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 […]
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 […]
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 […]
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 […]