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Tort Reform Comes to Florida

On Friday, March 24, 2023, Gov. Ron DeSantis signed into law HB 837: Civil Remedies, bringing sweeping tort reform in the state of Florida. In a statement, the governor said, “Florida has been considered a judicial hellhole...more

Florida Supreme Court Upholds Airbnb 'Clickwrap' Arbitration Clause

On March 31, 2022, in Airbnb, Inc. v. Doe, the Florida Supreme Court aligned itself with nearly every federal circuit1 in holding that a “clickwrap” agreement that incorporates arbitration rules expressly delegating...more

Can a Person Marry Into Consortium Damages in a Wrongful Death Claim? Florida’s Fourth and Fifth District Courts of Appeal Are in...

Permitting an injured plaintiff’s spouse to claim loss of consortium where the injury in question occurred prior to the marriage would enable the spouse to marry into a cause of action. Florida’s common law rejects this...more

Improper Texting During Remote Testimony Can Result in Significant Consequences to Litigants and Lawyers

For many litigators, sworn testimony today looks much different than it did two years ago. As the COVID-19 pandemic has required parties to limit travel and in-person proceedings, remote testimony for depositions,...more

Florida Rule Change Permits Immediate Appeals on Punitive Damages

The Florida Supreme Court has accepted a proposed rule amendment to permit interlocutory appeals of court orders on punitive damages claims. On January 6, 2022, the Florida Supreme Court approved by 6-1 an amendment to...more

Florida Enacts COVID-19 Civil Immunity Law With Sweeping Protections for Businesses

On March 29, Florida Governor Ron DeSantis signed into law one of the nation’s most aggressive laws intended to protect defendants from COVID-19-related lawsuits. Senate Bill 72 — which enacted Florida Statute Section 768.38...more

Disclosure of Binding Arbitration Not Required In Consumer Warranties, Says Florida Supreme Court

On February 18, the Florida Supreme Court ruled that a warrantor of a consumer product is not required to disclose a binding arbitration agreement as part of the warranty-related items that must be disclosed “in a single...more

Florida Supreme Court Ends 2020 With Adoption of the Federal Summary Judgment Standard

Out with the old, in with the new: the Florida Supreme Court closed out 2020 with a key decision that eliminates Florida’s previous summary judgment standard in favor of the federal standard articulated in the Celotex...more

Florida Appellate Court Authorizes the Use of the Risk-Utility Test in Complex Medical Device Cases

On October 7, 2020, Florida’s Fourth District Court of Appeal affirmed a defense verdict in favor of a medical device manufacturer and in doing so approved of the trial court’s use of the risk-utility test and not the...more

Protecting Confidential Information and Avoiding ‘Public Hazard’ Labeling Under the Florida Sunshine in Litigation Act

“Public hazard” is not a label that any company would want associated with its product. Such a label can have far-reaching consequences for product manufacturers, especially if a product is involved in mass litigation....more

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