41 Fla. L. Weekly S261aTop of Form Workers’ compensation — Temporary total disability — Section 440.15(2)(a), Florida Statutes (2009), which cuts off disability benefits after 104 weeks to a worker who is totally disabled but who has not yet reached maximum medical improvement, is unconstitutional as applied as a denial of access to courts — Read More »
Articles
Trial court did not abuse its discretion in excluding plaintiff’s expert’s causation opinion — 2013 amendment of statute on admission of expert testimony applies retroactively
41 Fla. L. Weekly D1308aTop of Form Torts — Evidence — Causation expert — Trial court did not abuse its discretion in excluding plaintiff’s expert’s causation opinion — 2013 amendment of statute on admission of expert testimony applies retroactively — Amendments to the statute are procedural and thus apply retroactively — Summary judgment for defendants Read More »
Mortgage foreclosure — Evidence — Hearsay — Business records exception — Statute allows for self-authentication of business records by means of a certification or declaration from the custodian of the records
41 Fla. L. Weekly D1257a Top of Form Mortgage foreclosure — Evidence — Hearsay — Business records exception — Statute allows for self-authentication of business records by means of a certification or declaration from the custodian of the records — Trial court abused discretion in sustaining objection to admissibility of certificate of authenticity of business Read More »
Defense counsel’s conference with sequestered defense expert regarding testimony of another expert was not ground for new trial where sequestered witness’s testimony did not substantially differ from what it would have been had the sequestration rule not been violated — Defense expert did not improperly testify to matters outside the scope of his CME report
41 Fla. L. Weekly D1315aTop of Form Torts — Automobile accident — New trial — Trial court abused discretion by granting plaintiff’s motion for new trial on grounds that defense violated sequestration rule and that defense expert witness violated court order that he not testify as to new opinions that were not included in his Read More »
Torts — Evidence — Causation expert — Trial court did not abuse its discretion in excluding plaintiff’s expert’s causation opinion — 2013 amendment of statute on admission of expert testimony applies retroactively
41 Fla. L. Weekly D1308aTop of Form Torts — Evidence — Causation expert — Trial court did not abuse its discretion in excluding plaintiff’s expert’s causation opinion — 2013 amendment of statute on admission of expert testimony applies retroactively — Amendments to the statute are procedural and thus apply retroactively — Summary judgment for defendants Read More »