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Florida Supreme Court Archives

Florida Supreme Court: Attorney-Client Privilege

The Florida Supreme Court is set to consider how far defendants in personal injury suits can pry into possible referral relationships between doctors and attorneys, a move that defense attorneys say is necessary to peel back inflated costs for medical care in these cases. They agreed to hear the appeal after Worley made a valid argument that there was a conflict regarding whether a plaintiff must provide the production of information protected by attorney-client privilege.

Florida Supreme Court: Insurance Companies And Personal Injury Claims

Recently, the Florida Supreme Court held against insurance companies that delay, deny and assess legitimate claims with low values in the recent decision, Fridman v. Safeco Ins. Co., No. SC13-1607, __ So.3d __, 2016 WL 743258, 41 Fla. L. Wkly. S62 (Fla. 2016) .

Florida Supreme Court: Collateral Source Rule & Medicare

Are Medicare benefits a collateral source that a jury should consider when determining future damages? The Florida Supreme Court said NO in Joerg v. State Farm. John Joerg, Jr., etc. et. al v. State Farm Mutual Insurance Co. (October 15, 2015).

Equitable Subrogation Dispute Sent To Florida Supreme Court

Last week, an appellate court asked the Florida Supreme Court to review its decision that Allstate and their policyholder who was found responsible in an underlying personal injury action have the right to seek payment from a group of medical care providers who allegedly made the man's auto injuries worse. The Brevard County case involved an accident in which Benjamin Edward Hintz was riding a scooter and was struck by a car driven by Emily Boozer, whose father owned the car and was an Allstate policyholder. That led to a lawsuit in which the Boozers were found liable for nearly $11.2 million, with Allstate paying its policy limit of $1.1 million.

Florida Supreme Court: Family Of Former Athlete Can Sue The School

The Florida Supreme Court recently handed down a decision that I expect will change how school districts handle school sports. Parents of a former high school student who suffered ventricular fibrillation during a soccer game on a school field can now sue the school district for failure to use an automated external defibrillator (AED) on him. This is a change in Florida law since courts had already recognized that Florida law did not require the coaches and other school employees to do so. This reversal of Florida law provides an avenue for this family to sue, but it also exposes Florida public schools to financial liability far greater than they faced yesterday. What this means for the future of youth sports in Florida is anyone's guess.

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