Wednesday, February 12, 2014

3d DCA Watch -- Merchants of Death Executive Summary Edition!

Hi kids!

The bunker takes on -- yet again -- the issue of post-Engle cigarette litigation with a reversal of a defense summary judgment based on the statute of limitations:
Based on the record evidence, the trial court entered final summary judgment
in favor of R.J. Reynolds, finding Belanger’s alleged cause of action was barred by the four-year statute of limitations. Specifically, the trial court concluded that Belanger’s cause of action accrued before the undisputed limitations bar date of May 5, 1990, as he had a “clear awareness . . . that cigarettes were killing him” as of August 29, 1981. We conclude that the holdings of Engle, Carter v. Brown & Williamson Tobacco Corp., 778 So. 2d 932 (Fla. 2000), and Frazier v. Philip Morris USA, Inc. , 89 So. 3d 937 (Fla. 3d DCA 2012), require reversal of the final summary judgment entered by the trial court. 
Judge Rothenberg dissented.

Big win for restauranteur/lawyer Jim Ferraro!

Hah hah a bank doesn't know how to authenticate its own mortgage documents.

Somebody is suing defunct Adorno & Yoss for legal malpractice -- is that the best use of your time?

(The bunker has now left the building.)

6 comments:

Anonymous said...

Very funny 3DW. What's with the freaky font?

South Florida Lawyers said...

I know!

I updated my Adobe and this is what happened -- at least it didn't default to Fraktur (hey, where else can you get font humor?)

Anonymous said...

Has Judge Rothenberg ever met a plaintiff's case that she liked? Her agenda is showing...again.

Godwhacker said...

Smoking was good for you until liberals came along and ruined it for everyone. Damn you Obama!

Anonymous said...

2:14-- I believe the correct answer is "No"

Anonymous said...

Why nothing about Jackie Scola getting reversed....again? She is setting a record for sure.

http://www.3dca.flcourts.org/opinions/3D12-2622.pdf