An employer can be liable for the actions of its employees, even if committed outside the course and scope of the employment. The two causes of action are negligent hiring
Continue Reading Employers Beware
Punitive Damages – Always Require Culpability
I previously blogged on the standard for punitive damages in Florida. To be entitled to an award of punitive damages, a plaintiff must show that the defendant’s conduct rises
Continue Reading Punitive Damages – Always Require Culpability
Undue Influence – The Carpenter’s Exception in Will Contests
In a proceeding contesting the validity of a will, the proponent of the will only has the burden to establish that the will was executed with the required formalities. The
Continue Reading Undue Influence – The Carpenter’s Exception in Will Contests
The Intra-Corporate Conspiracy Doctrine in Florida
A conspiracy requires the combination of two or more persons. To state a claim for civil conspiracy, a plaintiff must show:
- An agreement between two or more parties,
- To
Continue Reading The Intra-Corporate Conspiracy Doctrine in Florida
Broken Promises: Not Actionable Fraud in Florida
I previously blogged on the continuing existence of the independent tort doctrine in Florida. In lawsuits between parties who bargained for their remedies in a contract, the independent tort doctrine
Continue Reading Broken Promises: Not Actionable Fraud in Florida
The Alter-Ego of a Corporation: Piercing the Corporate Veil
A corporation is a legal entity separate and distinct from its shareholders. The corporate form generally shields shareholders from personal liability for the corporation’s debts.
Continue Reading The Alter-Ego of a Corporation: Piercing the Corporate Veil
Spolier Alert Part II: Federal Courts
I previously blogged on the spoliation of evidence in Florida courts. In federal cases, federal law governs the imposition of sanctions for spoliation of evidence. Federal courts may consider
Continue Reading Spolier Alert Part II: Federal Courts
The Fall of the Economic Loss Rule and Rise of the Independent Tort Doctrine
In Florida, the economic loss rule previously prevented parties who allocated their risks and remedies in a contract from bringing a tort action. For many years, the economic loss rule
Continue Reading The Fall of the Economic Loss Rule and Rise of the Independent Tort Doctrine
Establishing Entitlement to Punitive Damages: The Not So Puny Standard
Punitive damages may be awarded in civil actions as a form of punishment to deter others from engaging in
Continue Reading Establishing Entitlement to Punitive Damages: The Not So Puny Standard
Spolier Alert – Duty to Preserve Evidence
In Florida, the duty to preserve evidence relevant to a case may arise long before a complaint is filed.
Continue Reading Spolier Alert – Duty to Preserve Evidence