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Articles Posted in Negligence

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Florida Supreme Court Rules Statutory Caps on Non-Economic Damages Unconstitutional as Applied in Wrongful Death Medical Malpractice Case

After months of anticipation, the Supreme Court of Florida has issued its much-awaited decision in Estate of McCall v. United States of America. In a heavily divided opinion that spans nearly 100 pages, the majority of the court held that Florida’s statutorily imposed caps on wrongful death non-economic damages in…

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Update: Supreme Court of Florida to Address Several Questions Left in the Wake of McCall Decision

Fewer than five months after its formative opinion in McCall v. United States, the Supreme Court of Florida will once again examine the legality of Florida’s statutory caps on noneconomic damages in medical negligence suits. On June 4, the court will hear the oral argument in Miles v. Weingrad, which raises…

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