TORTS: WRONGFUL DEATH: PRODUCTS LIABILITY: TOBACCO: CIVIL PROCEDURE: CLASS ACTIONS: ENGLE OPT OUT PLAINTIFF’S CLAIM BARRED BY STATUTE OF LIMITATIONS: OPT OUT WAS EFFECTIVE EVEN THOUGH PLAINTIFF HAD YET TO BE APPOINTED AS PERSONAL REPRESENTATIVE WHEN SHE EXECUTED IT: OPT OUT WAS NOT INEFFECTUAL BECAUSE IT DID NOT STATE THAT THE INDIVIDUAL SURVIVORS VOLUNTARILY AND KNOWINGLY RELINQUISHED THEIR INDIVIDUAL RIGHTS: OPT OUT WAS NOT INEFFECTUAL BECAUSE THE TRIAL COURT DID NOT ACKNOWLEDGE IT: OPT OUT WAS EFFECTIVE UPON FILING IT

Roughton v. R.J. Reynolds Tobacco Company, ___ So. 3d ___, 39 Fla. L. Weekly D55 (Fla. 1st DCA December 31, 2013)

The plaintiff, as the personal representative of her deceased husband’s estate, opted out of the Engle class action before the Florida Supreme Court issued its decision in the Engle case.  More than ten years after opting out of … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: PRODUCTS LIABILITY: CIVIL PROCEDURE: CLASS ACTIONS: ENGLE OPT OUT PLAINTIFF’S CLAIM BARRED BY STATUTE OF LIMITATIONS: UNRULED UPON MOTION SEEKING READMISSION TO THE CLASS HAD NO EFFECT

Gaff v. R.J. Reynolds Tobacco Company, ___ So. 3d ___, 39 Fla. L. Weekly D57 (Fla. 1st DCA December 31, 2013)

This is a companion case to Roughton v. R.J. Reynolds Tobacco Company, ___ So. 3d ___, 39 Fla. L. Weekly D55 (Fla. 1st DCA December 31, 2013)  As in Roughton, the plaintiff, as personal representative of the … Click To Read Full Case Law Review...

CIVIL PROCEDURE: CLASS ACTIONS: CERTIFICATION: TORTS: TORTIOUS INTERFERENCE WITH DEAD BODIES: INTENTIONAL OR RECKLESS INFLICTION OF EMOTIONAL DISTRESS: GROSS NEGLIGENCE: INJUNCTIVE RELIEF: ERROR TO ADOPT PROCEDURE FOR DETERMINING CLASS MEMBERSHIP THAT WOULD IN EFFECT GRANT THE PLAINTIFFS’ CLAIM FOR INJUNCTIVE RELIEF: CLAIM FOR INJUNCTIVE RELIEF BARRED BY RES JUDICATA BASED UPON PRIOR ADMINISTRATIVE ACTION BY DEPARTMENT OF BANKING AND FINANCE: CLAIMS FOR MONETARY RELIEF WERE NOT SUITABLE FOR DETERMINATION BY CLASS ACTION BECAUSE OF THE INDIVIDUALIZED NATURE OF THE CLAIMS

Alderwoods Group, Inc. v. Garcia, ___ So. 3d ___, 38 Fla. L. Weekly D1646 (Fla. 3d DCA July 31, 2013)

Three plaintiffs brought a class action against the owner of cemetery because the cemetery was unable to locate the burial plots of the plaintiffs’ family members.  The plaintiff’s sued for tortious interference with dead bodies, intentional or reckless infliction of … Click To Read Full Case Law Review...

CONSUMER LAW: CLASS ACTIONS: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT (FDUTPA): FILING A HOSPITAL LIEN DOES NOT CONSTITUTE TRADE OR COMMERCE

Baker v. Baptist Hospital, Inc., ___ So. 3d ___, 38 Fla. L. Weekly D1488 (Fla. 1st DCA July 5, 2013)

The plaintiff filed a class action against a hospital, which filed hospital liens in one county for services rendered in another county.  The trial court, on motion for summary judgment, ruled that the practice was unlawful under “a special Click To Read Full Case Law Review...

CIVIL PROCEDURE: CLASS ACTIONS: CERTIFICATION: ABSENCE OF FINDINGS OF FACT AND CONCLUSIONS OF LAW

Fidelity National Title Insurance Company v. Grosso, ___ So. 3d ___, 38 Fla. L. Weekly D746 (Fla. 4th DCA April 3, 2013)

The appellate court reversed an order certifying a class action because of the absence of factual findings or conclusions of law and the failure to specify the section of Fla. R. Civ. P. 1.220(b) upon which certification Click To Read Full Case Law Review...