[UPDATED THROUGH SEPTEMBER 21, 2016] What Rights Does an Online Publisher Have Regarding the Court’s Online Content? After the Court of Appeal affirmed the judgment in a civil action, the Supreme Court granted review on the following issues: (1) Does an on-line publisher have a right to notice and an opportunity to be heard before a … Continue Reading
[UPDATED THROUGH AUGUST 29, 2016] What Steps Are Required for a City to Approve a Development Plan on Coastal Property? After the Fourth District, division 3, Court of Appeal reversed an administrative mandamus judgment disapproving of some actions by the City, the Supreme Court granted review on the following issues: (1) Did the City’s approval … Continue Reading
[UPDATED THROUGH OCTOBER 6, 2016] Which Statute of Limitations Controls for an Alleged Toxic Exposure before Birth? After the Court of Appeal affirmed summary judgment for defendant, the Supreme Court granted review on the following issue: Does the six-year limitations period in C.C.P. § 340.4, which governs actions based on birth and pre-birth injuries and is not … Continue Reading
[UPDATED THROUGH SEPTEBMER 29, 2016] Can You Appeal a Claim That Was Dismissed Without Prejudice With a Waiver of the Statute of Limitations? After the Court of Appeal dismissed an appeal as being untimely and from a nonfinal judgment, the Supreme Court granted review on the issue of whether plaintiff can take an appeal regarding causes … Continue Reading
[UPDATED THROUGH OCTOBER 5, 2016] When Is an Agency Agreement a Public or Legislative Issue for Purposes of a Motion to Strike? After the Court of Appeal reversed an order granting a special motion to strike in a civil action, the Supreme Court limited review to the following issues: (1) Did plaintiffs’ causes of action alleging … Continue Reading
[UPDATED THROUGH SEPTEMBER 8, 2016] What Are the Liability Limits of a Brand Name Manufacturer? After the Court of Appeal reversed to allow plaintiff to file an amended complaint after the demurrer was sustained, the Supreme Court granted review on the following issue: May the brand name manufacturer of a pharmaceutical drug that divested all ownership … Continue Reading
[UPDATED THROUGH SEPTEMBER 8, 2016] What Interest Does a Dissolved Law Firm have in an Ongoing Legal Matter Which Was Handled on an Hourly Basis? Following a request by the U.S. Court of Appeals for the Ninth Circuit under California Rules of Court, rule 8.548, the Supreme Court granted review on this issue: Under California law, … Continue Reading
[UPDATED THROUGH SEPTEMBER 14, 2016] Can Non-Legislative Policy Statements Support Overturning an Arbitration Award? After the Court of Appeal reversed the judgment which confirmed an arbitration award upholding the engagement agreement and finding that counsel was entitled to all of its fees, the Supreme Court granted review on the following issues: (1) May a court … Continue Reading
[UPDATED THROUGH SEPTEMBER 21, 2016] Does an Abutting Owner Have a Duty to Provide Safe Passage Across a Public Street? After the Court of Appeal reversed the judgment in a civil action, the Supreme Court granted review on the following issue: Does one who owns, possesses, or controls premises abutting a public street have a duty … Continue Reading
UPDATED THROUGH OCTOBER 12, 2016] How Is a Covered Loss Divided Between Two Primary Insurers When One Has “Other Insurance” and “Limits Reductions” Clauses? The Supreme Court certified review following a request under California Rules of Court, rule 8.548, by the U.S. Court of Appeals for the Second Circuit. The Supreme Court initially ordered briefing deferred pending a … Continue Reading
[UPDATED THROUGH SEPTEMBER 29, 2016] When Are Substitute Teachers Entitles to Unemployment Benefits? After the Court of Appeal affirmed the judgment in an action for writ of administrative mandate, the Supreme Court granted review on the following issue: Are substitute teachers and other on-call paraprofessional employees entitled to unemployment insurance benefits when they are not … Continue Reading
UPDATED THROUGH March 30, 2017 Medical Malpractice – Presuit Requirements. [1] Is a trial court’s determination that a plaintiffs’ corroborating presuit expert does not meet the statutory requirements reviewed for an abuse of discretion or under a de novo standard of review? [2] In analyzing purported presuit discovery violations, is an appellate court required to … Continue Reading
UPDATED THROUGH March 30, 2017 Foreclosure – Statute of Limitations. Certified Conflict: Can a foreclosure action, which is governed by a five-year statute of limitations, be based on payment defaults older than five years when the complaint alleges that the borrower was in a continuing state of default? Bollettieri Resort Villas Condo. Ass’n v. The … Continue Reading
UPDATED THROUGH March 30, 2017 Meaning of “Suit” in CGL Policies – Chapter 558 Notices. Question Certified by the Eleventh Circuit Court of Appeals: “Is the notice and repair process set forth in Chapter 558 of the Florida Statutes a ‘suit’ within the meaning of the CGL policies issued by C&F to ACI?” Altman Contractors, … Continue Reading
UPDATED THROUGH March 30, 2017 Ad Valorem Tax Exemption – City Marina. Certified Question: In light of Florida Department of Revenue v. City of Gainesville, 918 So. 2d 250 (Fla. 2005), does a municipally owned and operated marina still qualify as a traditionally exempt “municipal or public purpose” under Article VII, Section 3(a) of the … Continue Reading
UPDATED THROUGH March 30, 2017 Right to Marry – Ward. Certified Question: Where the fundamental right to marry has not been removed from a ward under section 744.3215(2)(a), Florida Statutes, does the statute require the ward to obtain approval from the court prior to exercising the right to marry, without which approval the marriage is … Continue Reading
UPDATED THROUGH May 16, 2016 … Continue Reading
UPDATED THROUGH May 16, 2016 … Continue Reading
UPDATED THROUGH May 16, 2016 … Continue Reading
UPDATED THROUGH March 10, 2017 Non-Compete Covenants – Referral Sources. Certified Conflict: Are referral sources for patients in the health care industry “legitimate business interests” protectable by employers through non-compete covenants pursuant to section 542.335, Florida Statutes? Americare Home Therapy, Inc. v. Hiles, No. SC16-400 (review granted July 8, 2016). DCA decision: 183 So. 3d … Continue Reading
UPDATED THROUGH March 30, 2017 Proposal for Settlement – Time for Rejection. Conflict Certified: Does the filing of a motion to enlarge the time to accept a proposal for settlement toll the 30-day period provided for in Rule 1.442(f)(1) for accepting a proposal? Koppel v. Ochoa, No. SC16-1474 (review granted Nov. 9, 2016). DCA decision: … Continue Reading
UPDATED AS OF March 30, 2015 There are no cases to report on at this time.… Continue Reading
UPDATED THROUGH March 10, 2017 57.105 Fees – Actions Under § 784.046. Conflict Certified: Is an award of attorneys’ fees pursuant to § 57.105 allowed in an action under § 784.046 [injunction for protection against violence]? Lopez v. Hall, No. SC16-1921 (review granted Jan. 23, 2017). DCA decision: No. 1D15-0531, 2016 WL4036093 (Fla. 1st DCA … Continue Reading
UPDATED THROUGH March 30, 2017… Continue Reading
