By Marko Cerenko Much has been written about the recent Florida Supreme Court case of Delmonico v. Traynor, which declined to extend Florida’s long standing absolute litigation privilege to statements made by an attorney during ex-parte, out of court questioning of a nonparty witness. Recently I came across an interesting twist …

By Jeffrey M. Berman Recently, I dealt with an interesting issue regarding a defendant’s request for prevailing party costs under Fla. R. Civ. P. 1.420 following a voluntary dismissal without prejudice.  The issue was whether the plaintiff’s voluntary dismissal without prejudice operated as an adjudication on the merits such that …

By Justin B. Kaplan Last week, the Florida Supreme Court put the final nail in the coffin of the dying economic loss rule.  In the landmark case Tiara Condominium Ass’n, Inc. v. Marsh & Mclennan Co., Inc., the Florida Supreme Court took advantage of a certified question from the 11th Circuit to hold that  “the …

By Steve I. Silverman A recent ruling by a Pennsylvania state court denied a defendant’s request for plaintiffs’ social media records.  In Hoy v. Holmes, case no.: S-57-12, plaintiffs sued defendant for damages arising from an automobile accident.  Defendant sought and later moved to compel production of the plaintiffs’ social media records.  The court denied …