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Florida Appeals Court Certifies Engle Question To State Supreme Court

TAMPA, Fla. - The Second District Florida Court of Appeal on March 30 affirmed a $2.5 million verdict in a smoking wrongful death case but certified a question about the constitutionality of the preclusionary elements of Engle v. Liggett Group, Inc. ...read more

Florida Appeals Court Vacates $79.2M Verdict In Tobacco Death Case

TALLAHASSEE, Fla. - A $79.2 million verdict on behalf of the daughter of a smoker who died from lung cancer was vacated as excessive on April 9 by the First District Florida Court of Appeal ( R.J. Reynolds Tobacco Company, v. Diane Webb, , No. 10-6557 ...read more

Florida Appeals Panel: Claims Against Heating Subcontractors Are Time-Barred

TALLAHASSEE, Fla. - A split First District Florida Court of Appeal panel on April 17 granted summary judgment to a pair of defendants in a construction defects action, concluding that the plaintiffs' claims for a faulty heating and air conditioning ...read more

Drywall Companies Continue To Remediate Homes Affected By Defective Product

NEW ORLEANS - Parties in the Chinese drywall multidistrict litigation provided a progress update on April 24 regarding a program to remediate homes in Alabama, Mississippi, Louisiana and Florida affected by defective drywall (In re: Chinese-Manufactured ...read more

Florida Panel Reverses, Remands $6.25M Judgment Against Insurer

TALLAHASSEE, Fla. - A Florida appeals panel on May 24 reversed and remanded a $6.25 million judgment against an insurer in a coverage dispute arising from a teenager's alleged injury at a fundraiser ( Interstate Fire & Casualty Company v. Tatiana ...read more

Florida Jury Apportions $54.9 Million In Punitives Among 4 Tobacco Firms

FORT LAUDERDALE, Fla. - A Florida jury apportioned $54.9 million in punitive damages among the nation's four largest tobacco companies on May 31 in an Engle progeny case over the death of a cement worker who smoked as many as three packs of cigarettes ...read more

Florida Appeals Panel Reverses Decision To Apportion Settlement Proceeds

DAYTONA BEACH, Fla. - A Fifth District Florida Court of Appeal panel on June 1overturned a decision to apportion 100 percent of a medical malpractice settlement to the mother of a teenager who died at a hospital, concluding that the girl's father ...read more

Florida Appeals Court Affirms Defense Verdict In Medical Malpractice Case

WEST PALM BEACH, Fla. - The Fourth District Florida Court of Appeal on June 27 upheld a defense verdict in a medical malpractice action, finding no errors in the jury's conclusion that a doctor was not liable for a man's paralysis by misdiagnosing ...read more

Mealey's Drug and Device Bulletin: Roche Wins Two Accutane Cases but Faces $18 Million Verdict in Two Others

ATLANTIC CITY, N.J. - A New Jersey state court jury on June 29 issued a split decision in four Accutane injury cases, finding in two that defendant Hoffman-La Roche's failure to adequately warn of the risk of inflammatory bowel disease (IBD) did not ...read more

Florida Appeals Panel: Dangerous Condition May Have Existed At Dollar Tree Store

WEST PALM BEACH, Fla. - The Fourth District Florida Court of Appeal on July 11 overturned summary judgment for a retailer named as the defendant in a trip-and-fall injury action, ruling that questions remained regarding whether the defendant negligently ...read more

Florida Appeals Panel: New Trial Inappropriate; Accident Injury Verdict Stands

WEST PALM BEACH, Fla. - A Florida Court of Appeal panel on Aug. 1 overturned a trial court decision to grant a new trial in an automobile accident action, ruling that it was an error to find that the jury was misled by instructions it was given before ...read more

Florida Federal Judge: New Trial Not Necessary For Defective Water Reservoir Case

TAMPA, Fla. - A federal judge in Florida on Aug. 3 denied a motion for a new trial filed after a defense verdict was reached in a construction defects case involving an allegedly defectively designed water reservoir, concluding that the jury's verdict ...read more

Reference To Nazi Gets Judge Booted From Florida Tobacco Trial

TALLAHASSEE, Fla. - A Florida judge who compared a former tobacco company chief executive officer to a Nazi war criminal was disqualified by the state's First District Court of Appeal on Sept. 5 from presiding over a tobacco case (Philip Morris USA ...read more

Florida Appeals Panel Orders New Trial On Damages In Wal-Mart Injury Action

WEST PALM BEACH, Fla. - A Florida Court of Appeal panel on Sept. 5 overturned a decision to deny a new trial to the plaintiff in a premises liability action, determining that comments made by defense counsel during closing arguments amounted to reversible ...read more

Florida Appeals Panel Strikes Punitive Damages Over Defense Limitation

WEST PALM BEACH, Fla. - Saying a trial court should have allowed Philip Morris USA Inc. to argue that a plaintiff's conspiracy claim supporting punitive damages was untimely, Florida's Fourth District Court of Appeal on Nov. 28 reversed a $16 ...read more

Florida Appeals Court: Cost Determination Needed In Construction Contract Case

LAKELAND, Fla. - The Second District Florida Court of Appeal on Nov. 28 remanded a construction contract case to the trial court to determine the proper amount of fees and costs due to both the plaintiffs and defendant ( Richard O. Wolfe II, et al. v ...read more

Pollution Exclusion Bars Coverage For Defective Drywall, 11th Circuit Affirms

ATLANTA - The 11th Circuit U.S. Court of Appeals on Jan. 3 affirmed that insurers have no duty to defend or indemnify insureds for property damage caused by defective Chinese drywall because the policies' total pollution exclusion clearly precludes ...read more

Florida Appeals Panel: Trial Court Erred By Dismissing Wrongful Death Case

DAYTONA BEACH, Fla. - The Fifth District Florida Court of Appeal on Jan. 11 revived wrongful death claims involving a pregnant woman who died while in a mental health center, concluding that the trial court erred by ruling that the plaintiff failed to ...read more

Florida Appeals Panel: Townhouse Owners' Defect Claims Must Be Arbitrated

LAKELAND, Fla. - The Second District Florida Court of Appeal on Jan. 16 overturned a trial court's decision to deny a motion to compel arbitration in a construction defects action, concluding that a townhouse owner's association had an obligation ...read more

Florida Federal Judge Allows Law Firm's Withdrawal, Sets Expedited August Trial

TAMPA, Fla. - A Florida federal judge on Feb. 26 granted in part a couple's motion for an expedited trial in an asbestos exposure suit after earlier denying a motion arguing that the withdrawal of Union Carbide Corp.'s law firm would delay proceedings ...read more

Florida Appeals Panel: No New Trial Necessary For Slip-And-Fall Action

LAKELAND, Fla. - The Second District Florida Court of Appeal on Feb. 27 reversed a trial court's decision to grant a new trial to the plaintiff in a premises liability case based on comments made by the defendant's attorney and remanded the action ...read more

Trasylol MDL Judge Sets Final Hearing As Litigation Nears Conclusion

WEST PALM BEACH, Fla. - The Florida federal judge overseeing the Trasylol multidistrict litigation conducted a final hearing April 9, saying a review of the docket indicates that the MDL is nearing conclusion (In Re: Trasylol Products Liability Litigation ...read more

Florida Condo Owners Seek Approval To Create Defective Drywall Settlement Fund

NEW ORLEANS - A group of Florida condo owners filed a motion in a Louisiana federal court on April 15 seeking approval of the creation of a settlement fund to cover remediation costs of units affected by defective drywall (In re: Chinese-Manufactured ...read more

Florida Appeals Panel: New Trial Necessary For Construction Contract Case

WEST PALM BEACH, Fla. - The Fourth District Florida Court of Appeal on April 24 remanded a construction contract dispute to the trial court for a new trial on damages and a determination of the correct amount of a construction lien (Christos N. Kritikos ...read more

Florida Appeals Panel: Judge Improperly Dropped Claims Against Hospital

LAKELAND, Fla. - The Second District Florida Court of Appeal on May 3 overturned summary judgment for a hospital named as the defendant in a medical malpractice case, concluding that a decision whether the hospital can be held liable for the actions of ...read more