Developments in the Law

The Florida Supreme Court Hears Argument on Evidentiary Standards for Expert Testimony

   On March 6, 2018, the Florida Supreme Court heard oral arguments in a much anticipated case on the evidentiary standard for expert testimony in Florida. The case is Richard Delisle v. Crane Company, SC16-2182, and it marked the first time the Co… Read More
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The Florida Supreme Court Finds External Peer Review Reports Are Discoverable Under Amendment 7

The Florida Supreme Court Finds External Peer Review Reports Are Discoverable Under Amendment 7 By: Kimberly Kanoff Berman, Esq.    In a 5-2 decision, the Florida Supreme Court has quashed the Second District Court of Appeal’s decision on th… Read More
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MSC and the Defense of Class Action and Complex Commercial Litigation

MSC has vast experience in the defense of class action lawsuits and commercial litigation.  For example, MSC has successfully defended national class actions for alleged violations of the Americans with Disability Act (“ADA”) by medical faciliti… Read More
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Claims and Defenses in Nursing Home Litigation

Claims against long-term care facilities in Florida can involve a variety of complex legal issues, however, such claims can also be aggressively prosecuted and aggressively defended with an understanding of the legal framework involved. For example,… Read More
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Taking the Cap Off: The Florida Supreme Court Strikes Medical Malpractice Cap in Personal Injury Suits

In a much anticipated 4-3 decision, the Florida Supreme Court has affirmed the Fourth District Court of Appeal’s decision in North Broward Hospital District v. Kalitan, 174 So. 3d 403 (Fla. 4th DCA 2014), holding that Florida’s cap on nonecon… Read More
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Categories: Medical Malpractice

Worley Limits Evidence of Potential Bias By Treating Physicians

In a disappointing decision for the defense bar, the Florida Supreme Court has quashed the decision of the Fifth District Court of Appeal in Worley v. Central Florida Young Men’s Christian Ass’n, Inc., 163 So. 3d 1240 (Fla. 5th DCA 2015);… Read More
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Categories: Civil Litigation

Skin in the Game: Clarifying Good Faith in the Negotiation of Consent Judgments May Help Carriers

It is a generally accepted principle of insurance coverage that when an insurer fails to defend its insured, the “abandoned” alleged tortfeasor may enter into a reasonable settlement agreement and then accept a covenant from the plaintiff not to… Read More
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Ambiguity in Proposals for Settlement May Result In Invalidation

     Proposals for Settlement (“PFS”) made pursuant to Florida Statute § 768.79 and Florida Rule of Civil Procedure 1.442, which provide for statutory fee-shifting of attorneys fees when a settlement offer is unreasonably rejected if certain… Read More
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Categories: Civil Litigation

The Power of Surveillance

Recently, Partner, Carmen Y. Cartaya and Associate, Michelle Hardin secured a voluntary dismissal (with prejudice) of a personal injury case set for trial, a result achieved by the effective use of video surveillance.  In the litigation, the plainti… Read More
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Categories: Medical Malpractice

Florida Supreme Court Refuses to Adopt Daubert as Rule of Procedure

          The Florida Supreme Court has rejected the Daubert Amendment to the extent that it is procedural. The Court cited “grave” constitutional concerns, such as undermining the right to a jury trial and denying access to courts, in d… Read More
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Categories: Medical Malpractice