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Think You Waived the Right to Jury Trial in Your Initial Pleading? Maybe Not.

By July 3, 2014

By Justin B. Kaplan Young litigators are routinely taught that if a party does not demand a jury trial in its complaint (or counterclaim), it permanently waived this important right.  This time-worn lesson is not necessarily correct, however.  There is still hope. The Florida Rules of Civil Procedure provide: Any …

Todd A. Levine

The Demise of the Economic Loss Rule: How Will This Impact Business Litigants?

By March 14, 2013

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 …