Category Archives: Tort Law

Daniel J. DiMatteo, To Enforce a Privacy Right: The Sovereign Immunity Canon and the Privacy Act’s Civil Remedies Provision After Cooper

In 2005, a joint investigation between separate government agencies revealed that Stanmore Cooper, a pilot, failed to disclose to the Federal Aviation Administration that he was HIV positive. Cooper sued the agencies in the United States District Court for the Northern District … Continue reading

Posted in Civil Rights Law, Labor & Employment Law, Tort Law | Comments Off

Laura M. Beard, Small Claims, Big Recovery: Proposals For Settlement in Florida’s Small Claims Courts Post-Nichols

After a debilitating car accident left Shannon Nichols injured and saddled with nearly $10,000 in medical bills, she sought only one thing—a road to recovery. Instead, Nichols faced a harrowing reality—after turning down a proposal for settlement from her insurer and losing … Continue reading

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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

Allison Fischman, Case Comment: Preserving Legal Avenues For Climate Justice In Florida Post-American Electric Power

64 Fla. L. Rev. 295 (2012)|

Posted in Constitutional Law, Energy & Utilities Law, Environmental Law, Tort Law | Comments Off

Steven L. Schwarcz, Compensating Market Value Losses: Rethinking the Theory of Damages in a Market Economy

63 Fla. L. Rev. 1053 (2011)| | | ARTICLE :: The BP Deepwater Horizon oil spill and the Toyota car recalls have highlighted an important legal anomaly that has been overlooked by scholars: judicial inconsistency and confusion in ruling whether … Continue reading

Posted in Attorney Practice, Contract Law, Securities Law, Tort Law | 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