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FDLA Amicus Briefs

In Morris v. Muniz, SC16-931, Travese Erickson of the Saalfield Shad Law Firm authored the brief in support of the medical providers. The case concerns discovery of an expertís qualifications during the presuit investigation period in medical malpractice claims. Essentially, the Plaintiff argues that the medical providers have to accept the affidavit wholesale and canít inquire further.

In Gal v. Prepared Ins. Co., SC16-2190. Elaine Walter of Gaebe, Mullen, Antonelli & DiMatteo authored the brief in support of the insurance company. This case is a first party property case about when a general contractor is necessary and when a carrier must pay the general contractorís profit and overhead. The homeowner has advocated for a three-trades rule and implicitly argues that the Court should recede from Trinidad.

In Escobar v. Tower Hill, 3D16-1844. The amicus brief is currently due August 14, 2017. Katie Ender of Cole, Scott & Kissane will author the brief. This is also a first party property case. The case deals application of the Fifth Districtís opinion in Slayton v. Universal Prop. & Cas. Ins. Co., 103 So. 3d 934 (Fla. 5th DCA 2012).

deFENSE POST

The official newsletter of the Florida Defense Lawyers Association.

FDLA deFENSE POST, Fall/Winter 2016

Volume XVIII, Issue 3 / Fall/Winter 2016

FDLA deFENSE POST, Summer 2016

Volume XVIII, Issue 2 / Summer 2016

FDLA deFENSE POST, Spring 2016

Volume XVIII, Issue 1 / Spring 2016

Amicus Briefs

Briefs created by the The FDLA Amicus Committee.

American Optical v. Williams

Florida Supreme Court (Fourth DCA: 4D07-405, 4D07-407)
Case Number: SC08-1616
Issue: The issues presented in this consolidated appeal involve the application of the Asbestos and Silica Compensation Fairness Act ("ASCFA") to claims of various plaintiffs and whether requiring a plaintiff to actually suffer physical impairment prior to filing suit violates due process.
Status: FDLA filed an amicus brief in support of Appellant on August 20, 2009. Oral argument is set for February 10, 2010.

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Archbishop v. Maynoldi

Third District Court of Appeal
Case Number: 3D08-1648
Issue: This case involves the liability of a school for non-school sponsored and off campus activities, including the unsanctioned consumption of alcohol.
Status: FDLA filed an amicus brief in support of Appellant on March 4, 2009. Oral Argument was held on November 2, 2009. To date, no decision has been issued.

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Gardner v. Tampa General Hospital

Second District Court of Appeal
Case Number: 2D08-5054
Issue: This case involves the constitutionality of ß766.201 and ß766.207, Florida Statutes, and the statutory limitations of damages in medical malpractice cases.
Status: FDLA filed a joint amicus brief with Florida Hospital Association (FHA) and Florida Medical Association (FMA) in support of Appellee on April 30, 2009. Oral Argument was held before the 2DCA Judges Altenbernd, Villanti and LaRose, on September 30, 2009. To date, no decision has been issued.

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Genovese v. Provident Life

Florida Supreme Court (Fourth DCA - 4D06-421)
Case Number: SC06-2508
Issue: This case involves a certified question challenging the existence of an attorney-client privilege between defense lawyers and their insurer clients when a bad faith claim is filed in a first-party lawsuit.
Status: FDLA filed an amicus brief in support of Respondent on April 13, 2009. Oral Argument was held on August 31, 2009. To date, no decision has been issued.

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Glenn v. All Children's Hospital

Florida Supreme Court (Second DCA - 2D02-1638)
Case Number: SC08-1317
Issue: This case involves the applicability of the notice provisions under The Florida Neurological Injury Compensation Act ("NICA").
Status: FDLA filed a joint amicus brief with Florida Hospital Association in support of Respondent on April 17, 2009. Oral Argument was held on August 31, 2009. To date, no decision has been issued.

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