On behalf of the Florida Defense Lawyers Association, Kansas Gooden and Kevin Franz filed an amicus brief in Baker v.Dottson-Pruett, Case No. 1D17-4048, in support of the Appellee insurance company. Dottson-Pruett’s insurance company provided a rental car […]
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In Philip Morris USA Inc. v. Brown, 1D15-2337 (Fla. 1st DCA April 18, 2018), the First District Court of Appeal recently resolved an appeal where the jury – after much deliberation – was instructed to stop deliberating […]
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The Second District Court of Appeal continued the recent trend of discouraging trial courts and counsel from nitpicking proposals for settlement to search for ambiguities in Bright House Networks, LLC v. Cassidy, et al., 43 Fla. L. […]
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Tovar v. Russell, 2018 Fla. App. LEXIS 2940 (Fla. 4th DCA 2018) concerned a pre-suit settlement offer and acceptance in an auto accident case. Plaintiff’s counsel offered to settle the matter if State Farm (1) tendered its […]
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As attorneys and claims representatives, we are always mindful of Proposals for Settlement. We often get questions concerning what is the last day the client can safely serve the Proposal. In Meyrowitz v. Schwartz, 2018 Fla. App. […]
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The Fourth DCA issued an opinion dealing with (1) the reliability prong of the Daubert analysis and (2) the enforceability of a proposal for settlement containing typographical errors.In Sanchez v. Cinque, Case No. 4D16-2530, a customer of […]
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The Second DCA recently issued an opinion concerning contingent fee multipliers. “In setting reasonable attorneys’ fees, Florida courts use the federal lodestar approach which requires a determination of the number of hours reasonably expended multiplied by the […]
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In Philip Morris USA Inc. v. Gore, Case No. 4D15-3892, the Fourth DCA recently issued an opinion on the preservation of error of Daubert challenges. In this wrongful death case, Plaintiff called an expert historian to testify […]
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The Florida Supreme Court heard arguments in DeLisle v. Crane on March 6, 2018 regarding the Daubert standard which is used in all federal and most state courts. Boyd & Jenerette Partner Kansas Gooden, is quoted in […]
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The Second District Court of Appeal recently issued an opinion, which examines when a filing constitutes “a statement of fact of death” under Florida Rule of Civil Procedure 1.260. That Rule provides that a motion for substitution […]
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