Matthew Lavisky | Butler Weihmuller Katz Craig The Florida Supreme Court ended 2020 with a bang! The Supreme Court amended Florida Rule of Civil Procedure 1.510 to adopt the federal summary judgment standard. This change will affect different types of civil litigation in varying ways. Here, we discuss how the change will affect bad faith litigation. Background of the amendment In 2019, Florida’s Fifth District Court of Appeal… Continue reading How will Florida’s Amended Summary Judgment Standard Affect Bad Faith Cases?
Tag: Summary Judgment
Floor Tile Defendant’s Motion for Summary Judgment Denied Due to Conflicting Expert Reports
Andrea M. Sciarratta | Goldberg Segalla In this action, defendant American Biltrite Inc. filed a motion for summary judgment, arguing that the plaintiff has failed to establish general or specific causation for the plaintiff’s lung cancer in relation to American Biltrite’s products. The deceased plaintiff had alleged that his fatal lung cancer was caused by… Continue reading Floor Tile Defendant’s Motion for Summary Judgment Denied Due to Conflicting Expert Reports
Insured’s Experts Excluded, But Insurer’s Motion for Summary Judgment Denied
Tred R. Eyerly | Insurance Law Hawaii Despite barring the insured’s expert witnesses from testifying as to the cause of the loss, lay witnesses were still available, making the district court’s award of summary judgment to the insurer improper. Greater Hall Temple Church of God v. Southern Mut. Church Ins. Co., 2020 U.S. App.… Continue reading Insured’s Experts Excluded, But Insurer’s Motion for Summary Judgment Denied
Genuine Dispute Summary Judgment Reversed for Abuse of Discretion and Trial of Fact Questions About Expert Opinions
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel In Fadeeff v. State Farm General Ins. Co. (No. A155691, filed 5/22/20 ord. pub. 6/8/20), a California appeals court held that triable issues of fact and the trial court’s failure to address a request for a continuance precluded summary judgment for an insurer under the genuine… Continue reading Genuine Dispute Summary Judgment Reversed for Abuse of Discretion and Trial of Fact Questions About Expert Opinions
Underestimating Work Doesn’t Make Contract Ambiguous
Lyndon F. Bittle | Carrington Coleman The Dallas Court of Appeals affirmed summary judgment for a general contractor, holding its subcontractor was bound by the contract price, even if the subcontractor underestimated the amount of work required to complete the project. Lancaster ISD hired Pogue Construction to build two elementary schools. Pogue subcontracted the excavation… Continue reading Underestimating Work Doesn’t Make Contract Ambiguous