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Discovery Florida

Array

This Week in eDiscovery: Limiting Discovery | Generative AI Ethics

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of September 2-8. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

Florida Takes a Measured Approach to Ethical Guardrails on Generative AI

Generative AI is rapidly transforming the landscape of legal and judicial practice, raising complex ethical questions that demand thoughtful regulation. Recognizing this, on August 29, 2024, the Florida Supreme Court took a...more

Marshall Dennehey

Third District Court Quashes Order Granting Motion for Protective Order Relating to a Corporate Representative’s Deposition

Marshall Dennehey on

Hamilton v. Citizens Property Insurance Corporation, Fla. 3rd DCA, 3D23-1934, May 1, 2024 - The petitioner in this matter (the plaintiff below) sought certiorari review of a discovery order granting a motion for protective...more

Butler Weihmuller Katz Craig LLP

Sweeping Changes to Florida Rules of Civil Procedure

The Florida Supreme Court recently approved significant amendments to the Florida Rules of Civil Procedure. ...more

DarrowEverett LLP

Summarizing Proposed Changes to Florida Rules of Civil Procedure

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The Florida Supreme Court has taken steps to improve the efficiency and effectiveness of civil litigation, and it has issued two separate per curiam opinions introducing proposed substantial amendments to the Florida Rules of...more

Faegre Drinker Biddle & Reath LLP

Upcoming Changes to Florida’s Civil Procedure Rules: What Litigators and their Clients Need to Know

Last week, the Florida Supreme Court released two opinions [here and here] announcing changes to its rules of civil procedure in an attempt “to promote the fair and timely resolution of civil cases.” The amendments are broad...more

EDRM - Electronic Discovery Reference Model

Civil Procedure Rules Can Change for the Better- But It Takes Work

A landmark rules decision this past week by the Florida Supreme Court promises to reshape the landscape of civil litigation in the state. One particular change amending Florida’s scope of discovery rule, Fla. R. Civ. P....more

Searcy Denney Scarola Barnhart & Shipley

How to Prove Negligence in a Personal Injury Case in Florida

If you have been the victim of another’s negligence, you may be entitled to compensation. It is important to remember, however, that obtaining a settlement or a jury verdict will depend on your ability to prove that the other...more

Array

This Week in eDiscovery: Florida Ethics Opinion Guides Use of Generative AI, the Dangers of Third-Party Discovery Delays, and More

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s blog covers the week of January 22-28. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

Florida’s New Advisory Ethics Opinion on Generative AI Hits the Mark

As a former Florida trial lawyer and judge who appreciates emerging technology, I admit that I had more than a little concern when The Florida Bar announced it was working on a new ethics opinion on generative AI. Generative...more

EDRM - Electronic Discovery Reference Model

Florida Bar Weighs Whether Lawyers Using AI Need Client Consent

“Florida lawyers might soon be required to get their client’s consent before using artificial intelligence on their legal matters.” Karen Sloan, “Florida bar weighs whether lawyers using AI need client consent | Reuters...more

Searcy Denney Scarola Barnhart & Shipley

Proving Liability in a Product Liability Case in Florida

Product liability cases are some of the complex matters which arise in the realm of personal injury law. Such cases often involve multiple defendants and can raise multiple theories of liability. One of the most hotly...more

Searcy Denney Scarola Barnhart & Shipley

How to Prove Liability in a Car Accident Case in Florida

The establishment of liability for a car accident can be more complicated than it typically appears. While responding police officers will often issue a citation to one of the drivers, for having caused the accident, law...more

Bradley Arant Boult Cummings LLP

Federalizing Fla.'s State Court Swamp—Big Changes Are Coming to State's Civil Litigation

Litigating in Florida state court can be a slog. Cases move slowly, discovery can be a hassle, and scheduling is sometimes a headache. Yet judges aren’t to blame—Florida trial courts are overloaded and under-resourced. ...more

Baker Donelson

Worry No More – Maps and Images Subject to Judicial Notice in Florida

Baker Donelson on

The Florida Legislature has voted in support of CS/HB 677, which will create a new subsection of the Florida Evidence Code on the subject of judicial notice. Specifically, when it goes into effect on July 1, 2022, Section...more

McGlinchey Stafford

Does CAFA permit appellate review of sua sponte remand orders? - Commercial Law Bulletin, April 5 2022

McGlinchey Stafford on

Ohio- Substantially compliant acknowledgment clause WWSD, LLC v. Woods, 10th Dist. Franklin No. 20AP-403, 2022-Ohio-952- In this appeal, the Tenth Appellate District affirmed the trial court’s decision, agreeing that...more

Searcy Denney Scarola Barnhart & Shipley

What is the Status of Discovery of an Expert Witness Relationship?

In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer...more

Butler Weihmuller Katz Craig LLP

Dodge’N Expert Bias Discovery Issues Raised In Worley

Expert witnesses are a critical part of litigation.  A good expert can properly assess a case, help position a case for settlement and provide helpful testimony at trial.  Like all witnesses, an expert witness’ bias may be...more

Littler

Florida Adopts the Apex Doctrine in the Corporate Context

Littler on

Late last month, the Florida Supreme Court codified into Florida Rule of Civil Procedure 1.280(h) the “apex doctrine” and declared the doctrine applies with equal force to high-ranking corporate and government officials....more

Esquire Deposition Solutions, LLC

[Webinar] Ethical Considerations When Taking A Remote Deposition - August 20th, 12:00 pm - 1:00 pm EST

Lawyers have always been bound by ethical standards. The pandemic created a new one – reduce the spread of a deadly disease by staying home and working remotely. The American Bar Association has established that attorneys...more

Esquire Deposition Solutions, LLC

[Webinar] Ethical Considerations When Taking A Remote Deposition - August 19th, 12:00 pm - 1:00 pm EST

Lawyers have always been bound by ethical standards. The pandemic created a new one – reduce the spread of a deadly disease by staying home and working remotely. The American Bar Association has established that attorneys...more

Bilzin Sumberg

Stronger than Before: A Q&A with Al and Joy About the Future of the Development and Redevelopment of South Florida

Bilzin Sumberg on

Referring to the disruptions brought on by the COVID-19 crisis as the “new normal” has quickly become part of our everyday lexicon. Rising above a crisis, however, is more about adapting to change and innovating than it is...more

Rumberger | Kirk

Morris v. Muniz: A Sword Against Whom?

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Until recently, there had been confusion regarding the application of Florida’s Medical Malpractice Act (the “Act”) as it pertains to (1) the proper appellate standard of review of a presuit expert’s qualifications, and (2)...more

Rumberger | Kirk

Florida Supreme Court Says Right to Privacy Survives Death and Prohibits Ex Parte Interviews in Medmal Actions

Rumberger | Kirk on

In the case of Weaver v. Myers, a sharply divided Florida Supreme Court recently struck down part of the 2013 amendments to Fla. Stats. §§766.106 and 766.1065, which govern the informal discovery process of the medical...more

Rumberger | Kirk

Florida Supreme Court To Rule On Constitutionality Of Daubert Standard

Rumberger | Kirk on

The Supreme Court of Florida is poised to decide the constitutionality the Daubert standard for admissibility of expert testimony, resolving whether Frye or Daubert will be the governing standard going forward in Florida...more

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