This article walks through the evolution of sovereign immunity public policy as reflected by changes to the Florida Rules of Appellate Procedure over the past 50 years. The fundamental tension inherent in the Florida Supreme Court’s opinions has been between timely resolution of sovereign immunity cases on one end and conservation of judicial ...
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. Brief History of Immunity.
Appellate Practice
https://www.floridabar.org/journal_article_section/appellate-practice/
The Evolution of Rule 9.130 and Appellate Review of Sovereign Immunity November/December 2022 James Sherman Appellate Practice Mel Brooks famously said in History of the World Part I, “it’s good to be the king.”[1] Undoubtedly, one of...
Riding the Red Rocket: Amendment 7 and the End to Discovery Immunity of ...
Riding the Red Rocket: Amendment 7 and the End to Discovery Immunity of Adverse Medical Incidents in the State of Florida. Vol. 83, No. 3 March 2009 Pg 20 J.B. Harris Featured Article. On November 2, 2004, voters in Florida overwhelmingly approved Amendment 7. 1 Known as the “Patients’ Right-to-Know About Adverse Medical Incidents ...
PDs don’t enjoy the same immunity as state attorneys
https://www.floridabar.org/the-florida-bar-news/pds-dont-enjoy-the-same-immunity-as-state-attorneys/
April 15, 2002 Regular News. PDs don’t 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.
Litigation Privilege Immunity: For Presuit Communications, It’s Not ...
Thankfully, there are security blankets that help lawyers sleep soundly. 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.
The Parental Immunity Doctrine: Is Insurer Bad Faith an Exception or ...
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 ...
A Primer on the Intentional-tort Exception to Employers’ Workers ...
A Primer on the Intentional-tort Exception to Employers’ Workers’ Compensation Immunity. Vol. 88, No. 10 December 2014 Pg 14 Peter D. Webster and Christine Davis Graves Featured Article. Florida’s Workers’ Compensation Law (F.S. Ch. 440) is intended “to assure the quick and efficient delivery of…benefits to an injured worker and to ...
No Time Like the Present: The Right to Immediate Appeal of Orders ...
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.
Sovereign immunity measure expected to change again
https://www.floridabar.org/the-florida-bar-news/sovereign-immunity-measure-expected-to-change-again/
Sovereign immunity measure expected to change again. Feb 27, 2022 By Jim Ash Senior Editor Top Stories. An attempt to raise the caps on claims against the government — otherwise known as sovereign immunity — remains a moving target. The latest iteration of SB 974, by Sen. Joe Gruters, R-Sarasota, evolved from $1 million per person and $3 ...