1. The jury then came back with $15 million for the wife and $6 million to the daughter. The defendant, a Delaware corporation with its principal place of business in California, was engaged in the business of mining and distributing talcum powder. The trial court did not request a response by the defendant to the explanation proffered by the state for the peremptory challenge, and instead cut off the state when it was proffering its explanation for the strike and justification for its genuineness, bringing the analysis to an end with the statement that the court found the challenge to be race-neutral. Justices faced political battles over partisan and racial gerrymandering and the Trump administration’s plan to add a citizenship question to the 2020 census. Businesses often make claims about their products in marketing their products to the public. AN ATTORNEY IS NOT REQUIRED TO PROVIDE AN INDEPENDENT EXPERT WITNESS TO CORROBORATE THE REASONABLENESS OF FEES IN SITUATIONS WHERE FEES ARE AN ELEMENT OF COMPENSATORY DAMAGES IN A BREACH OF CONTRACT ACTION AGAINST THE CLIENT, AND THE CLIENT ACKNOWLEDGED THE OBLIGATION. No. harm to property, health, or well-being).. What is a Tort Case? At the close of the plaintiffs’ case, the homeowner’s association had moved for a directed verdict maintaining that its policy of allowing cars to park on the street was not a proximate cause of the accident. CLAIMS OF CIVIL CONSPIRACY, AND AIDING AND ABETTING A BREACH OF FIDUCIARY DUTY ARE NOT INDEPENDENT OF THE INSURANCE CONTRACT, AND MAY NOT BE BROUGHT AGAINST A THIRD PARTY INSURER BECAUSE OF THE NONJOINDER STATUTE WITHOUT A VERDICT OR SETTLEMENT. The Week in Torts - Cases from the Week of November 27, 2020, The Week in Torts - Cases from the Week of November 20, 2020, The Most Dangerous Types of Car Accidents, The Week in Torts - Cases from the Week of November 13, 2020, The Week in Torts - Cases from the Week of November 6, 2020, The Dangers of Flex Seal & Toxic Exposure, The Week in Torts - Cases from the Week of September 18, 2020. Torts include negligence cases and personal injury. When the appellate court leaves an underlying final judgment intact, interest begins to accrue from the date of that final judgment, even if the trial court on remand enters an amended final judgment to reflect the appellate court’s ruling. As such, the court quashed the trial court’s order below. Some defects are design-related, while others involve manufacturing or marketing. Additionally, the award was only a fraction higher--not multiple times higher--than those cases previously upheld. To establish the amount of damages, the attorney introduced the retainer agreement, and the invoice listing the flat fees billed. Type: Torts - Injury › Personal Inj. If the explanation is facially race-neutral and the court believes that, given all the circumstances surrounding the strike, the explanation is not a pretext, the strike will be sustained. Case Name Case No. The jury found that the homeowner’s association’s negligence was a legal cause of the plaintiffs’ damages, and apportioned 30% of the fault to the homeowner’s association (and 70% to the rear-ending driver). Kalitan, 44 Fla. L. Weekly D211 (Fla. 4 th DCA January 9, 2019): Generally, interest on a money judgment in a tort case runs from the date of the judgment. To find specific jurisdiction, the defendant’s suit-related conduct must create a “substantial connection with the forum state” and arise out of the defendant’s own activities, not those of a plaintiff or a third party. Iacono v. Santa Elena Holdings, LLC, 44 Fla. L. Weekly D82 (Fla. 3rd DCA December 21, 2018): The case stemmed from a board meeting where one person was voted out as manager and the petitioner was voted in. It apportioned fault against R.J. Reynolds at slightly less than the plaintiff had asked. The Supreme Court’s Biggest Decisions in 2019. However, there is a gray area. NO ABUSE OF DISCRETION FOR TRIAL COURT TO DENY PLAINTIFF’S MOTION TO AMEND HER COMPLAINT WHEN THE AMENDMENTS WOULD HAVE BEEN FUTILE BECAUSE THE NEW NEGLIGENCE CLAIMS SUFFERED FROM THE SAME NOTICE DEFECTS AS THE PRIOR CLAIMS. Tom Comerford was lead counsel for a fortune 100 Company which was involved in a dispute concerning the sale of its foreign subsidiary. The appellate rule exception only applies when reversal on appeal results in an initial entry of a money judgment, not when reversal on appeal requires modification of a previously entered money judgment. At the conclusion, the attorney billed the client pursuant to the agreement and the client paid a portion, leaving a balance of over $80,000. These cases are often some of the most significant cases a law firm will handle, especially in terms of potential revenue. Recent Defamation Case. Lawsuits filed by consumers against big business took off in the 1990s in the golden era of tort ligitation. HOWEVER, ERROR HARMLESS. She wrote that the defendant’s affidavit failed to dispute the key jurisdictional allegations in the plaintiff’s complaint, which demonstrated that Florida’s assertion of personal jurisdiction over the defendant is constitutional. SUMMARY JUDGMENT ERRONEOUSLY ENTERED BECAUSE FACT QUESTION IS TO WHEN PLAINTIFF SHOULD HAVE DISCOVERED INJURY. The client stipulated that he entered into the retainer agreement, and that he did not pay. Because the court found a factual dispute as to whether plaintiff should have discovered his injury, it ruled that summary judgment was inappropriate. In a recent case, VLG successfully defended against charges of defamation against a shareholder in a small business corporation who was quite vociferous in slamming management. Judge Taylor dissented. Neutral Citation; December 20, 2019: Canada Post Corp. v. Canadian Union of Postal Workers: 37787: 2019 SCC 67: December 19, 2019: The Standard of Review (taken from Vavilov in the “Administrative Law Trilogy”) (Case Law in Brief) 37748 37896 37897: 2019 SCC 65 2019 SCC 66: Bell Canada v. Canada (Attorney General) 37896 37897 Clark, Fountain, La Vista, Prather & Littky-Rubin, West Palm Beach Personal Injury Attorneys. While the homeowner’s association’s failure to enforce the parking rules was a cause in fact of the accident, its negligence only furnished the occasion for the defendant’s negligence. r and w rental properties v. warnick, 44 fla. l. weekly d2044 (fla. 5 th dca august 7, 2019): Business tort cases take many forms and the outcome can have a significant impact on the future of a business. Here, a party’s objection to the other side’s use of a peremptory challenge on racial grounds must (a) make a timely objection on that basis; (b) show that the venire person is a member of a distinct protected group; (c) request that the court ask the striking party its reason for the strike. Alexander v. Kalitan, 44 Fla. L. Weekly D211 (Fla. 4th DCA January 9, 2019): Generally, interest on a money judgment in a tort case runs from the date of the judgment. When moving to dismiss the case for lack of jurisdiction, the defendant filed an affidavit stating that it does not mine talc in Florida, does not directly sell talc to Johnson & Johnson in Florida, does not directly ship talc to J & J in Florida and does not directly distribute talc to J & J in Florida. Generally, there is a presumption that peremptory challenges are exercised in a nondiscriminatory manner. Business torts may include conspiracy, trade libel, misrepresentation, negligence, and other civil offenses. But there is a rule of appellate procedure that provides an exception when a reversal on appeal requires the entry of a money judgment, in which case, the interest runs from the date of the verdict. The client had entered into a retainer agreement for representation in a federal court fraud case, and the client was required to pay $50,000 as an initial non-refundable retainer, as well as an initial $50,000 if the case went to trial (if the trial lasted no more than four days) and then another $3,000 per day if it lasted longer, plus an additional $5,000 for sentencing. Later, State Farm asked its expert questions about those images, and the plaintiff objected arguing it was improper for a witness to comment on another witness’s testimony. TRIAL COURT ERRED IN ALLOWING THE PLAINTIFF TO PRESENT AN MRI EXHIBIT TO THE JURY WITH THE OPINIONS OF THE EXPERT SUPERIMPOSED ON THE IMAGES--ALTHOUGH THE IMAGES THEMSELVES WERE ADMISSIBLE, THE EXPERT’S ANNOTATIONS REPRESENTING HIS OPINIONS WERE NOT “FACTUAL FINDINGS”--ERROR TO PRECLUDE THE INSURER FROM USING THE EXHIBIT WITH ITS OWN EXPERT. In this case, the defendant contended that the record did not support a conclusion that the trial court properly conducted a step 3 genuineness analysis. In closing, plaintiff’s counsel asked for $11 million in non-economic damages for the wife, and $7 million for the daughter, informing the jury they could go lower or higher within its discretion. Julie Littky-Rubin | Jan 7, 2019 The Week in Torts - Cases from the Week of December 21, 2018 Categories: The Week In Torts. VOLUME 43, NUMBER 51. There was no evidence that the plaintiffs were forced to make a sudden emergency stop or otherwise take evasive action to avoid parked vehicles. Progressive Select Insurance Co. v. Bigney, 44 Fla. L. Weekly D62 (Fla. 5th DCA December 21, 2018): The plaintiff was injured, and sued the negligent driver, her own insurer and the defendant’s insurer, Progressive. V. GOODMAN, 275 U.S. 66 (1927) (the duty of due care does not apply in a case of negligence where there are clear legal standards that suggest the plaintiff was responsible) Bethel v. New York City Transit Authority, 703 N.E.2d 1214 (1998) (Holding that the duty of care owed by common carriers is no longer the same as it was in the 19th century.) In light of the evidence, including the lack of any prior incidents of this nature, and the general conditions of the neighborhood, the court upheld that the defendant’s negligence was not reasonably foreseeable by the homeowner’s association, and its failure to enforce its parking rules was not the proximate cause of the plaintiffs’ injuries. After noting certain smoking case specific references, the court also noted how R.J. Reynolds asserted that plaintiff’s counsel had improperly denigrated the defense. Business torts may be committed intentionally (e.g., by a competitor business) or may be caused by negligent or reckless behavior by individuals or other businesses. NON-ECONOMIC DAMAGE AWARDS OF $15 MILLION TO SPOUSE AND $6 MILLION TO 22-YEAR-OLD DAUGHTER WERE NOT EXCESSIVE--NO ERROR IN DENYING REMITTITUR OR NEW TRIAL ON DAMAGES. The court said that the defendant producing a component in one state, and selling it in a different state without directing action or activities to Florida as established through an affidavit, was enough to refute the jurisdictional allegations of the plaintiff’s complaint, requiring plaintiff to file a counter-affidavit to support her position. The inquiry is whether the defendant intentionally availed itself of the privilege of doing business in the forum state. Business torts are civil wrongs that are committed by or against an organization. The attorney ultimately sued the client for breach of contract. Ch. What Are the Leading Causes of Death in the United States? In 2019, we foresee much of this drug and medical device litigation continuing, along with the evolution of cases involving data breaches and toxic environmental torts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. They frequently involve harm done to the organization’s intangible assets, such as its business relationships with clients or its intellectual property. The court wrote that a manufacturer’s sale of a “component” to a party in a second state is insufficient, without more, to subject the manufacturer to the jurisdiction of a third state where the completed product was ultimately sold. The doctor interpreted the MRI and to explain his findings used an exhibit consisting of two images with typed labels restating his findings. The client never objected to the evidence. He argued they were necessary to prepare for the upcoming hearing on the motion to disqualify the attorneys that he had filed, and that the information could be obtained by any other means. The state argued there was a lack of preservation because the defendant failed to raise an issue of noncompliance with Melbourne, and the state contends that the record shows that the trial court complied with step 3. This was on a petition for certiorari, and the court concluded that forcing Progressive to litigate counts before they were ripe would somehow result in irreparable harm, thus granting the petition. ERROR TO FIND VIOLATION OF PARKING RULES WAS THE “PROXIMATE” CAUSE OF A REAR-END COLLISION WHICH OCCURRED WHILE PLAINTIFFS WERE STOPPED WAITING FOR ANOTHER VEHICLE TO PASS THROUGH PARKED CARS ON THE STREET--DEFENDANT’S FAILURE TO ENFORCE PARKING RULES WAS A CAUSE IN FACT OF THE INCIDENT, BUT NOT THE PROXIMATE CAUSE. Two attorneys and a paralegal were present at the meeting. Prod. We expect that there may be regulatory changes, particularly in the areas of discovery and jurisdiction, that are likely to impact these cases. By following the status of these cases, you’ll be prepared to properly serve your mass tort leads as they come in. However, the trial court had curtailed the procedure on ascertaining genuineness. Here, the court must ask the proponent of the strike to explain the reason for the strike. Respondents subpoenaed those lawyers and the paralegal for deposition. Torts are a pretty broad category, and many types of cases, from physical injury to invasion of privacy, are included under the term. Referencing to the statute, the court noted that the legislature had explicitly excluded gross negligence from the definition of negligence for injuries occurring in the non-spectator areas of the facility and thus the release could not bar the gross negligence claim. R.J. Reynolds Tobacco Co. v. Schleider, 44 Fla. L. Weekly D82 (Fla. 3rd DCA December 26, 2018): On this record, the jury in a tobacco case heard evidence from a wife regarding her husband’s illness, the difficulties they endured, the impact of his suffering and death upon their lives and future plans, and the fact that they had been married for 30 years, and his death had come shortly after they retired to the Keys. Plaintiff sought to introduce the two image exhibit with the labels into evidence. The tow truck driver had been instructed by an employee of the defendant, to back up in that direction. At defendant’s request for a race-neutral reason, the state responded that the juror would prefer CSI evidence and also that the defense had stricken two black females in their first round of strikes as well as black individuals for cause. In this case, the evidence showed that the plaintiffs had been stopped for a period of time before the defendant collided with them. Liability Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Read Business Torts updates, news, and legal commentary from leading lawyers and law firms: ... C.A. The court said it will continue to adhere to prior case law, and that the Melbourne procedure does not require the trial court to recite a perfect script or incant specific words in order to properly comply with its analysis. ... liability of an employer for allowing employees to leave the business premises intoxicated (See, Carol Air Systems v. Business Torts and crimes 1. … Damages – In many cases, plaintiffs that prevail in business torts are awarded monetary compensation for their damages (which requires a careful accounting of any past and future expected losses suffered). Fifth Circuit Holds that Corporations Have Standing to Sue for Racial Discrimination Under 42 U.S.C. 1MBA- 1V TRIMESTER (Weekend batch) 2. TORT TORT LAW IS BASED ON THE IDEA THAT EVERYONE IN OUR SOCIETY HAS CERTAIN RIGHTS Along With Having Certain Rights, Everyone Has The Duty to Respect the Rights of Others. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. The record demonstrates that the respondent failed to satisfy these requirements. The court observed, however, that a broader reading of the statute could allow a “per injury” limitation. The driver rear-ended the plaintiffs while they were stopped, waiting for two trucks to pass between two parked cars on the street. The state argued that trial judges are not required to perform a genuineness analysis or articulate a basis for the ruling, and then argued that the defense had stricken two black females itself after the state had accepted the panel, which helped the trial court to implicitly find that there was no pretext in the strike. BALTIMORE AND OHIO R.R. The trial court granted summary judgment in favor of defendants on all claims, the appeals court affirmed, and the Indiana Supreme Court reversed on the assault count. SECTION 768.28(5) LIMITS SOVEREIGN IMMUNITY WAIVER TO $200,000 WHEN THERE ARE MULTIPLE CLAIMS ARISING OUT OF THE SAME NEGLIGENT ACT--QUESTION CERTIFIED: DOES THE $200,000 CAP APPLY IRRESPECTIVE OF THE NUMBER OF CLAIMANTS. Still, Step 3 of the Melbourne analysis is the key in a protection against improper discrimination. Opioid By ADAM LIPTAK and JASON KAO UPDATED JUNE 27, 2019. Where the deposition of opposing counsel is at issue, the party seeking the deposition has the burden of meeting the three factor test which requires a showing that: (a) no other means exist to obtain the information than the deposition of the opposing counsel; (b) that the information sought is relevant and non-privileged, and finally, (c) that the information is crucial to the preparation of the case. Business Tort Cases Business Tort Case/Sale Of A Foreign Subsidiary. It explained that when a party seeks to recover previously incurred fees as an element of compensatory damages in a breach of contract action, that party is not required to provide an independent witness to corroborate the reasonableness of the fees. Heartland Express of Iowa v. Farber, 44 Fla. L. Weekly D10 (Fla. 1st DCA December 18, 2018): In this case, while the court had simply reversed the trial court’s order granting a new trial on the issue of punitive damages, it had affirmed the final judgment without further comment, and without any modification of the compensatory damages awarded. State of Florida, Department of Financial Services v. Barnett, 44 Fla. L. Weekly D221 (Fla. 4th DCA January 9, 2019): The Fourth District ruled that section 768.28(5) limits the sovereign immunity waiver to $200,000 (the statute was increased to a cap of $300,000 in 2016, after this case arose). The court said while some of the plaintiff’s counsel’s arguments did “approach the boundary” of what constitutes proper argument, they did not rise to the level of warranting a new trial. Foreign businesses whose products are sold in the forum state by third parties cannot be subjected to personal jurisdiction in the forum merely because they knew, should have known or even expected their products would reach that forum. The court’s focus is not on the reasonableness of the explanation but on its genuineness. Recent Case. Rule 9.340(c) is an exception to the general rule that interest runs from the date of the judgment. Because the plaintiff’s undisputed allegations established that the defendant placed its talc into the stream of commerce over a period of decades with the knowledge and intention it would be sold in Florida as the main ingredient in Johnson & Johnson’s widely available baby powder, defendant had sufficient minimal contacts with Florida, according to the dissent, to satisfy due process. Step 3 – The determination of genuineness. DELAWARE CORPORATION WITH PRINCIPAL PLACE OF BUSINESS IN CALIFORNIA AND NO CONTACTS WITH FLORIDA, NOT SUBJECT TO PERSONAL JURISDICTION EVEN WHERE THE COMPLETED PRODUCT CONTAINING THE COMPONENT PART WAS ULTIMATELY SOLD IN FLORIDA. The trial court found that the negligence mentioned in the release also barred the “gross negligence” claims plaintiff made. Plaintiff originally asserted general jurisdiction, but then agreed it was specific jurisdiction. § 1981 Without Requiring Proof of an Imputed Racial Identity. The court compelled the depositions over the petitioner’s emergency motion for protective order. When the Fourth District reversed, it advised the trial judge to reinstate the total damage award, but to modify the final judgment with respect to the other elements. Progressive moved to dismiss based on the nonjoinder statute, section 627.413(6)(1) which states that an injured third party may not file a direct action against a liability insurer for a cause of action covered by a liability insurance policy, without first obtaining a settlement against the insured or a verdict. WHEN APPELLATE COURT REVERSES AND REQUIRES “MODIFICATION” OF AN EXISTING JUDGMENT, INTEREST STILL RUNS FROM THE DATE OF THAT JUDGMENT (AND NOT THE VERDICT WHICH WOULD BE THE CASE IF THE APPELLATE COURT REVERSED FOR A JUDGMENT). Misrepresentation. FACTUAL ISSUES STILL EXISTED AS TO WHETHER THE DEFENDANT’S EMPLOYEE WAS GROSSLY NEGLIGENT, AND BECAUSE THE RELEASE THE VICTIM SIGNED DID NOT RELEASE ACTS OF GROSS NEGLIGENCE, IT WAS ERROR FOR THE TRIAL COURT TO ENTER SUMMARY JUDGMENT. If these claims are false, then the business may be liable for the tort of misrepresentation, known in some states as fraud. A party who uses a peremptory challenge is limited only by the rule that the challenge cannot be used to exclude members of a distinctive group. It is within the common experience that while driving, drivers will encounter traffic that is slowed or stopped for any number of reasons, and the law requires each driver to maintain a safe distance from the traffic to avoid rear-end collisions. The case was settled nearly a decade later after a long and expensive legal battle. Citing to the supreme court’s recent decision in Odom, the court said there is an inherent difficulty in measuring non-economic damages, and the jury’s award should not be disturbed unless it is so inordinately large as obviously to exceed the maximum limit of a reasonable range within which the jury may properly operate. Specifically, the defendant argued that the trial court did not review, analyze or conduct a judicial assessment of the reasons given by the state for striking the juror, and instead summarily ratified the peremptory challenge. Clark, Fountain, La Vista, Prather & Littky-Rubin, West Palm Beach Personal Injury Attorneys. Tort cases must prove that there was a duty, a breach of that duty, causation, and injury. Seminole Lakes Homeowner’s Association v. Esnard, 44 Fla. L. Weekly D43 (Fla. 4th DCA December 19, 2018): The case arose out of a car accident between the plaintiffs and another driver, which occurred inside the defendant’s community. The images were admissible, but the annotations were not “factual findings” and not admissible. California Torts - Injury Cases filed in California. As 2019 begins, there are a few new or ongoing mass tort cases to watch this year. Business Torts Derek Chafin 2020-09-25T19:30:58+00:00 Business Torts Our attorneys have handled a vast array of cases generally described as “business torts,” that is, wrongs inflicted upon another through some negligent or intentional act, or other misconduct, including: Negligence Claims Brought Against Protest Organizers: More on the Tort Law Side of Doe v.Mckesson, the Baton Rouge Black Lives Matter case (in … Plaintiff did not file an affidavit in response. The Fourth District certified conflict with two decisions which hold that a trial court is not required to perform a full genuineness analysis on the record every time a party initiates a Melbourne challenge. In fact, the trial court did not even allow the opposing counsel to respond to the allegation that no other means existed to obtain the information. As such, the interest award remained intact. The defendant, a Delaware corporation with its principal place of business in California, was engaged in the business of mining and distributing talcum powder. The trial court had also ruled as a matter of law that the defendant had not engaged in gross negligence. The court explained that State Farm correctly contended that the trial court erred in allowing the plaintiff to present the exhibit to the jury with the opinions superimposed on the images. The release addressed defendant’s negligent acts. "Panthers Park Your Phone" Distracted Driving Scholarship, Federal Self-Driving Vehicle Regulations Could Undermine Consumer Safety and Privacy. After the attorney rested, the client moved for a directed verdict on the grounds that the attorney failed to present independent expert testimony to establish the reasonableness of his fees, which the trial court granted. The parking situation was patently obvious to any and all drivers using the streets in the community. Alien Tort Statute Doe I … "Panthers Park Your Phone" Distracted Driving Scholarship, Partner Donald Fountain Lectures at Palm Beach County Bar Association CLE Seminar. It also refused to award punitive damages. The court concluded that at a minimum, Melbourne imposes a duty on trial courts at step 3 to request a response to the proffered explanation from the opponent of the peremptory challenge, once step 2 has been completed. Imerys Talc America, Inc. v. Ricketts, 44 Fla. L. Weekly D48 (Fla. 4th DCA December 19, 2018): The plaintiff sued several defendants based on allegedly dangerous and defective talcum powder which caused her ovarian cancer. But there was an exception for a case reported on by thecourt.ca. Simply because the defense had stricken two black females in the defendant’s first round of strikes was not some kind of an implicit finding that there was no pretext, but perhaps if the trial court had gone into that, that would have been a better basis. BUSINESS TORT CASES. State Farm v. Wallace, 44 Fla. L. Weekly D67 (Fla. 5th DCA December 21, 2018): The plaintiff was injured in an accident with an uninsured motorist. The Fourth District reversed. Clark, Fountain, La Vista, Prather & Littky-Rubin. What Are the Leading Causes of Death in the United States? Hundreds of product liability cases involving defective, faulty, hazardous and/or dangerous products have been reported, with legal responsibility taking center stage. Step 2 – A race-neutral explanation. Similarly, the trial court erred in precluding State Farm from using the admitted exhibit to obtain its own expert’s opinion of the same images. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. The Purpose of Tort Law is to Enforce Those Rights and Duties 2 This may include not only compensatory awards for actual damages (i.e. Valentine Rodriguez, P.A. While the issue of proximate causation is generally an issue for the trier of fact, there are instances where it should be decided as a matter of law, e.g., where there is an active and efficient intervening cause. Splitting shared assets in a divorce can be tough. He sued the Medleys for assault, among other torts. The ACFE believes that large, noteworthy fraud cases like Enron or Bernie Madoff will live on in infamy and provide valuable lessons for fraud fighters and the general public. The court explained that the case law has focused increasingly on step 3 of the Melbourne procedure, because there are still questions about how to properly apply the genuineness analysis. In this case, the court concluded that the record was devoid of any indication that the trial court had considered circumstances relevant to whether the peremptory challenge was exercised for a discriminatory purpose. Before we dive into the cases, we should explain what a tort is. v. Altomare, 44 Fla. L. Weekly D45 (Fla. 4th DCA December 19, 2018): An attorney sued his client for unpaid legal fees. Julie Littky-Rubin | Jan 22, 2019 The Week in Torts - Cases from the Week of January 4, 2019 Categories: The Week In Torts. Ultimately, the court found the errors were harmless. Litigating Business and Commercial Tort Cases covers the causes of action subsumed under the term “business torts.” The book explains the law for each cause of action and how to practice in each area for maximum effect. The appellate court said the record made it a question of fact. Teehan v. Florida East Coast Railway, 44 Fla. L. Weekly D3 (Fla. 1st DCA December 18, 2018): Without providing any facts in the opinion, the court reversed a trial court’s finding that the statute of limitations barred the plaintiff’s claim because he knew or should have known that he was injured more than three years before he filed suit. TRIAL COURT MUST FOLLOW THREE-STEP PROCEDURE SET OUT IN MELBOURNE WHEN PARTY OBJECTS TO A PEREMPTORY CHALLENGE FOR DISCRIMINATORY REASONS--AT A MINIMUM, MELBOURNE IMPOSES A DUTY ON TRIAL COURTS AT THE “GENUINENESS” STEP TO REQUEST A RESPONSE TO THE PROFFERED EXPLANATION FROM THE OPPONENT OF THE PEREMPTORY CHALLENGE--NEW TRIAL REQURED WHEN TRIAL COURT FAILS TO DETERMINE GENUINENESS OF FACIALLY RACE-NEUTRAL EXPLANATION. The decision to uphold or deny a peremptory challenge is reviewed for an abuse of discretion. At that point, the burden of production shifts to the proponent of the strike to come forward with a race-neutral explanation. 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