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Florida Supreme Court

Florida Supreme Court Invalidates Asbestos Litigation Fix

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

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 Renders Pollution Liability Decision

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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