BREAKING NEWS: Florida Supreme Court Holds Med Mal Personal Injury Caps Unconstitutional

In a 4-to-3 ruling, the Florida Supreme Court today affirmed the decision of the Fourth District Court of Appeal that the Florida statute establishing caps on noneconomic damages in medical malpractice personal injury cases is unconstitutional. In its ruling, the Court wrote: [T]he caps on noneconomic damages in sections 766.118(2) and (3) arbitrarily reduce damage…

BREAKING NEWS: Florida Supreme Court declines to adopt Daubert or “Same Specialty” as Rules

In a major victory for civil justice advocates, the Florida Supreme Court has declined to adopt, to the extent they are procedural, the changes to the Florida Evidence Code and statutes created by the 2013 passage of the Daubert and “Same Specialty” legislation. In its declination of both Daubert and “Same Specialty” the Court wrote:…

Florida Legal Updates – January

Compiled by Don Freeman, FJA Legislative Analyst St. Joseph’s Hospital, Inc. v. Jane Doe Opinion from the Second DCA filed January 13, 2017 Appellant claimed she was sexually assaulted by an employee of St. Joseph’s while a patient in its mental health unit. Count one of the complaint alleged negligence for failing to prevent the…