Category Archives: Liability Law

John Terwilleger, Can A Professional Limit Liability Contractually Under Florida Law?

Florida law is currently unclear on the issue of whether a professional may rely upon a limitation of liability clause in a professional services contract. Limitation of liability clauses are common in business contracts, especially in construction, a field that includes many professionals such … Continue reading

Posted in Contract Law, Liability Law, Tort Law | Comments Off

Stewart E. Sterk and Kimberly J. Brunelle, Zoning Finality: Reconceptualizing Res Judicata Doctrine in Land Use Cases

63 Fla. L. Rev. 1139 (2011)| | | ARTICLE :: Zoning disputes provide many Americans with their only firsthand exposure to the workings of democratic government. Land use issues trigger participation because neighbors perceive the wrong kind of development as … Continue reading

Posted in Civil Procedure, Environmental Law, Judicial Systems, Jurisprudence, Liability Law, Uncategorized | Comments Off

Benjamin J. Steinberg and Dwayne Antonio Robinson, Making BP’s Blood Curd-Le: Duty, Economic Loss, and the Potential Cardozian Nightmare after Curd v. Mosaic Fertilizer

63 Fla. L. Rev. 1245 (2011)| | | ARTICLE :: The traditional economic loss rule precludes plaintiffs-such as those affected by the BP Deepwater Horizon oil spill-from recovering losses not resulting from damage to person or property. Most states have … Continue reading

Posted in Economics, Liability Law, Property Law, Tort Law, Uncategorized | Comments Off

Adam Denver Griffin, The Federal Sentencing Guidelines’ Abuse of Trust Enhancement: An Argument for the Professional Discretion Approach

63 Fla. L. Rev. 457 (2011)| |   | | INTRODUCTION :: In a national issue of first impression for the circuit courts, the Eleventh Circuit, in United States v. Louis, held that a federally licensed firearm dealer who knowingly sells … Continue reading

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Brent Steinberg, The Graves Amendment: Putting to Death Florida’s Strict Vicarious Liability Law

62 Fla. L. Rev. 795 (2010) | | | | CASE COMMENT :: Ethan Ruby, a twenty-five-year-old Wall Street trader and former college athlete, was crossing Delancy Street in Manhattan when the driver of a Budget rental vehicle ran a … Continue reading

Posted in Constitutional Law, Insurance Law, Liability Law, Tort Law, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off