Last year, we posted about the Supreme Court of Florida’s decision in Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014), which held that caps on noneconomic damages in wrongful death medical negligence cases were unconstitutional under the equal protection clause of the Florida Constitution. In a…
Typically, the thought of conceding liability in a negligence suit runs counter to conventional legal strategy. In fact, attorneys often spend considerable time trying to counteract even banal admissions that occur prior to formal litigation that could be construed as declarations of liability. However, a recent case coming from Florida’s…
After months of anticipation, the Supreme Court of Florida has issued its much-awaited decision in Estate of McCall v. United States of America. In a heavily divided opinion that spans nearly 100 pages, the majority of the court held that Florida’s statutorily imposed caps on wrongful death non-economic damages in…
Fewer than five months after its formative opinion in McCall v. United States, the Supreme Court of Florida will once again examine the legality of Florida’s statutory caps on noneconomic damages in medical negligence suits. On June 4, the court will hear the oral argument in Miles v. Weingrad, which raises…