Civil Litigation
Please select a topic from the drop down list
Total Experts Cases: 20
Henderson v. Idowu
27 Fla. L. Weekly D2271 (Fla. 4th DCA October 25, 2002)
2002-10-25
EXPERTS
Where a party signed an arbitration agreement with an employer and that agreement covers disputes with the employer and all employees which relate in any way to employment or termination of employment, a former supervisor is considered a third party beneficiary of the agreement because he or she falls into the class of
Read More
Trial court erred by entering final summary judgment in favor of Wal-Mart in a slip-and-fall case where the record contained sufficient evidence of a dangerous condition to create genuine issues as to material facts regarding both whether a dangerous condition existed and whether Wal-Mart had constructive notice of the dangerous condition.
Read More
Martinez v. Iturbe
27 Fla. L. Weekly D1793 (Fla. 3rd DCA August 16, 2002)
2002-08-16
EXPERTS
A Florida Insurance Guaranty Act (FIGA) stay under
Read More
An insured may sue an insurer for failure to pay for medical expenses that an insured believes are reasonable. However, the insured has the burden of establishing the reasonableness of the charges. In some cases, a computer database may accurately assess the reasonableness of a medical provider
Read More
Documents were deemed discoverable even though the documents were from an unrelated case, were under seal and subject to a confidentiality agreement. The confidentiality agreement provided the documents could be unsealed if so ordered by any court and the Fifth District Court of Appeal held that the Florida court order was sufficient to compel production of the California documents.
Read More
The general rule in breach of contract cases is that the
Read More
OSHRC
Read More
The trial court erred in ordering a non-party to produce discovery without first holding a hearing for inspection of which documents would be pertinent to the litigation and determination as to whether the documents' disclosure violated the non-party's privacy rights. The court also found it troubling that counsel admitted that the request for discovery was overly broad and that he may not want 90% of the documents requested.
Read More
The trial court did not err in allowing fees expert testimony where the sufficiency of the expert
Read More
The court held as a general rule that disqualification of counsel under Disciplinary Rule 4-4.2 is extraordinary relief and is not presumptively required. Furthermore, violations should be remedied in less drastic ways and disqualification
Read More
In cases involving equitable estoppel, the burden is on the party raising the claim to prove the three elements by clear and convincing evidence. Reliance cannot be claimed when the party asserting equitable estoppel knows the opposing party is mistaken, even when the opposing party was given notice of the error and failed to correct it. Furthermore, a claim of detrimental change in position cannot be claimed when the only harm was spending money that never should have been received in the first place.
Read More
Respondents filed a personal injury suit against the insured. The insurer, Allstate, provided insurance coverage and defense to the parties allegedly at fault. Respondents then issued a subpoena directly to the insurer seeking extensive discovery including a privilege log. Pursuant to Florida Rule of Civil Procedure 1.280(b)(5), the trial court ordered the insurer to produce the requested discovery. However, on appeal, the Third District Court of Appeal found that Fla. R. Civ. P. 1.280(b)(5) applied only to parties to an action. As the insurer was not a party to the litigation and the rule did not apply to non-parties, the insurer could not be made to produce its claim file or prepare a privilege log.
Read More
Gauer v. Sarkar
27 Fla. L. Weekly D18 (Fla. 5th DCA Dec. 21, 2001)
2001-12-21
EXPERTS
An expert
Read More
Florida recognizes the existence of the Frye test in order to guarantee the reliability of new or novel scientific evidence.
Read More
Plaintiff
Read More
The trial court erred in striking plaintiff
Read More
There was no abuse of discretion in excluding defendant
Read More
Rule 1.360 commits the plaintiff to discovery of consulting experts who have examined the plaintiff concerning the same condition if plaintiff
Read More
An independent medical examination report prepared for the purpose of litigation lacks the trustworthiness presumed to be held by business records, and is, therefore, inadmissible under the business records exception.
When a record is made for the purpose of litigation, its trustworthiness is suspect and it should be closely scrutinized. Most of the time, the report of an expert made for the purpose of litigation is not admissible under Section 90.803(6), Florida Statutes. Thus, a trial court may exclude evidence meeting the liberal requirements of the business record exception, where the underlying circumstances indicate a lack of trustworthiness presumed with most business records.
Read More
Defendants
Read More
