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
In the highly competitive quick-service restaurant industry, fast-food chains are continually looking for an edge over their competitors. Some brands have found a way to distinguish themselves from other fast-food...more
Owners of bars, taverns, restaurants and other establishments serving alcohol kept a close eye on a case before the Supreme Court of Florida this year. At issue was a $28.6 million jury verdict against a bar awarded to a...more
In Ripple v. CBS Corporation, et. al., the Florida Supreme Court held a surviving spouse is entitled to recovery for wrongful death under the Florida Wrongful Death Act (the Act), codified at Fla. Stat. §§ 768.16-768.26...more
Recently, the Florida Supreme Court amended the Florida Rules of Civil Procedure, and two notable changes took effect on July 1. First, the Florida Supreme Court is amending Rule 1.110 to require any party who sets forth any...more
The Florida Supreme Court is a court of limited jurisdiction, with authority to hear only those matters specifically enumerated in the Florida Constitution. One such basis permits the court to exercise its jurisdiction where...more
The Florida Supreme Court ruled that PIP (Personal Injury Protection) insurers may pay 80% of a charge submitted by a provider, even when that reimbursement amount is less than the amount that would be reimbursable under the...more
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
Am. Coastal Ins. Co. v. San Marco Villas Condo. Ass’n, Inc., SC2021-0883, 2024 WL 369079 (Fla. 2024) - The defendant, San Marco, filed a property claim with its insurer, American Coastal, for damage sustained to its property...more
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
In Florida, personal injury protection (PIP) coverage limits reimbursement of medical charges to 80% of “all reasonable expenses.” What is “reasonable” is generally determined by a statutory schedule of maximum charges...more
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
The Florida Supreme Court recently affirmed what, until recently, had been long standing law: an officer may order a driver out of the vehicle for officer safety during a routine traffic stop without an individualized...more
On February 1, 2024, the Supreme Court of Florida issued its opinion in American Coastal Ins. Co. v. San Marco Villas Condominium Ass’n, Inc., 2024 WL 369079 (Fla. 2024), to address a persisting conflict on the timing of...more
Breaking news from the United States Court of Appeals for the Eleventh Circuit involving the case of RJ's International Trading, LLC vs. Crown Castle South, LLC. The court has certified a pivotal question to the Florida...more
In the aftermath of the Supreme Court’s decision to overturn the federal constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, individual states continue to decide the legality of abortion on a...more
In 2021, The Supreme Court of Florida adopted the “apex rule” pertaining to attempts to depose corporate and government officials. In re Amend.to Fla. R. Civ. Proc. 1.280, 324 So.3d 459, 461 (Fla. 2021). Rule 1.280(h) now...more
Faircloth arose from a November 2014 motor vehicle accident involving a 20-year-old driver who was served alcohol at Potbelly’s bar and an 18-year-old pedestrian who was served alcohol at Cantina 101. The guardianship for the...more
Marking a significant development for the cannabis industry both in the state of Florida and throughout the U.S., an initiative will appear on the November 5, 2024, ballot in Florida, which could amend its constitution to...more
Cases in which plaintiffs advance a claim for imposition of punitive damages are among the most likely to keep a defense lawyer up at night. Several recent cases from Florida district courts of appeal have reinforced the...more
The Eleventh Circuit Court of Appeals recently upheld a settlement agreement between a franchisor and former franchisee that the franchisee alleged was obtained under the threat of criminal prosecution. Sewalk v. Valpak...more
As a dispute-resolution mechanism, appraisal can be an effective means of resolving a valuation dispute between an insurer and its policyholder. Appraisal provisions may include language that allows an insurer to deny a claim...more
The Florida Supreme Court on Aug. 26, 2021, amended the Florida Rules of Civil Procedure to codify the apex doctrine and "protect high-level corporate officers from the risk of abusive discovery, while still honoring opposing...more
It is long-standing law in Florida (and elsewhere) that an insurer can deny a claim when it was prejudiced by a policyholder’s failure to provide timely notice. However, there has been some debate in recent years about whose...more
Florida litigators are well aware of the power of a properly used proposal for settlement and the potentially devastating consequences of rejecting such a proposal. Such proposals are powerful tools designed to facilitate...more