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In re Amendments to Florida Rules of Civil Procedure, --- So.3d ----, 2010 WL 3488983 (Fla. 2010)

Friday, 17 September 2010 19:43

09.11.10

The Florida Rules of Civil Procedure are amended effective January 1, 2011 with several changes. Especially of note is that hand deliver under Rule 1.080 is effective the date of the delivery and new rule 1.285, Inadvertent Disclosure of Privileged Materials, is added. The complete changes are available here

Butler v. Yusem, --- So.3d ----, 2010 WL 3488979 (Fla. 2010).

Friday, 17 September 2010 19:42

09.11.10

Justifiable reliance is an element of a claim for negligent misrepresentation, but not an element of a claim for fraudulent misrepresentation. Moreover, “lack of due diligence” is not synonymous with not having justifiably relied on a statement or representation.

In re The Celotex Corp., --- F.3d ----, 2010 WL 3155493 (11th Cir. 2010).

Tuesday, 31 August 2010 14:22

8.14.10

A bankruptcy claim that achieves “allowed status” is not equivalent to a judgment and is not entitled to interest at the judgment rate if the plan does not provide for interest on allowed claims.

Kilpatrick v. Breg, Inc., --- F.3d ----, 2010 WL 3168655 (11th Cir. 2010).

Saturday, 14 August 2010 00:00

8.14.10

Under Daubert v. Merrel Dow Pharmaceuticals, 509 U.S. 579 (1993), federal district court judge must examine the methodology used by an expert to reach her conclusions even if the methodology is not new or novel.

Brown v. R.J. Reynolds Tobacco Co., --- F.3d ----, 2010 WL 2866923 (11th Cir. 2010).

Saturday, 24 July 2010 00:00

7.24.10

The Rooker-Feldman doctrine is jurisdictional and prevents a federal court from reviewing a case filed by a party who lost the same or similar case in state court; the doctrine does not apply when a winning state court party seeks review in federal court.

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