43 Fla. L. Weekly D1358a Torts — Dismissal — Fraud on the court — Trial court did not abuse discretion by dismissing personal injury suit for fraud on the court where plaintiff fraudulently concealed his history of chronic low back pain by falsely testifying about his medical history during deposition — Appeals — Defendant’s death Read More »
Archives for June 2018
Appeals — Sovereign immunity — Order denying motion to dismiss on ground of sovereign immunity is not appealable where order did not rule on sovereign immunity issue
43 Fla. L. Weekly D1351a Appeals — Sovereign immunity — Order denying motion to dismiss on ground of sovereign immunity is not appealable where order did not rule on sovereign immunity issue CITY OF MIAMI GENERAL EMPLOYEES’ and SANITATION EMPLOYEES’ RETIREMENT TRUST, et al., Appellants, v. JOSE RODRIGUEZ, et al., Appellees. 3rd District. Case No. Read More »
Torts — Counties — Sovereign immunity — Appeals
43 Fla. L. Weekly D1287a Torts — Counties — Sovereign immunity — AppealsMIAMI-DADE COUNTY, Appellant, vs. NOEL POZOS, Appellee. 3rd District. Case No. 3D15-2167. L.T. Case No. 14-24237. June 6, 2018. An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge. Counsel: Abigail Price-Williams, Miami-Dade County Attorney, and Eric K. Gressman, Joni A. Read More »
Insurance — General liability — Excess liability — Jurisdiction — Supplemental — Appellate court cannot exercise supplemental jurisdiction over appeal from district court’s grant of summary judgment to primary insurer on claim that primary insurer had unlawfully exposed insured to undue excess liability by prematurely exhausting its primary and umbrella general liability policy through its improper settlement allocations — Supplemental jurisdiction cannot provide the foundation for exercising jurisdiction over appeal, because district court lacked diversity jurisdiction over original complaint — There was an absence of complete diversity of citizenship, stripping district court of original jurisdiction, where excess insurer was named as party defendant in original complaint, district court was required to realign excess insurer as plaintiff since interests of original party plaintiff and excess insurer were coextensive at time of filing, and realignment of excess insurer as party plaintiff would have destroyed diversity since excess insurer and defendants were citizens of same state
27 Fla. L. Weekly Fed. C923a Insurance — General liability — Excess liability — Jurisdiction — Supplemental — Appellate court cannot exercise supplemental jurisdiction over appeal from district court’s grant of summary judgment to primary insurer on claim that primary insurer had unlawfully exposed insured to undue excess liability by prematurely exhausting its primary and Read More »
Civil rights — Speech — Religion — Free exercise — Same-sex couple filed charge with Colorado Civil Rights Commission alleging discrimination on basis of sexual orientation in violation of state Anti-Discrimination Act after baker refused to create a cake for their wedding because of his religious opposition to same-sex marriages — State civil rights commission’s consideration of case without religious neutrality that Constitution requires violated Free Exercise Clause — Commission’s hostility toward baker’s sincere religious beliefs was inconsistent with First Amendment’s guarantee that laws be applied in a manner that is neutral toward religion — Official expressions of hostility to religion in some of the commissioners’ comments were inconsistent with what the Free Exercise Clause requires — Baker was entitled to a neutral decisionmaker who would give full and fair consideration to his religious objection as he sought to assert it in all of the circumstances in which case was presented, considered, and decided
27 Fla. L. Weekly Fed. S289a Civil rights — Speech — Religion — Free exercise — Same-sex couple filed charge with Colorado Civil Rights Commission alleging discrimination on basis of sexual orientation in violation of state Anti-Discrimination Act after baker refused to create a cake for their wedding because of his religious opposition to same-sex Read More »