CRIMINAL LAW: VOIR DIRE: ERROR TO DENY RACE NEUTRAL CHALLENGE TO WHITE JUROR WITHOUT CONDUCTING GENUINENESS INQUIRY

Collier v. State, ___ So. 3d ___, 38 Fla. L. Weekly D245 (Fla. 1st DCA January 31, 2013)

The trial court erred by denying the defendant’s race neutral challenges to white jurors because one was a burglary victim and the other had a relative who worked for a law enforcement agency, without conduct a genuineness inquiry.  The trial court … Click To Read Full Case Law Review...

WORKER’S COMPENSATION: CIVIL PROCEDURE: SUMMARY JUDGMENT BASED ON RES JUDICATA REVERSED WHERE CLAIMANT SOUGHT SAME BENEFIT IN TWO PETITIONS BASED UPON DIFFERENT PRESCRIPTIONS FROM HER DOCTOR

Smith v. Time Customer Services, ___ So. 3d ___, 38 Fla. L. Weekly D246 (Fla. 1st DCA January 31, 2013)

In 2011, the employee filed a petition for a specific mattress and base prescribed by her doctor in 2010, but she voluntarily dismissed her petition.  In 2012, the employee filed a petition for the same mattress and base based … Click To Read Full Case Law Review...

ARBITRATION: FRAUD CLAIM HAVING CONTRACTUAL NEXUS WITH, AND SIGNFICANT RELATIONSHIP TO, CONTRACT BETWEEN PARTIES MUST BE ARBITRATED UNDER BROAD ARBITRATION PROVISION

Jackson v. The Shakespeare Foundation, Inc., ___ So. 3d ___, 38 Fla. L. Weekly S67 (Fla. January 31, 2013)

The buyer sued the sellers for fraud because the sellers advertised that their real estate was devoid of wetlands although they knew that 25% of the property contained wetlands.  The Florida Supreme Court held that they buyers were required to arbitrate … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: MEDICAL MALPRACTICE: CIVIL PROCEDURE: TRIAL COURT DID NOT ABUSE ITS DISCRETION BY BIFURCATING CLAIMS BASED UPON THE MEDICAL MALPRACTICE OF TWO PHYSICIANS TO AVOID PREJUDICE BECAUSE ONE PHYSICIAN HAD AN EXTENSIVE HISTORY OF MEDICAL MALPRACTICE CLAIMS

Johansen v. Vuocolo, ___ So. 3d ___, 38 Fla. L. Weekly D252 (Fla. 4th DCA January 31, 2013)

The plaintiff filed a wrongful death action against the primary surgeon for medical malpractice and against the surgical facility for vicarious liability for the negligence of the primary surgeon and the assistant surgeon and for negligently hiring of both of them.  … Click To Read Full Case Law Review...

CIVIL PROCEDURE: VOIR DIRE: INDIVIDUAL, SEQUESTERED EXAMINATION OF EACH MEMBER OF VENIRE PANEL WAS SUFFICIENT TO ENSURE THAT PARTIES RECEIVED A FAIR JURY AFTER ONE PROSPECTIVE JUROR MADE A DISPARAGING COMMENT ABOUT DEFENSE EXPERT

Williams v. Osking, ___ So. 3d ___, 38 Fla. L. Weekly D232 (Fla. 4th DCA January 30, 2013)

The defendant challenged the array after one prospective juror accused the defense medical expert of botching his father’s treatment.  The trial court struck that prospective juror for cause and conducted individual, sequestered examinations of each remaining member of the venire panel.  … Click To Read Full Case Law Review...