Insights


Product Liability

Alvarez v. Cooper Tire Revisited: Substantial Similarity is Still Florida's Standard for Discovery of Information Regarding Other Products and Makes and Models

On December 1, 2010, a three judge panel of the Florida Fourth District Court of...

Product Liability

Potential Exposure Under Florida’s Evolving Joint and Several Liability Landscape

In 2006, The Florida Legislature amended Florida Statutes Section 768.81 and abolished joint and several...

Product Liability

Offensive Use of Preclusion Doctrines

Collateral estoppel, like the related doctrine of res judicata, preserves a party’s resources and furthers...

Casualty Litigation

Medicare Set Asides and Their Application to Liability Litigation

The Medicare Secondary Payor Act (“MSPA”) defines the federal government’s rights to recover benefits it...

Product Liability

Current Status of Chinese Drywall Litigation – The Defense of “I did not know”

Ever since the first complaint of Chinese Drywall reported to the Florida Department of Health...

Product Liability

New Discovery Ruling Encourages the use of the Discovery Process as a “Fishing Expedition” Against Product Manufacturers

Alvarez v. Cooper Tire is a relatively new opinion out of the Florida 4th DCA...

Product Liability

Market Share Liability

A plaintiff is master of his suit. With that, a plaintiff has the choice to...

Product Liability

Governor Scott Signs Bill 142: Good News For Automakers And Other Manufacturers

Before today, juries were not allowed by Florida law to consider all of the relevant facts...

Product Liability

Governor Scott Signs Bill 142 – Good News For Automakers And Other Manufacturers

Before today, juries were not allowed by Florida law to consider all of the relevant facts...

Product Liability

President Obama’s “Memorandum for the Heads of Executive Departments and Agencies” Another Nail in the Preemption Coffin

As discussed in the May 5, 2011 blog entry, the U.S. Supreme Court unanimously decided Williamson...