39 Fla. L. Weekly D556a Torts — Civil procedure — Summary judgment — Discovery pending — Entry of summary judgment in favor of defendant was premature where plaintiff’s counsel was still seeking to depose witness whose identity was not revealed by defendant until defendant filed its motion for summary judgment — Although non-moving party cannot […]
Articles
Trial court properly ordered plaintiff’s law firm to disclose its financial relationship with treating physician
39 Fla. L. Weekly D495b Torts — Automobile accident — Discovery — Law firm’s financial relationship with plaintiff’s treating physician — Trial court did not depart from essential requirements of law by ordering law firm to provide list of payments made to plaintiff’s treating physician over last 3 years LYTAL, REITER, SMITH, IVEY & FRONRATH, […]
Supreme Court determines statutory cap on noneconomic damages in medical malpractice wrongful death actions unconstitutional
39 Fla. L. Weekly S104a Wrongful death — Medical malpractice — Noneconomic damages — Statutory cap on wrongful death medical malpractice noneconomic damages violates the Equal Protection Clause of the Florida Constitution ESTATE OF MICHELLE EVETTE MCCALL, et al., Petitioners, v. UNITED STATES OF AMERICA, Respondent. Supreme Court of Florida. Case No. SC11-1148. March 13, […]
Offer of Judgment offering to pay plaintiff $100 to settle “payable within ten days of entry of the Order of Dismissal with Prejudce” deemed not ambiguous
39 Fla. L. Weekly D498a Attorney’s fees — Proposal for settlement — Ambiguities — Defendant’s proposal which offers to pay plaintiff $100 to settle action “payable within ten (10) days of entry of the Order of Dismissal with Prejudice,” is not ambiguous — If plaintiff had accepted proposal and defendant had failed to pay the […]
Trial Court properly denied motion for fees under 627.428 where the insurer did not wrongfully force insureds into litigation
39 Fla. L. Weekly D487a Insurance — Attorney’s fees — Trial court properly denied attorney’s fees and costs where insurer did not wrongfully cause insureds to resort to litigation ANA VIVAS, et al., Appellants, vs. STATE FARM FLORIDA INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D13-465. L.T. Case No. 12-4350. Opinion filed March 5, 2014. […]