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 »
Archives for September 2018
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 »
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 »
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 »
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 »