In this dental malpractice case, the trial court denied the defendant’s motion for protective order requesting non-disclosure of work-product and attorney-client documents sent to a testifying expert. The plaintiff claimed that the defendant waived any privilege when his counsel sent the documents to the expert. The defendant claimed that no waiver occurred because the expert never read the… Read more
In this case, there were two defendants. One defendant served an offer of judgment requesting a dismissal of both defendants in return for $5,000. The offer did not apportion the $5,000 offer between the two defendants. Defendants prevailed, and the trial court awarded attorneys’ fees. The Fourth District affirmed the fee award, holding that the offer… Read more
In today’s New York Times, Adam Liptak discusses a quick but quiet revolution in the Federal Rules of Civil Procedure that may apply to the identically worded Florida Rule 1.110(b): “For more than half a century, it has been clear that all a plaintiff had to do to start a lawsuit was to file what the… Read more
In a medical malpractice case, a defendant medical center obtained a summary judgment based upon a pre-surgery consent form that the plaintiff had signed. The appellate court reversed because the defendant did not provide a sufficient business record foundation for the form. The defendant would be permitted to attempt to establish a sufficient foundation on remand, however. Ginsberg… Read more
This opinion addressed the enforceability of an offer of judgment and whether it was ambiguous. The body of the offer listed two defendants, but the offer stated that payment would be made by only one defendant. Despite the discrepancy, the court found the offer of judgment to be unambiguous and therefore enforceable. EASTERN ATLANTIC REALTY… Read more
A motion for clerk’s default should be set aside where plaintiff’s counsel, as a result of related litigation, had reason to know that defendant wished to respond to lawsuit As such, defendant was not required to show meritorious defense or excusable neglect. Makes & Models Magazines, Inc. v. Web Offset Printing Co., Inc., 34 Fla. L.… Read more