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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
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
In a recent 5-1 decision, the Florida Supreme Court struck down a $16 million punitive damages award as excessive. Drawing attention from around the country, the recent opinion confirms that under both federal and state law,...more
On January 6, 2022, the Florida Supreme Court adopted a new rule that authorizes appeals from interlocutory orders that allow or disallow an amendment to add a claim for punitive damages. Prior to this amendment, there...more
On January 6, 2022, the Florida Supreme Court started the new year off with a bang, to wit: the Court amended Florida Rule of Appellate Procedure 9.130 to allow for appeals of nonfinal orders granting or denying motions to...more
On January 6, 2021, the Florida Supreme Court adopted an amendment to Florida Rule of Appellate Procedure 9.130 authorizing immediate appeals of orders granting or denying leave to seek punitive damages.[1] Under this...more
Some Florida practitioners and appellate courts have long pointed to the need to amend the rules of appellate procedure to allow for an interlocutory appeal of an order granting or denying a motion for leave to amend to...more
What happens when a trial judge grants a motion to amend a complaint, allowing the addition of a claim for punitive damages, but the evidence supporting the punitive damages claim is insufficient? Is immediate appellate...more