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Abbey L. Kaplan

The Demise of the Economic Loss Rule Does Not Do Away With Basic Pleading Requirements

By April 16, 2013

By Abbey Kaplan In light of the recent Florida Supreme Court case of Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Co., Inc. which did away with the economic loss rule, in all matters except products liability cases litigators predict that this case opens the floodgates to tort claims that arise from the …

Todd A. Levine

Associates’ Corner: In the Third District A Voluntary Dismissal Without Prejudice Does Not Automatically Make the Defendant a Prevailing Party—The Outlier

By March 28, 2013

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 …