Delivery vans photographed on a roadway.

Plaintiff’s Counsel Allowed to Take Third Deposition of Witness, Because Plaintiff was not a Party to Prior Law Suit

In Clarke v. Coca-Cola Refreshments USA, Inc. (Fla. 3d DCA Sept. 4, 2019), the Third District Court of Appeal held that a Plaintiff was entitled to take a witness’s deposition, even though Plaintiff’s counsel had already taken two lengthy depositions of the witness in a previous action brought by other plaintiffs. In this case, a […]

Judge reading opinion from the bench.

Order Compelling Discovery From Non-Party Attorney Reversed Because Trial Court Did Not Properly Assess Attorney’s Privilege Claim

In Varela v. OLA Condominium Ass’n, Inc. (Fla. 3d DCA Aug. 21, 2019), a condominium association subpoenaed a nonparty attorney to appear for deposition in the case, and produce numerous documents related to various corporate entities. The attorney filed a motion for protective order, claiming that the subpoena requested documents protected by the attorney-client privilege. […]

Stack of $US 50 bills with notebook, glasses, and newspaper.

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 […]