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Florida Legislature Passes Tort Reform Measure

Law 360

The Florida Senate on Thursday passed a sweeping tort reform bill that changes the comparative negligence standards for jury verdicts, cuts the statute of limitations for injury cases in half, and eliminates one-way attorney fees and fee multipliers for all lines of insurance, sending the bill to Gov.

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Traffic accident involving Florida girl leads to Medicaid-reimbursement dispute

SCOTUSBlog

Marstiller presents a straightforward question of statutory interpretation, addressing whether a state Medicaid program can take funds a Medicaid beneficiary receives in a tort settlement from a third party that injured the beneficiary. The question now is how much of the total settlement Florida can recover.

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Justices validate states’ right to take tort recoveries from Medicaid beneficiaries

SCOTUSBlog

Justice Clarence Thomas’ opinion for a 7-2 majority treats the case as calling for a straightforward application of the plain language of the statute. Florida’s statute includes a formula that allocates $300,000 to past and future medical expenses. The case, Gallardo v.

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Jake Tapper and CNN Lose Major Motions in Defamation Case by Navy Veteran

JonathanTurley

In my torts class, we discuss retraction statutes and the requirements of time and clarity. Under Florida’s Section 770.02(1), ” This is relatively new ground for the Florida courts and will undoubtedly be appealed in time. I specifically discussed the CNN case. That record supports a showing of actual malice.

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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

The Volokh Conspiracy

He's also been on an expedition of the American court system, from the Supremes to a languishing habeas petition (filed in 2008 and still pending today), and now a trip to the Ninth Circuit asking whether he can sue under the Alien Tort Statute for damages from injuries during his detention. Answer: No.

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Federal appeals court rejects Pulse Nightclub shooting case against social media giants

JURIST

The first was that the companies violated anti-terrorism statute 18 U.S.C. §§ 2333(a) & (d)(2). The statute allows victims of international terrorism to bring federal lawsuits against perpetrators and collect damages. The court rejected the anti-terrorism claims, as the statute in question requires that terrorism be international.

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Government contractors’ defenses, election challenges, and intellectual disability in capital cases

SCOTUSBlog

United States , involving the scope of a statute that gives judges discretion to reduce criminal sentences for extraordinary and compelling reasons. Government contractors defenses to torts The GEO Group, Inc. The Supreme Court is making good progress in sorting through the current relists. This week it disposed of four. In Hencely v.