On March 24, 2023, Florida reduced the Statute of Limitations for negligence claims from 4 years to 2 years for any negligence causes of action arising after the amendment went into effect on that date. Fla. Stat. § 95.11(4)(a); see also Florida House Bill 837, https://www.flsenate.gov/Session/Bill/2023/837. Negligence if often pled in tandem with or as...
In the first quarter of 2023, the Florida Legislature made three major changes to the Statute of Limitations for negligence claims, comparative fault rules in negligence cases, and the Statute of Repose for improvements to real property. In this episode, David Brisco (San Diego) interviews his regular co-host, Joe Rich (Miami), and the Chair of...
It’s been two years since COVID-19 not only radically changed our daily lives but altered how recovery professionals approach litigating claims. Yes, two years have passed! In the first few months of the pandemic, courts, litigators and recovery professionals quickly adapted to use readily available remote tools like Zoom, Teams and other platforms to keep...
On October 13, 2016, Roylco Educational Light Cubes were recalled because its lithium battery can overheat and catch fire. On the same day, Samsung expanded its recall of the Galaxy Note7 Smartphones based on additional incidents with the replacement phone’s lithium battery overheating and catching fire. On September 20, 2016, Denon recalled its rechargeable battery...
This past week an unfortunate nightmare came true – a family had the unthinkable horror of hearing and watching a loved one perish when a sinkhole opened under the man’s bedroom in his Florida home. As has been reported, sinkhole losses have been increasing in magnitude and volume throughout the country, especially in certain...
Defectively manufactured drywall has been in the news for the past two years. Recently, there have been a string of favorable rulings, verdicts, and settlement for those damaged by the defective drywall. On May 10, 2010, in the case of Germano et al. v. Taishan Gypsum, Judge Fallon, who is presiding over the Multi District Litigation,...
In the multi-district litigation arising out of Chinese manufactured drywall, Judge Fallon of the United States District Court for the Eastern District of Louisiana issued an Opinion on April 8, 2010 finding in favor of plaintiff homeowners and awarding in excess of $2.6 million in damages against Taishan Gypsum Company. Additionally, Judge Fallon found that...
On June 15, 2009, a special panel on multidistrict litigation ordered 10 federal cases involving liability for allegedly defective Chinese manufactured drywall consolidated in the U.S. District Court of the Eastern District of Louisiana with Judge Eldon E. Fallon. It was also ordered that another 67 liability actions involving allegedly defective Chinese manufactured drywall pending in...
From 2004 through 2006, the housing boom and rebuilding efforts necessitated by various hurricanes led to a shortage of construction materials. As a result, U.S. builders and suppliers imported significant amounts of Chinese drywall, estimated to be enough to construct approximately 100,000 homes. A number of putative class action complaints and approximately 100 other state...
