Florida Defense Lawyers Association

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Past Amicus Briefs

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 involved 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. FDLA filed an amicus brief in support of Appellant.

Result: On July 8, 2011, the court affirmed the holding of the Fourth District in Williams v. American Optical Corp., 985 So. 2d 23 (Fla. 4th DCA 2008), that retroactive application of the ASCFA to the Appellees, and to other claimants who had accrued causes of action for asbestos-related disease pending on the effective date of the Act, violated the due process clause of the Florida Constitution. The court disapproved the decision of the Third District in DaimlerChrysler Corporation v. Hurst, 949 So. 2d 279 (Fla. 3d DCA 2007).

Archbishop Coleman F. Carroll High School v. Maynoldi
Third District Court of Appeal
Case Number: 3D08-1648
Issue: This case involved the liability of a school for non-school sponsored and off-campus activities, including the unsanctioned consumption of alcohol. FDLA filed an amicus brief in support of Appellant.

Result: In February 2010 the Third District reversed a verdict and judgment for the plaintiffs and directed judgment in favor of Appellants, holding that the school's "obligation of reasonable supervision" had come to an end before an alcohol-related accident took place following an off-campus party.

Parham v. Florida Health Sciences Center d/b/a Tampa General Hospital
Second District Court of Appeal
Case Number: 2D08-5054
Issue: This case involved the constitutionality of 766.201 and 766.207, Florida Statutes, and the statutory limitations of damages in medical malpractice cases. FDLA filed a joint amicus brief with the Florida Hospital Association (FHA) and Florida Medical Association (FMA) in support of Appellee.

Result: The court upheld a limitation on liability imposed on the award to the mother of the decedent in a medical malpractice action, but certified a question regarding the continued constitutionality of the limitation of noneconomic damages originally established in 1988.

Genovese v. Provident Life & Accident Ins. Co.
Florida Supreme Court (Fourth DCA - 4D06-421)
Case Number: SC06-2508
Issue: This case involveds a certified question from the Fourth District Court of Appeal 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. FDLA filed an amicus brief in support of Respondent.

Result: On March 17, 2011, the court held that the attorney-client privilege is applicable in the first-party bad faith context, and approved the Fourth District's decision to the extent it precluded discovery of attorney-client privileged information in the underlying first-party bad faith action.

Florida Birth-Related Neurological Injury Compensation Ass'n v. Dep't of Admin. Hearings
Florida Supreme Court (Second DCA - 2D02-1638)
Case Number: SC08-1317
Issue: This consolidated case involveds the applicability of the notice provisions under The Florida Neurological Injury Compensation Act ("NICA"). FDLA filed a joint amicus brief with the Florida Hospital Association in support of Respondent All Children's Hospital.

Result: In January 2010 the court held that "in order to satisfy the notice requirement of section 766.316, Florida Statutes (1997), both participating physicians and hospitals with participating physicians on staff must provide obstetrical patients with notice of their participation in the plan."


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