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  • Commentaries
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Florida Case Commentaries

Cost Recovery for Nuclear Power Plant Preconstruction: Southern Alliance for Clean Energy v. Art Graham

Cost Recovery for Nuclear Power Plant Preconstruction: Southern Alliance for Clean Energy v. Art Graham

Date: May 3, 2013
Cost Recovery for Nuclear Power Plant Preconstruction: Southern Alliance for Clean Energy v. Art Graham Introduction In Southern Alliance for Clean Energy (SACE) v. Art Graham, 113 So. 3d 742 (Fla....
Florida Supreme Court Affirms Death Sentence for Braddy Despite Alleged Prosecutorial Misconduct in Closing Arguments

Florida Supreme Court Affirms Death Sentence for Braddy Despite Alleged Prosecutorial Misconduct in Closing Arguments

Date: Apr 11, 2013
Florida Supreme Court Affirms Death Sentence for Braddy Despite Alleged Prosecutorial Misconduct in Closing Arguments Introduction In Harrel Franklin Braddy v. State of Florida, 111 So. 3d 810 (Fla....
Res Judicata Effect of Class Action Phase I Findings Affirmed in Philip Morris USA, Inc. v. Douglas

Res Judicata Effect of Class Action Phase I Findings Affirmed in Philip Morris USA, Inc. v. Douglas

Date: Mar 15, 2013
Res Judicata Effect of Class Action Phase I Findings Affirmed in Philip Morris USA, Inc. v. Douglas Introduction The case of Philip Morris USA, Inc., et al. v. James L. Douglas, etc. (110 So.3d 419)...
Affirmation of Denied Postconviction and Habeas Relief in DENNIS v. STATE: Standards for Ineffective Assistance of Counsel

Affirmation of Denied Postconviction and Habeas Relief in DENNIS v. STATE: Standards for Ineffective Assistance of Counsel

Date: Mar 9, 2013
Affirmation of Denied Postconviction and Habeas Relief in DENNIS v. STATE: Standards for Ineffective Assistance of Counsel Introduction DENNIS v. STATE (109 So. 3d 680, Supreme Court of Florida,...
Limiting the Economic Loss Rule to Products Liability: Insights from Tiara Condominium Association v. Marsh & McLennan Companies

Limiting the Economic Loss Rule to Products Liability: Insights from Tiara Condominium Association v. Marsh & McLennan Companies

Date: Mar 8, 2013
Limiting the Economic Loss Rule to Products Liability: Insights from Tiara Condominium Association v. Marsh & McLennan Companies Introduction The Supreme Court of Florida's decision in Tiara...
Fundamental Error in Jury Instructions: Revisiting Manslaughter by Act in Second-Degree Murder Convictions

Fundamental Error in Jury Instructions: Revisiting Manslaughter by Act in Second-Degree Murder Convictions

Date: Feb 15, 2013
Fundamental Error in Jury Instructions: Revisiting Manslaughter by Act in Second-Degree Murder Convictions Introduction In the landmark case of Jeremy HAYGOOD v. STATE of Florida (109 So. 3d 735),...
Inherent Authority Limitations in Voluntary Dismissals: Pino v. Bank of New York Mellon

Inherent Authority Limitations in Voluntary Dismissals: Pino v. Bank of New York Mellon

Date: Feb 8, 2013
Inherent Authority Limitations in Voluntary Dismissals: Pino v. Bank of New York Mellon Introduction Roman Pino, the petitioner, initiated a legal challenge against The Bank of New York Mellon, among...
Arbitration Provision and Fraud Claims: Jackson v. Shakespeare Foundation

Arbitration Provision and Fraud Claims: Jackson v. Shakespeare Foundation

Date: Feb 1, 2013
Arbitration Provision and Fraud Claims: Jackson v. Shakespeare Foundation Introduction In George Jackson, et al. v. The Shakespeare Foundation, Inc., et al., 108 So. 3d 587 (Fla. 2013), the Supreme...
Rebuttable Presumption in Rear-End Collision Cases Under Florida's Comparative Negligence System

Rebuttable Presumption in Rear-End Collision Cases Under Florida's Comparative Negligence System

Date: Jan 25, 2013
Rebuttable Presumption in Rear-End Collision Cases Under Florida's Comparative Negligence System Introduction The case of Warren A. Birge v. Crystal D. Charron, decided by the Supreme Court of...
New Precedent on Attorney's Fees and Offer of Judgment under FDUTPA: Diamond Aircraft Industries, Inc. v. Horowitch

New Precedent on Attorney's Fees and Offer of Judgment under FDUTPA: Diamond Aircraft Industries, Inc. v. Horowitch

Date: Jan 11, 2013
New Precedent on Attorney's Fees and Offer of Judgment under FDUTPA: Diamond Aircraft Industries, Inc. v. Horowitch Introduction Diamond Aircraft Industries, Inc. v. Alan Horowitch is a cornerstone...
Limitations on Interlocutory Review of Sovereign Immunity Claims: Citizens Property Insurance Corp. v. San Perdido Association

Limitations on Interlocutory Review of Sovereign Immunity Claims: Citizens Property Insurance Corp. v. San Perdido Association

Date: Nov 16, 2012
Limitations on Interlocutory Review of Sovereign Immunity Claims: Citizens Property Insurance Corp. v. San Perdido Association Introduction The case of Citizens Property Insurance Corporation v. San...
Strict Standards for Certiorari Relief in Discovery Orders: Insights from Board of Trustees v. American Educational Enterprises

Strict Standards for Certiorari Relief in Discovery Orders: Insights from Board of Trustees v. American Educational Enterprises

Date: Sep 28, 2012
Strict Standards for Certiorari Relief in Discovery Orders: Insights from Board of Trustees v. American Educational Enterprises Introduction The case of Board of Trustees of the Internal Improvement...
Unconstitutionality of Special Lien Laws: Shands v. Mercury Insurance Co. of Florida

Unconstitutionality of Special Lien Laws: Shands v. Mercury Insurance Co. of Florida

Date: Sep 5, 2012
Unconstitutionality of Special Lien Laws: Shands v. Mercury Insurance Co. of Florida Introduction The landmark case of Shands Teaching Hospital and Clinics, Inc. v. Mercury Insurance Company of...
Florida Supreme Court Upholds Strict Liability in Controlled Substance Offenses under Chapter 893

Florida Supreme Court Upholds Strict Liability in Controlled Substance Offenses under Chapter 893

Date: Jul 13, 2012
Florida Supreme Court Upholds Strict Liability in Controlled Substance Offenses under Chapter 893 Introduction The case of State of Florida v. Luke Jarrod Adkins (96 So. 3d 412) addresses the...
NORDELO v. STATE (93 So. 3d 178): Redefining Standards for Newly Discovered Evidence in Postconviction Relief

NORDELO v. STATE (93 So. 3d 178): Redefining Standards for Newly Discovered Evidence in Postconviction Relief

Date: Jun 8, 2012
NORDELO v. STATE (93 So. 3d 178): Redefining Standards for Newly Discovered Evidence in Postconviction Relief Introduction In NORDELO v. STATE, the Supreme Court of Florida addressed pivotal issues...
Florida Supreme Court Affirms Statutory First-Party Bad Faith Claims and Upholds Hurricane Deductible Enforcement

Florida Supreme Court Affirms Statutory First-Party Bad Faith Claims and Upholds Hurricane Deductible Enforcement

Date: Jun 1, 2012
Florida Supreme Court Affirms Statutory First-Party Bad Faith Claims and Upholds Hurricane Deductible Enforcement Introduction The case of QBE Insurance Corporation v. Chalfonte Condominium Apartment...
Expansion of Second-Tier Certiorari Jurisdiction in Florida's Implied Consent Cases

Expansion of Second-Tier Certiorari Jurisdiction in Florida's Implied Consent Cases

Date: May 5, 2012
Expansion of Second-Tier Certiorari Jurisdiction in Florida's Implied Consent Cases Introduction In the landmark case of Susan Nader v. Florida Department of Highway Safety and Motor Vehicles, the...
Establishing Standing in Mortgage Foreclosure: McLean v. JP Morgan Chase Bank

Establishing Standing in Mortgage Foreclosure: McLean v. JP Morgan Chase Bank

Date: Feb 9, 2012
Establishing Standing in Mortgage Foreclosure: McLean v. JP Morgan Chase Bank Introduction The case of Robert McLean v. JP Morgan Chase Bank National Association explores the critical issue of...
Broad Interpretation of Consent in Insurance Coverage: Geico Indemnity Co. v. Shazier

Broad Interpretation of Consent in Insurance Coverage: Geico Indemnity Co. v. Shazier

Date: Jan 24, 2012
Broad Interpretation of Consent in Insurance Coverage: Geico Indemnity Co. v. Shazier Introduction Geico Indemnity Co. v. Shazier is a landmark decision by the Supreme Court of Florida that redefines...
Amendment 7 Mandates Disclosure of Medical Credentialing Records: Insights from West Florida Regional Medical Center v. See

Amendment 7 Mandates Disclosure of Medical Credentialing Records: Insights from West Florida Regional Medical Center v. See

Date: Jan 13, 2012
Amendment 7 Mandates Disclosure of Medical Credentialing Records: Insights from West Florida Regional Medical Center v. See Introduction The case of West Florida Regional Medical Center, Inc., etc.,...
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