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Articles Posted in wrongful death

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Otherwise “Unconstitutional” Caps in Med-Mal Lawsuit Damages Alive & Well – Thanks to Arbitration

Caps on non-economic damages in medical malpractice lawsuits – set at $250,000 per incident under Gov. Jeb Bush – are unconstitutional. The Florida Supreme Court decided this soundly – first in the 2015 case of Estate of McCall v. U.S. (medical malpractice wrongful death cases) and again in 2017 with…

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Overcoming Sovereign Immunity: Holding Government, Workers Accountable in Florida Injury Lawsuits

The sovereign immunity doctrine in Florida bars lawsuits in state court against a state government, as well as its agencies and subdivision, absent governmental consent. Although proponents of this theory say it allows for governmental discretion by allowing officials to engage in flexible decision-making without risk of liability and protects…

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South Florida City Pays $40K After Fatal Shooting at City-Sponsored Event

Council members for the City of Fort Myers have agreed to pay $40,000 to avoid further litigation involving the family of a 20-year-old man who was fatally shot at a Halloween-themed event downtown two years ago.  The News-Press reports the city hoped to avoid the continuation of a $5 million…

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