Thursday, April 12, 2012

3d DCA Watch -- Engle Progeny Edition!


When does a "bad cough" trigger the statute of limitations in a post-Engle Florida tobacco case?

Never, says the 3d:
In the direct appeal, Ms. Frazier relies upon a carefully-protected record on the statute of limitations evidence and on the jury instruction and verdict forms. Regarding the evidence, and in particular the speculative, clear-in-hindsight-only testimony of Dr. Schroeder, Ms. Frazier sought and obtained an appropriate order in limine, and she objected as well. Dr. Schroeder could not and did not render competent testimony about what Ms. Frazier knew or might reasonably have known regarding the “manifestations” of her Engle-eligible COPD/emphysema and the causal relationship of those manifestations to the cigarettes produced by the appellees. He violated the order in limine as his testimony ventured into what was not “manifest” in 1986 and 1987, whether to Ms. Frazier or her treating physician. The manifestations of her COPD/emphysema did not begin, on this record, until 1991, a date within the statutory limitations period.
Great opinion by Judge Salter!

Clark v. Bluewater Key:

Judge Shepherd dissents "en haec verba"  -- hmm, not familiar with that term -- does he mean In-A-Gadda-Da-Vidda?

(Warning on the video -- you will never get those 17 minutes back!).

AJH Property v. SunTrust:

Big win for Jared Beck in reversing a Judge Bagley summary judgment! 

In other news, CABA withdraws its sponsorship of Lawyer Appreciation Night at Marlins stadium.

Good and I agree -- it's difficult to appreciate most lawyers for even a minute, let alone a whole night. 


2 comments:

Anonymous said...

Directed verdict on limitations grounds?

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