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

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Archives for April 2019

April 26, 2019 by Jennifer Kennedy

Insurance — Property — Coverage — Water damage — Insured’s action against law firm retained to report and settle property loss claim — Discovery — Trial court departed from essential requirements of law by ordering production of documents responsive to requests that appear on their face to potentially invade the attorney-client or work-product privileges without first conducting an in camera inspection — Trial court erred by ordering disclosure of documents relating to communications between retained law firm and homeowners regarding the loss without first conducting in camera review of documents to determine whether the attorney-client privilege applied — Trial court erred by ordering production of documents generated or created by firm before reviewing the documents responsive to that request to determine whether they were the firm’s work product — Trial court departed from essential requirements of law by finding that homeowners waived their attorney-client privilege when firm’s legal assistant contacted their insurer to report the property loss

44 Fla. L. Weekly D1072b Insurance — Property — Coverage — Water damage — Insured’s action against law firm retained to report and settle property loss claim — Discovery — Trial court departed from essential requirements of law by ordering production of documents responsive to requests that appear on their face to potentially invade the Read More »

Filed Under: Uncategorized

April 26, 2019 by Jennifer Kennedy

Torts — Automobile accident — Livestock straying onto public road — Evidence — Prior incidents — Trial court did not err in granting motion in limine barring introduction of evidence pertaining to prior instances where owner’s livestock had escaped from their enclosed pastures — Plaintiff waived ability to contest exclusion of any incident not specifically proffered in trial court, and the sole escape that was preserved by proffer occurred under circumstances that were not similar to those that led to cows straying onto roadway in instant case, which plaintiff specifically alleged was caused by defendant’s negligence in maintaining gate

44 Fla. L. Weekly D1058b Torts — Automobile accident — Livestock straying onto public road — Evidence — Prior incidents — Trial court did not err in granting motion in limine barring introduction of evidence pertaining to prior instances where owner’s livestock had escaped from their enclosed pastures — Plaintiff waived ability to contest exclusion Read More »

Filed Under: Uncategorized

April 26, 2019 by Jennifer Kennedy

Jurisdiction — Non-residents — Florida court did not have jurisdiction over defendant Canadian corporation which did not advertise in Florida and had minimal sales in Florida — Fact that defendant had a website did not show that defendant was directing its business activities toward Florida — Trial court erred in denying defendant’s motion to dismiss

44 Fla. L. Weekly D1035a Jurisdiction — Non-residents — Florida court did not have jurisdiction over defendant Canadian corporation which did not advertise in Florida and had minimal sales in Florida — Fact that defendant had a website did not show that defendant was directing its business activities toward Florida — Trial court erred in Read More »

Filed Under: Uncategorized

April 26, 2019 by Jennifer Kennedy

Civil procedure — Discovery — Forensic examination of defendants’ electronic data — Search terms — Portion of order setting forth protocol for forensic examination of electronic data of attorney defendants in action alleging malpractice and breach of fiduciary duties is quashed — Remand with directions to enter amended order limiting search terms to terms that will protect against disclosure of privileged or irrelevant information, without hindering forensic examiner’s ability to retrieve relevant, non-privileged information, if any

44 Fla. L. Weekly D1032b Civil procedure — Discovery — Forensic examination of defendants’ electronic data — Search terms — Portion of order setting forth protocol for forensic examination of electronic data of attorney defendants in action alleging malpractice and breach of fiduciary duties is quashed — Remand with directions to enter amended order limiting Read More »

Filed Under: Uncategorized

April 26, 2019 by Jennifer Kennedy

Torts — Premises liability — New trial — Comments in closing argument attacking plaintiff and plaintiff’s attorney by alleging that plaintiff participated in fraud and collusion evidenced by her employment with personal injury law firm that represented her — Trial court abused its discretion in ordering a new trial based on unobjected-to comments in closing argument without considering full four-part test set forth in supreme court’s opinion in Murphy v. International Robotic Systems — Even if trial court properly applied Murphy, record reflects that comments made during closing argument did not rise to fundamental error that would require new trial

44 Fla. L. Weekly D1026a Torts — Premises liability — New trial — Comments in closing argument attacking plaintiff and plaintiff’s attorney by alleging that plaintiff participated in fraud and collusion evidenced by her employment with personal injury law firm that represented her — Trial court abused its discretion in ordering a new trial based Read More »

Filed Under: Uncategorized

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