes While Striking Down Provisions Requiring Each Party to Bear Its Own Attorn

For the second time in less than a month, a Florida appellate court addressed the issue of arbitration agreements and their enforceability as it relates to disputes residents of nursing homes may have with the nursing home…more
| Alternative Dispute Resolution (ADR), Civil Remedies, Health, Personal Injury, Professional Malpractice

New Florida Pollution Incident Reporting Rule

The Florida Department of Environmental Protection (DEP) recently issued as a final, effective emergency order a new pollution incident public reporting rule: 62-4.161, Florida Administrative Code. In short, the crux of the…more
| Environmental Law

Recent Blows to the Use of Forced Arbitration Agreements by Florida Nursing Homes

The Florida Supreme Court and the Centers for Medicaid and Medicare Services (“CMS”) recently dealt two blows to the use of arbitration agreements by nursing homes for any disputes they may have with their residents in Florida…more
| Alternative Dispute Resolution (ADR), Civil Remedies, Health, Personal Injury, Professional Malpractice

4th DCA Confirms Florida’s Adoption of the Daubert Standard for Expert Witness Testimony in Florida State Court Applies Retroactively

Florida's Fourth District Court of Appeal recently was the third District Court of Appeal to rule on a lingering question left in the wake of the adoption of 2013 legislative amendments to the Florida Evidence Code regarding the…more
| Civil Procedure, Civil Remedies, Health, Personal Injury, Professional Malpractice

New Florida Law Facilitates Access to and Management of a Person's "Digital Estate" After Death

A new Florida law facilitates access to and succession of a person's "digital assets" (that is, electronic records that may include photos stored on online servers, email and online bank accounts) through appointed fiduciaries…more
| Wills, Trusts, & Estate Planning

Breaking News: H-1B Visa Cap Reached for 2017 Fiscal Year

On April 7, 2016, the U.S. Citizenship and Immigration Services (USCIS) announced that the congressionally mandated H-1B cap for fiscal year 2017 has been reached. USCIS had only started accepting H-1B petitions for the annual…more
| Immigration Law, Labor & Employment Law

Recent Florida Decision on the Admissibility of Treating Physician Testimony Based on Hypothetical Facts Which Differ from Those Actually Presented in a Medical Malpractice Case in Florida

Florida’s Fourth District Court of Appeal recently considered when a treating physician may offer testimony based on hypothetical facts different than those presented in a medical malpractice case. In Cantore v. West Boca…more
| Civil Procedure, Personal Injury, Professional Malpractice

3rd District Issues Favorable Decision for Defendants Regarding Plaintiff's Discovery of Defendant's Work Product

In Seaboard Marine Ltd. v. Clark, 40 Fla. Law Weekly D2164 (Fla. 3d DCA Sept. 16, 2015) (copy attached), the Third held that the trial court erred in compelling the defendant to produce 91 relevant post-accident photographs. The…more
| Civil Procedure

Burning Down The House – The Wyndham Decision Allows The FTC To Sue Businesses For Getting Hacked

As it is commonly understood, the Great Fire of London spawned two fixtures of the modern world: advancements in firefighting and property insurance. The risk of fire was seen as a threat to society as a whole and mechanisms to…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

In the Wake of Heimeshoff, the 11th Circuit and Equitable Tolling of Reasonable Contractual Time Limitations

As all ERISA practitioners are now well aware, in Heimeshoff v. Hartford Life & Accident Ins Co., 134 S.Ct. 604 (2013), the United States Supreme Court provided that contractual time limitations provisions are enforceable in…more
| Civil Procedure, Insurance, Labor & Employment Law

Florida State Appellate Court Provides Guidance for Defendants Pursuing Summary Judgment on Statute of Limitations Grounds

A Florida state appellate court recently provided guidance for defendants pursuing summary judgment on statute of limitations grounds where a plaintiff initially sues the wrong corporation and later substitutes the correct…more
| Civil Procedure, Professional Malpractice

Florida Supreme Court Holds that Statutory Caps on Noneconomic Damages in Medical Malpractice cases Cannot be Applied Retroactively

In Miles v. Weingrad, --- So. 3d ----, 2015 WL 2401261, 40 Fla. Law Weekly S279 (Fla. May 21, 2015), the Supreme Court of Florida recently resolved the conflict between the Third and Fourth District Courts of Appeal regarding…more
| Civil Procedure, Civil Remedies, Professional Malpractice

The 4th District Adheres To Rule Limiting Discovery Of Expert Witness’s Earnings And Financial Information

The Fourth District adheres to Rule 1.280(b)(5)’s discovery limitations with regard to a witness’s earnings as an expert witness or income derived from other services in the absence of “the most unusual or compelling…more
| Civil Procedure
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Contact

Brickell Arch
1395 Brickell Avenue, 14th Floor
Miami, Florida 33131, United States

Contact: Jorge Cos

  • 305.789.9200
  • 305.789.9201

Areas of Practice
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Other U.S. Locations
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Number of Attorneys

50-100 Attorneys

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