On April 13, 2023, Governor Ron DeSantis signed into law Senate Bill 360, known as “An act relating to causes of action based on three improvements to real property.” Like other recent tort law changes, including those...more
On March 24, 2023, Florida Governor Ron DeSantis signed into law House Bill 837, “Civil Remedies.” This Act moved quickly through the Florida Legislature process, after having been introduced in February of 2023. The Act is...more
On April 22, 2021, the U.S. Court of Appeals for the 11th Circuit found in Moore v. Intuitive Surgical, Inc., Case No. 1:15-cv-00056-LAG (11th Cir. April 22, 2021), that a surgeon serving as an expert who had not used the...more
We’ve all heard the phrase: Time is Money. Sometimes, this phrase pops up in strange ways in a subrogation investigation. One example is when the insured wants to be paid for his or her time following a loss. ...more
On the afternoon of Monday, May 4, 2020, the Five Mile Swamp fire broke out during a permitted, prescribed 240-acre burn in the Pensacola Bay Mitigation Bank located near Milton, Santa Rosa County, Fla. ...more
Spoiler Alert: This Alert may reveal spoilers from Game of Thrones.
In November 2018, we reported that the Florida Supreme Court inDelisle v. Crane Co., 258 So. 3d 1219 (Fla. 2018), found that “Frye, not Daubert, is the...more
Law enforcement in Miami-Dade County, Florida recently arrested nine individuals described by Florida Chief Financial Officer Jimmy Patronis as the “ringleaders of an elaborate fraud scheme” led by Barbara Maria Diaz de...more
The ongoing debate in Florida over which expert standard — the Daubert standard or the Frye standard — for admitting expert testimony has now been resolved by the Florida Supreme Court. On October 15, 2018, in Delisle v....more
Florida imposes a statutory requirement to provide pre-suit notice to recovery targets when the potential claim involves construction defects. While the required notice tolls the statute of limitations for such claims, an...more
On February 16, 2017, the Florida Supreme Court issued an opinion in In Re: Amendments to the Florida Evidence Code, No. SC16-181, in which the court declined to adopt the Daubert standard, on procedural grounds, for...more
In the recent decision of St. Francis Assisi v. Kuwait Finance House, et al., Case No. 3:16-cv-3240-LB (N.D. Ca. September 30, 2016), the U.S. District Court for the Northern District of California allowed a plaintiff to...more
After more than a decade of laptop battery fires, coupled with the surge in new battery operated devices causing fires (including hoverboards and e-cigarettes), it seemed almost impossible that news of a new string of...more
On January 23, 2015, the Professional Ethics Committee of the Florida Bar issued Proposed Advisory Opinion 14-1, in which the Committee found that “a lawyer may advise the client pre-litigation to remove information from a...more
If you watched President Obama’s State of the Union Address on January 20, you know that passing comprehensive cybersecurity legislation will be a central focus during his final two years in office. The President actually...more
In a harbinger of data-breach-laws to come, the Florida State Legislature just passed a new Florida Information Protection Act, which establishes tough new notification requirements for businesses and governmental entities....more
The Amendments to Rule 26 -
In 2010, Federal Rule of Civil Procedure 26 was amended to provide new limitations on the discovery allowed for testifying experts in federal court cases. The most significant changes with...more
We have all seen the Herculean deeds of a superhero on television or in the movies. They knock over buildings, use buses as weapons and generally cause super-sized amounts of property damage. Have you ever wondered who pays...more