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...

For nearly 50 years, Texas has imposed a ten-year statute of repose on suits against builders or contractors who construct or repair improvements to real property.  On June 9, 2023, House Bill 2024 amended Section 16.009 of the Texas Civil Practice and Remedies Code to create a shorter, six-year repose period in certain circumstances. About...

There are what seems like countless hindrances to subrogation recovery.  With a spin on Elizabeth Barrett Browning’s famous love poem for the title of this article, we delve broadly into the legal bars for recovery.  The non-exhaustive list below outlines some of the main legal doctrines barring recovery in insurance claims.  Hopefully, these simple definitions...

A frequent question that arises with claims involving alleged defective products is what effect, if any, the age of the product has on recovery. It’s a common misconception that simply because a product is “old,” any claim for damages caused by it are barred. However, the extent to which there could be recovery for damages...