It should not come as a surprise, but litigants are not permitted to commit fraud against, or mislead, a court of law. However, in order for a case to get dismissed for fraud or misconduct, the party committing the alleged fraud must know that what they are submitting to the…
In essence, an arbitration agreement is a contract between two parties that stipulates that a neutral arbiter, rather than a judge or jury, will have the final binding decision over any claims that arise between the parties. Arbitration agreements have become the focus of some critical attention recently, because of…
The law that allows accident victims to recover from the person who caused the accident that caused their injuries is called the law of negligence. While the laws of negligence are complex and can be very confusing, at its core, the law is designed to allow an accident victim to…
In a recent opinion by the District Court of Appeals of Florida, Third Circuit, the court reversed a decision by an arbitrator and send the case back for a rehearing because the arbitrator did not properly calculate the damages the plaintiff was eligible for. Background: What Is an Arbitration Agreement?…
In Florida, the civil courts are sticklers for procedure. Whether it be following court imposed rules or sticking to deadlines set by statute, courts will rarely allow exceptions to procedural defaults. Along these lines are the strict notice requirements imposed by statute that require plaintiffs suing the state government (or…
Not every piece of evidence that may seem relevant at first glance is admissible, or even discoverable, in a Florida personal injury case. A piece of evidence may be undiscoverable or inadmissible for any number of reasons, including its lack of relevance, the fact that it constitutes hearsay, the prejudicial…
The Florida Court of Appeals, Third District, recently decided an interesting case that affects both plaintiffs and defendants in multiple-defendant personal injury cases. Specifically, the case relates to the admissibility of evidence showing that the plaintiff settled with a party who used to be, but is no longer, named as…
In a case earlier this year, the Florida Supreme Court had a chance to further define the situations in which an arbitration agreement is valid. An arbitration agreement is a contract entered into as a part of a larger contract. Generally speaking, an arbitration agreement is an agreement to waive…