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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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Archives for September 2018

September 28, 2018 by Jennifer Kennedy

Attorney’s fees — Offer of judgment — Trial court erred in denying defendants’ motions for determination of entitlement to attorney’s fees pursuant to offer of judgment statute on ground that plaintiff was forced into litigation against its will based on court’s finding that it was an indispensable party, where defendants met all requirements of statute and rule regarding offers of judgment and court did not make finding that offers were not made in good faith

43 Fla. L. Weekly D2215b Attorney’s fees — Offer of judgment — Trial court erred in denying defendants’ motions for determination of entitlement to attorney’s fees pursuant to offer of judgment statute on ground that plaintiff was forced into litigation against its will based on court’s finding that it was an indispensable party, where defendants Read More »

Filed Under: Uncategorized

September 28, 2018 by Jennifer Kennedy

Torts — Spoliation of evidence — Third-party spoliation action against defendant who destroyed evidence cannot be litigated and tried at the same time as the underlying case against the tortfeasor who caused personal injury — Spoliation case does not accrue until underlying tort case is resolved — Third-party spoliation claims should generally be abated or dismissed until the underlying tort claim is resolved

43 Fla. L. Weekly D2225b Torts — Spoliation of evidence — Third-party spoliation action against defendant who destroyed evidence cannot be litigated and tried at the same time as the underlying case against the tortfeasor who caused personal injury — Spoliation case does not accrue until underlying tort case is resolved — Third-party spoliation claims Read More »

Filed Under: Uncategorized

September 28, 2018 by Jennifer Kennedy

Torts — Dangerous instrumentalities — Loaders are dangerous instrumentalities — Loaders are motor vehicles for purposes of dangerous instrumentality doctrine — Plaintiff’s status as an independent contractor does not exclude him from protection under the dangerous instrumentality doctrine

43 Fla. L. Weekly S415a Torts — Dangerous instrumentalities — Loaders are dangerous instrumentalities — Loaders are motor vehicles for purposes of dangerous instrumentality doctrine — Plaintiff’s status as an independent contractor does not exclude him from protection under the dangerous instrumentality doctrine ANTHONY NEWTON, Petitioner, v. CATERPILLAR FINANCIAL SERVICES CORPORATION, et al., Respondents. Supreme Read More »

Filed Under: Uncategorized

September 14, 2018 by Jennifer Kennedy

Civil rights — Sexual harassment — Hostile work environment — Trial court erred in granting summary judgment in favor of school board on hostile work environment sexual harassment claim on ground that alleged behavior of school principal, who was direct supervisor of plaintiff-guidance counselor, was not pervasive enough to support plaintiff’s claim — Issues of material fact existed as to frequency and severity of conduct, whether conduct was physically threatening or humiliating, and whether conduct unreasonably interfered with plaintiff’s job performance

43 Fla. L. Weekly D2121a Civil rights — Sexual harassment — Hostile work environment — Trial court erred in granting summary judgment in favor of school board on hostile work environment sexual harassment claim on ground that alleged behavior of school principal, who was direct supervisor of plaintiff-guidance counselor, was not pervasive enough to support Read More »

Filed Under: Uncategorized

September 13, 2018 by Jennifer Kennedy

Wrongful death — Product liability — Tobacco — Attorneys — Disqualification — Trial court did not depart from essential requirements of law by disqualifying law firm representing plaintiff where an attorney in that firm had previously represented defendant when he worked for a different firm — Law firm’s termination of attorney who had represented defendant did not cure conflict of interest

43 Fla. L. Weekly D2042a Wrongful death — Product liability — Tobacco — Attorneys — Disqualification — Trial court did not depart from essential requirements of law by disqualifying law firm representing plaintiff where an attorney in that firm had previously represented defendant when he worked for a different firm — Law firm’s termination of Read More »

Filed Under: Uncategorized

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