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Articles Posted in Civil Procedure

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Court Addresses Florida’s Evolving Summary Judgment Standard in Car Accident Lawsuit

Summary judgment is a crucial procedural tool that has many implications for Florida car accident plaintiffs. The summary judgment stage occurs before trial, during which time either party can ask the court to rule in their favor. Either party can use all of the evidence they obtained during the discovery…

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Florida’s First District Court of Appeal Reverses in Medical Negligence Suit

Given the different procedural and substantive rules that apply in medical negligence cases, distinguishing medical negligence from ordinary negligence is a fundamental issue in cases that possibly implicate medical negligence. Indeed, many attorneys are aware of the far more arduous standards that apply to medical negligence, and they will often try…

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South Florida Federal Court Denies Equitable Tolling in Cruise Ship Negligence Case

Cruises are intended to be memorable and fun. However, a frolic on the sea is not free of risk. Indeed, the facts of a recent decision from the United States District Court for the Southern District of Florida, Pettit v. Carnival Corp., show that sea voyages are not without potential…

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Florida’s Second District Court of Appeal Reverses and Compels Arbitration in Nursing Home Abuse Case

In light of Florida’s large elderly population, it’s not surprising that the Florida legislature has specifically passed legislation providing specific rights to those who reside in nursing homes. See §§ 400.022-.023, Fla. Stat. (2010). However, among the many rights encompassed in these provisions is not one assuring that these rights must…

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South Florida Federal District Court Denies Dismissal of Airline Negligence Suit

Can an airline be subject to negligence liability for denying boarding to a customer? Although it did not fully address this question, a recent decision from the United States District Court for the Southern District of Florida, Pipino v. Delta Air Lines, Inc., assures that we will get more discussion…

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Florida’s Second District Reverses Discovery of Military Records in Personal Injury Case

It is understood that bringing legal action will expose your personal life to some degree of outside scrutiny. Indeed, court records are, except in limited circumstances, made available to the public. Although the dockets in most cases aren’t particularly intriguing to third parties, many litigants are legitimately concerned about what…

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Second District of Florida Tackles Bar Fight Appeal

The phrase “premises liability” is generally associated with slip and falls or shoddy construction. However, premises liability can extend to a wide variety of other types of dangerous conditions. For instance, the Second District Court of Appeal recently rendered judgment in Grover v. Karl, which addressed whether a business owner…

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