Florida Supreme Court Curtails Medical Malpractice Defense

Florida Supreme Court Curtails Medical Malpractice Defense Saunders v. Dickens, 39 Fla. L. Weekly S 494 (Fla. July 10, 2014)* In several medical malpractice cases, defendants have argued that the defendant doctor’s misdiagnosis did not really cause the injury if a subsequent treating physician has testified that the eventual treatment would have been the same even...

Florida Supreme Court Clarifies Standards for Enforcement of Arbitration Clauses

Florida Supreme Court Clarifies Standards for Enforcement of Arbitration Clauses On March 20, 2014, the Florida Supreme Court decided Basulto v. Hialeah Automotive, 39 Fla. L. Weekly S 140, concerning whether a buyer was required to arbitrate a dispute with a seller. The Supreme Court clarified that courts, when asked to enforce an arbitration provision,...

Be Careful What You Ask For

“Be Careful What You Ask For” or “Read The Contract Before You Sign It”: Third DCA Reverses For Enforcement Of Forum Selection Clause In Contract Despite Drafting Party’s Claim Of Mistake Espresso Disposition Corp. 1 v. Santana Sales & Marketing Group, Inc., 3D12-1147 The parties signed an agreement, drafted by Santana, with a forum selection clause...