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Nominal Proposals For Settlement Are Enforceable If Good Faith Basis Exists For Concluding That Exposure Is Minimal

In Miccosukee Tribe of Indians of Florida v. Lewis Tein, P.L. (Fla. 3d DCA August 14, 2019), a nominal proposal for settlement was upheld because the party making the proposal had a good-faith basis for concluding that its exposure was minimal. The underlying case involved a convoluted saga between the Miccosukee Tribe and its former […]

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Even With Clear Video Evidence, Summary Judgment Not Available If Video Contradicted By Witness Testimony

In Lopez v. Wilsonart (Fla. 5th DCA Jul 12, 2019), the Fifth DCA held that a trial court erred by granting summary judgment based upon video evidence. A question of fact existed because an eyewitness’s testimony differed from the video, even though the video completely contradicted an eyewitness’s testimony about the facts of the incident. […]

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Florida Supreme Court Strikes Fresh Blow Against Nitpicking Proposals For Settlement

In a recent opinion, the Florida Supreme Court held that proposals for settlement were not ambiguous despite failing to address separate claims brought against codefendants. With its holding, the majority opinion reiterated its policy of discouraging the “nitpicking” of proposals for settlement, and expressed the court’s continued frustration that proposals for settlement seem to create […]

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Personal Jurisdiction Arising From Internet Torts

In today’s connected society, many relationships and transactions cross state and national boundaries. Thus, the question of whether Florida courts have jurisdiction over an action can frequently be unclear, especially in instances where conduct occurs over the internet. This article examines the extent to which out-of-state torts committed via the internet can confer personal jurisdiction […]

The Latest Proposal for Settlement Trap – District Split on Email Service

Update: In 2019, the Florida Supreme Court issued its opinion in Wheaton v. Wheaton, resolving the district split discussed in this article. The Florida Supreme Court held that a proposal for settlement is not invalid for failure to strictly comply with the Florida Rules of Judicial Administration governing service by email.  Proposals for settlement in […]