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Professional Liability

Failure to Warn: Fourth DCA Invalidates Entire Arbitration Provision for Failure to Satisfy Fee Dispute Rule

In Owens v. Corrigan,[1] the Fourth District Court of Appeal held that an arbitration provision...

Professional Liability

Florida Supreme Court Says Right to Privacy Survives Death and Prohibits Ex Parte Interviews in Medmal Actions

In the case of Weaver v. Myers, a sharply divided Florida Supreme Court recently struck...

Professional Liability

Ethical Considerations in Engaging and Working with Expert Witnesses

Originally published in the Alabama Defense Lawyers Association Journal, Fall 2017, Vol. 33, No. 2...

Professional Liability

Fifth DCA Reaffirms Protections Against Surprise Tactics at Trial

This past January, Florida’s Fifth District Court of Appeal found that a trial court had...

Professional Liability

When Does a Claim for Legal Malpractice Accrue in the Litigation Context?

The long understood rule of law in Florida is that a cause of action for...

Professional Liability

Florida Supreme Court Denies School District Immunity Under the Cardiac Arrest Survival Act for Failure to Use or Attempt to Use an Available Automatic Defibrillator

The Florida Supreme Court recently held that the Lee County School Board was not immune...

Casualty Litigation

Surveillance of the Incident: What Time Is the Right Time for Production?

Originally published in the Summer 2015 Issue of Trial Advocate Quarterly, attorneys Michael Forte and...

Professional Liability

Florida Professionals May Face Personal Liability For Profession Negligence Even Greater Than Their Employers

UPDATE JUNE 11, 2013 In apparent response to Witt, the Florida legislature has enacted Florida Statutes...

Professional Liability

Medical Malpractice Update: Doctor Patient Privilege After Hasan v. Garvar

In December, the Florida Supreme Court released its opinion in Hasan v. Garvar and reinforced...

Professional Liability

Are Sales People Responsible for Their Customers’ Injuries?

Published in Sales & Marketing Management Magazine, June 3, 2009 If a customer is injured...