Category Archives: Tort Law

Alex B. Long, The Forgotten Role of Consent in Defamation and Employment Reference Cases

As has been well documented, the fear of defamation suits and related claims lead many employers to refuse to provide meaningful employment references. However, an employer who provides a negative reference concerning an employee enjoys a privilege in an ensuing … Continue reading

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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

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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