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PIP Demand Letters Matter: Substantial Compliance is a Thing of the Past

February 26, 2021
Challenging the sufficiency of pre-suit demand letters based on the specificity requirements of section 627.736(10), Florida Statutes has proven (in the past) to be difficult due to a range of conflicting rulings from both county courts and circuit courts in their appellate capacity, ranging from requiring substantial compliance to strict[...]

“The code is more what you'd call ‘guidelines’ than actual rules.”
– Barbossa, Pirates of the Caribbean

October 19, 2020
Florida Rule of Judicial Administration 2.250(a)(1) enumerates the time standards of a civil matter from the filing of a complaint to final disposition. Specifically, the Florida Supreme Court suggests that a jury case should be concluded within 18 months of the filing of a complaint, 12 months for a bench[...]

Nip a Punitive Damages Claim in the Bud: Procedural Issues Corporations Should Attack

October 16, 2020
Punitive damages in Florida are meant to punish a defendant for wrongful conduct and deter similar conduct in the future. Once a claim for punitive damages is injected into a case, the landscape of the litigation changes, opening the door to financial worth discovery and increasing the potential value of[...]

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CSK successfully defends in one of the first post-COVID jury trials in Florida.

February 12, 2021
CSK Orlando Partners, Ryan S. Sawyer and Scott Shelton obtained a favorable trial result after a four-day in-person jury trial in this premises liability case. This trial was one of the first in-person jury trials to take place in Florida since early 2020. The two Plaintiffs alleged they were injured[...]

CSK Prevails in Certiorari Review of Order Compelling Financial Worth Discovery in Employment Discrimination Action

February 11, 2021
CSK recently obtained an Opinion quashing a trial court order that compelled an employer to produce financial worth discovery in an employment discrimination case under the Florida Civil Rights Act (“FCRA”), wherein the former employee’s complaint sought punitive damages. CSK successfully argued before the Fourth District Court of Appeal that[...]

Florida Supreme Court Rules That Extra-contractual, Consequential Damages Are Not Recoverable In A First-party Breach of Contract Action

January 21, 2021
On January 21, 2021, in the case of Citizens Property Insurance Corporation v. Manor House, LLC, et al., SC19-1394 (Fla. 2021), the Florida Supreme Court held that extra-contractual, consequential damages are not recoverable in a first-party breach of contract action, but instead are only recoverable in a bad faith suit[...]