Search results for: Immunity Articles

https://www.floridabar.org/the-florida-bar-journal/immunity-and-the-foreign-sovereign-an-introduction-to-the-fsia/

This article provides an overview of the FSIA and the immunity problem faced by the U.S. lawyer under the principal provisions of the act. It also examines the primary exceptions to immunity under the act that might allow a suit to proceed against the foreign state in a U.S. court. 2

https://www.floridabar.org/the-florida-bar-journal/how-broad-is-web-publisher-immunity-under-230-of-the-communications-decency-act-of-1996/

This article provides a brief review of the landscape of §230 immunity. It begins by discussing the background and current state of the law regarding immunity. It then summarizes some of the leading cases that illustrate situations where a Web publisher can most likely rely on immunity.

https://www.floridabar.org/the-florida-bar-journal/litigation-privilege-immunity-for-presuit-communications-its-not-absolute/

One of those is the litigation privilege — the venerable doctrine that litigants and their counsel are generally immune from liability for statements made during litigation, even when those statements are defamatory or otherwise damaging. 1.

https://www.floridabar.org/the-florida-bar-journal/rodriguez-v-miami-dade-countythe-florida-supreme-court-clarifies-certiorari-review-in-sovereign-immunity-cases/

On June 27, the Florida Supreme Court quashed the Third District’s decision and held that the county’s claim of sovereign immunity was not reviewable under a petition for writ of certiorari because there was no irreparable harm and because essential facts remained in dispute.

https://www.floridabar.org/the-florida-bar-news/pds-dont-enjoy-the-same-immunity-as-state-attorneys/

Public defenders do not have the same “judicial” immunity against lawsuits enjoyed by judges and state attorneys but they still are covered by sovereign immunity statutes, the Florida Supreme Court has said.

https://www.floridabar.org/the-florida-bar-journal/the-parental-immunity-doctrine-is-insurer-bad-faith-an-exception-or-should-the-doctrine-be-abolished/

The stated purpose of the parental immunity doctrine is to preserve family harmony and to protect family resources. The Florida Supreme Court has already recognized in Ard that changing conditions and the increasing availability of liability insurance coverage warranted waiver of immunity, at least to the limits of available insurance coverage ...

https://www.floridabar.org/the-florida-bar-journal/riding-the-red-rocket-amendment-7-and-the-end-to-discovery-immunity-of-adverse-medical-incidents-in-the-state-of-florida/

On November 2, 2004, voters in Florida overwhelmingly approved Amendment 7. 1 Known as the “Patients’ Right-to-Know About Adverse Medical Incidents,” Amendment 7 represents one of the most sweeping changes in law and public policy ever adopted in this state. 2 In one fell swoop the amendment has successfully breached the walls of ...

https://www.floridabar.org/the-florida-bar-journal/no-time-like-the-present-the-right-to-immediate-appeal-of-orders-addressing-workers-compensation-immunity/

This article examines the purpose of workers’ compensation immunity and the history of the right to immediate appeal of specific orders. It also explains the difference between appealable and nonappealable orders on workers’ compensation immunity.

https://www.floridabar.org/the-florida-bar-journal/neither-goose-nor-gander-why-tort-reform-fails-all/

Sovereign immunity is a type of legal protection that prevents the government from being sued for tort claims resulting from the negligence of government employees acting in the scope of said employment.

https://www.floridabar.org/the-florida-bar-journal/governmental-tort-liability-in-florida-a-tangled-web/

The article will trace the development of governmental immunity from the Commercial Carrier decision to the present and demonstrate that whether Florida government enjoys legal protection from tort liability has been largely dependent upon which ideology has dominated the Florida Supreme Court. Lastly, conclusions will be drawn about what ...