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Category Archives: Florida Courts

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Florida Medical Malpractice Non-economic Damage Caps: Before and After Kalitan

Posted in Florida Courts, Insurance Litigation, Litigation Trends, Medical Malpractice

No, this is not déjà vu. On June 8, 2017, the Supreme Court of Florida struck down another legislative mechanism to limit damages in personal injury cases. In North Broward Hospital District v. Kalitan, the Supreme Court decided that non-economic damage caps on medical malpractice actions violate the Equal Protection Clause of the Florida Constitution…. Continue Reading

Recent Appellate Court Ruling Extends the Application of the Common Law Marriage Before Injury Rule to Apply in Florida’s Wrongful Death Claims

Posted in Asbestos Litigation, Complex Torts, Florida Courts, Litigation Trends, Products Liability, Toxic Tort

In a 2-1 opinion, the Fourth District Court of Appeal continued to apply the law which bars marrying into a cause of action, but a strong dissenting opinion and noted public policy concerns could trigger further review. In Florida, as in various other jurisdictions, the courts follow the common law marriage before injury rule. This… Continue Reading