terry's takes
Filtered by category: statute of limitations floridaMarch 11, 2024
11th circuit court of appeals, statute of limitations floridaWainberg v. Mellichamp
Dr. Robert H. Wainberg, a tenured professor at Piedmont University, brought a suit under 42 U.S.C. § 1985 against university officers, alleging a conspiracy to retaliate against him for filing a previous lawsuit and to deter witness participation. While the district court dismissed his claims as time-barred, the Eleventh Circuit ruled in Wainberg’s favor on appeal, clarifying that conspiracy claims under § 1985 do not accrue at the first overt act but continue with each overt act within the statutory period. The case was remanded for further proceedings, allowing Wainberg’s timely conspiracy claims to proceed.
read moreJune 29, 2023
supreme court of florida, statute of limitations florida, statute of repose, vicarious liabilityTsuji v. Fleet
the supreme court of florida resolved an express and direct conflict between the first and fourth dca regarding the statute of limitations for a negligence case against a deceased defendant. section 733.710(1), fla. stat. (2013), allows two years to bri...
read moreMarch 29, 2023
3rd dca, medical malpractice, statute of limitations florida, summary judgement standardReyes v. Baptist Health South Florida Foundation, Inc.
this is a huge win for plaintiffs regarding accrual of the statute of limitations for medical malpractice cases. in 2005, a child was born with a neurological injury that the parents allege were caused by the medical malpractice of baptist.
read moreMarch 22, 2023
3rd dca, statute of limitations floridaJohn Doe 1 v. Archdiocese of Miami, Inc.
john doe, age 29 at the time of filing his lawsuit, is seeking damages from the archdiocese for its alleged intentional acts related to the sexual abuse by a priest when doe was under the age of 16.
read moreContact Us
Our Promise
Aggressive Litigation. Honest Representation. Dedicated Communication. Respect and Compassion.
