An employer can be liable for the actions of its employees, even if committed outside the course and scope of the employment. The two causes of action are negligent hiring and negligent retention. The principle difference...more
I previously blogged on the standard for punitive damages in Florida. To be entitled to an award of punitive damages, a plaintiff must show that the defendant’s conduct rises to a high level of culpability.
But what if a...more
In a proceeding contesting the validity of a will, the proponent of the will only has the burden to establish that the will was executed with the required formalities. The burden then shifts to the contestant to establish...more
A conspiracy requires the combination of two or more persons. To state a claim for civil conspiracy, a plaintiff must show:-
1.An agreement between two or more parties...
...more
I previously blogged on the continuing existence of the independent tort doctrine in Florida. In lawsuits between parties who bargained for their remedies in a contract, the independent tort doctrine will bar tort actions...more
A corporation is a legal entity separate and distinct from its shareholders. The corporate form generally shields shareholders from personal liability for the corporation’s debts.
However, shareholders cannot incorporate...more
I previously blogged on the spoliation of evidence in Florida courts. In federal cases, federal law governs the imposition of sanctions for spoliation of evidence. Federal courts may consider state law in deciding whether...more
In Florida, the economic loss rule previously prevented parties who allocated their risks and remedies in a contract from bringing a tort action. For many years, the economic loss rule only applied in two...more
Punitive damages may be awarded in civil actions as a form of punishment to deter others from engaging in conduct similar to the defendant. Punitive damages are only available for certain claims, such as intentional torts,...more