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Database covers: March, 2001 - Present

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Cases of Interest


Torts -- Medical malpractice -- Damages -- Statute imposing caps on noneconomic damages in personal injury medical malpractice cases is unconstitutional -- It was error to set off pretrial settlement with a defendant physician against economic damages awarded against defendant hospital
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Insurance -- Uninsured motorist -- Venue -- Forum selection clause -- Trial court erred in denying defendant insurer's motion to dismiss claim for uninsured motorist benefits based on improper venue where endorsement to policy contained mandatory forum selection clause providing that any lawsuits related to coverage shall be brought, heard, and decided in county of insured address shown on policy declarations, which was an address in Pennsylvania -- Forum selection clause contained in endorsement prevailed over general venue provisions in policy -- To the extent an endorsement is inconsistent with the body of the policy, the endorsement controls
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Estates -- Will contest -- Discovery -- In action seeking to revoke probate on basis of lack of testamentary capacity and undue influence, estate planning attorney who prepared wills on testator's behalf is not entitled to assert attorney-client privilege and confidentiality to refuse to answer counsel's questions at deposition relating to testator's reasons for disinheriting children
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Municipal corporations -- Action seeking declaratory and injunctive relief regarding private developer's plans to lease and develop city-owned lands by plaintiffs who reside in vicinity of proposed development -- Standing -- Plaintiffs lack standing to challenge alleged city charter violations where plaintiffs have not alleged a special injury having a nexus to the violations -- Trial court properly dismissed claims alleging city charter violations for lack of standing -- Trial court properly dismissed claim that defendants violated Miami-Dade County Citizens' Bill of Rights by concealing from the public information reflecting differences between the project as described in initial RFP and referendum and project as it was renegotiated, and concealing from public the fact that those changes required an updated notice and RFP solicitation process, where complaint does not establish that any final and legally binding lease terms for the project site are in place -- Tr ial court properly dismissed public records claim on alternative basis that claims are preempted by Florida Public Records Act -- Trial court properly dismissed plaintiffs' claim for developer's breach of agreement to enter into ground lease between developer and city on basis that plaintiffs are neither parties to nor third-party beneficiaries of agreement
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