44 Fla. L. Weekly D1974a Criminal law — Vehicular homicide — Control of vehicle — Evidence — Expert — Trial court abused its discretion in admitting expert testimony that did not meet requirements of Daubert v. Merrell Dow Pharmaceuticals — Expert’s opinion that defendant had applied brakes before crash was not shown to be based […]
Read MoreInsurance — Property — Consequential damages — Question certified whether, in a fi...
44 Fla. L. Weekly D2001b Insurance — Property — Consequential damages — Question certified whether, in a first-party breach of insurance contract action brought by an insured against its insurer, not involving suit under section 624.155, does Florida law allow the insured to recover extra-contractual, consequential damages MANOR HOUSE, LLC, OCEAN VIEW, LLC AND MERRITT, […]
Read MoreContracts — Employment — Argument — New trial — Defendant’s closing ar...
44 Fla. L. Weekly D1999a Contracts — Employment — Argument — New trial — Defendant’s closing argument was improper and highly prejudicial where it advised the jury that defendant had evidence that had not been presented to the jury and improperly stated that the jury’s inability to receive said evidence was unfair to defendant — […]
Read MoreInsurance — Property — Insured’s action against insurer seeking declaration of rig...
44 Fla. L. Weekly D1969a Insurance — Property — Insured’s action against insurer seeking declaration of rights under policy — Standing — Assignment to company that performed emergency water mitigation services — Scope of assignment — Considering language of assignment as a whole, it was unambiguous intent of parties to limit scope of assignment to […]
Read MoreTorts — Automobile accident — Leased vehicles — Short-term rental — Vicariou...
44 Fla. L. Weekly D1967a Torts — Automobile accident — Leased vehicles — Short-term rental — Vicarious liability — Automobile dealership’s liability for accident involving vehicle owned by dealership and driven by its employee — Trial court properly entered final summary judgment in favor of dealership based on federal Graves Amendment where dealership established that […]
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