While post-Tiara, the Economic Loss Rule (“ELR”) is limited to products liability cases, the Tiara progeny firmly establish that the independent tort doctrine (“ITD”) is alive and well. In a nutshell, the IDT “is a prohibition against tort actions to recover solely economic damages for those in contractual privity is designed to prevent
Florida Supreme Court Says Facebook “Friendship” Not Grounds For Judge Disqualification
On November 15, 2018, the Florida Supreme Court held that “an allegation that a trial judge is a Facebook ‘friend’ with an attorney appearing before the judge, standing alone, does not constitute a legally sufficient basis for disqualification.”
The statute which governs a motion to disqualify requires that the moving party file an affidavit in
Employers Beware
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 and negligent retention. The principle difference between a negligent hiring and a negligent retention claim is “the time at which the employer is charged with
Turkeys No Longer Fly Free – Delta Cracks Down on Emotional Support Animal Abuse
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 to a high level of culpability.
But what if a statute authorizes the recovery of punitive damages? Certain statutes, like Florida’s unauthorized publication of likeness
$135,000 Fine Upheld Against Oregon Bakers Who Refused to Bake Cake for Same-Sex Couple
I’ve posted before here on the Oregon wedding cake case (not to be confused with the Colorado wedding cake case that went to the Supreme Court).
Now comes recent news that the Oregon Court of Appeals has upheld a $135,000 fine against two bakers, Melissa and Aaron Klein, who refused to bake a cake for
Miami-Dade Imposes Regulations on Peer-to-Peer Short Term Rentals
Miami is know for fun, sun, beaches and is a top spot for people looking to vacation or get together with friends or family for reunions and parties. As a result, Miami-Dade County has been one of the busiest areas for peer-to-peer short term rentals. The more short term rentals in a neighborhood the more
Is It Really Too Late? Statute of Limitations for Negligent Appraisal Ruling May Be Challenged
I recently wrote in Fox Rothschild’s Consumer Law Ledger about a Florida appellate court’s ruling that the statute of limitations for a negligent appraisal claim begins to run on the date that the loan is funded, even if a loan default does not occur until much later.
I’ve been told that a Motion for Rehearing
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 do an unlawful act or to do a lawful act by unlawful means,
- The doing of some overt act in pursuance of the conspiracy, and
Thoughts on National Registration for Service Dogs
I’ve posted before, here and here, regarding the dilemma business owners have when faced with a customer with a dog (fake service dog) or a customer with an animal (emotional support animal – which are not afforded the same protections as service dogs). Many business owners simply don’t know how to respond or respond