News
Florida capital briefs: Supreme court rules against hospital on documents
The Florida Supreme Court today rejected arguments by a Pensacola hospital in a legal battle about turning over documents to an injured woman’s attorneys.
Supreme Court Decides Governor’s Rulemaking Authority
Governor Rick Scott issued Executive Order 11-01 as his first official act upon taking office earlier this year. The executive order directed all state agencies under the Governor’s control to suspend rulemaking and not to proceed with administrative rules until approved by a new Office of Fiscal Accountability and Regulatory Reform. The executive order also …
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Florida Supreme Court Invalidates Asbestos Litigation Fix
The Florida Supreme Court in American Optical Corporation v. Spiewak has invalidated legislation enacted by the legislature in 2005 designed to reduce asbestos related litigation in Florida. The legislature enacted the Asbestos and Silica Compensation Fairness Act to make significant changes to the cause of action for damages relating to exposure to asbestos. The Fourth …
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11th Circuit Reviews Florida Medical Malpractice Cap
The United States Court of Appeals for the 11th Circuit has determined that Florida’s cap on noneconomic medical malpractice damages (Section 766.118, Florida Statutes) passes constitutional muster under the Equal Protection Clause and Takings Clause of the U.S. Constitution as well as the Takings Clause of the Florida Constitution. However, the 11th Circuit has certified …
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Florida Supreme Court keeps three amendments from ballot
TALLAHASSEE — The November ballot just got less crowded. The state Supreme Court on Tuesday affirmed lower court rulings to strike three ballot amendments proposed by the Legislature concerning redistricting, the new federal health care law and property taxes.
Florida Supreme Court Renders Pollution Liability Decision
The Florida Supreme Court on June 17, 2010, rendered a decision in Curd v. Mosaic Fertilizer, LLC, — So.3d –, 2010 WL 2400382 (Fla.), relating to liability for damages arising from the release of pollutants. In the case, the Court considered the following two questions certified to it by the Second District Court of Appeal …
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Justices get rental car liability case
By BILL KACZOR – Associated Press Writer TALLAHASSEE — An accident victim’s lawyer Thursday urged the state Supreme Court to rule that rental car companies can be held liable for damages in an accident they did not cause in Florida, even though a new federal law is designed to shield the companies. The legal concept …
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Commercial General Liability Policy Covers 'Blast' Faxes: Florida Court
February 2, 2010 Commercial general liability (CGL) insurance policies generally cover liability for unsolicited “blast faxes” that violate federal law, a Florida court has ruled. The Supreme Court of Florida issued its ruling Jan. 28 in a case involving a CGL policy provision on advertising injuries and the Telephone Consumer Protection Act (TCPA). As a …
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