The Florida Supreme Court, in a decision reversing many earlier rulings, limited the economic loss rule to only cases involving products liability. Tiara Condominium Assn., Inc. v. Marsh & McLennan Cos., Case No. SC10-1022 (Fla. S. Ct. March 7, 2013)(available here). The … [Read more...] about Florida Supreme Court Abolishes Economic Loss Rule Except in Products Liability Cases
Florida Supreme Court Authorizes Defense Attorneys Fees Under FDUTPA
In a case certified by the federal appeals court, the Florida Supreme Court held that a prevailing defendant in a Florida Deceptive and Unfair Trade Practice Act (FDUTPA) lawsuit is entitled to attorney’s fees for the period prior to dismissal of the FDUTPA count. (Fla. Stat. § … [Read more...] about Florida Supreme Court Authorizes Defense Attorneys Fees Under FDUTPA
Mouthing Off: Florida Clarifies How Attorneys Can Be Liable for Defamation
Florida attorneys must think before they speak because the Florida Supreme Court has narrowed the protection afforded to attorneys who make allegedly defamatory statements while questioning a potential witness during an ex-parte out of court setting. The Court clarified that … [Read more...] about Mouthing Off: Florida Clarifies How Attorneys Can Be Liable for Defamation
Florida Law Prohibiting Loud Music From Cars Declared Unconstitutional Under First Amendment
The Freedom of Speech clause of the First Amendment was cited in declaring unconstitutional a Florida statute that made it unlawful for any person in a motor vehicle to produce sound from a soundmaking device (for example, a CD player) which is “plainly audible at a distance of … [Read more...] about Florida Law Prohibiting Loud Music From Cars Declared Unconstitutional Under First Amendment
Beware the Jabberwocky
Florida’s Long Arm Jurisdiction Drags Washington State Defamation Defendant into Florida Court When Allegations of Criminal Acts are Accessed by Floridians on the Defendant’s Website:The Florida Supreme Court, at the request of the regional Federal Circuit Court of Appeals … [Read more...] about Beware the Jabberwocky