In a 4-3 majority opinion authored by Justice Peggy Quince, the Florida Supreme Court declared the Florida Legislature’s 2013 Daubert amendment to the Florida Evidence Code unconstitutional.Read More

If she or he is not a lawyer, no.Read More

A trial lawyer must always take special care to properly preserve a trial court’s errors relating to jury instructions.Read More

The owner of the TEMPUR-PEDIC bedding brand ("Plaintiff") has sued a number of defendants, including a former retailer as well as the owner of the THERAPEDIC bedding brand. Through that lawsuit, Plaintiff seeks to enjoin sales of the THERAPEDIC bedding.Read More

In Florida, the allowed timeframe for bringing a lawsuit based either on a defect in the design, planning, or construction of a building or based on other improvements to real property is governed by Fla. Stat. § 95.11(3)(c). The Florida Legislature recently passed House Bill 875, effectively amending Fla. Stat. §...Read More

Nope. The party seeking fees pursuant to a rejected Rule 68 Offer of Judgment still has the burden of showing a proper offer was made, was served, and was not accepted.Read More

As if the threat of local or state licensure investigations is not enough to induce an instant case of irritable bowel syndrome for a contractor that just realized they unwittingly ran afoul of state regulations – or already knew and just got caught - contractors would be wise to recognize that their missteps could land them in...Read More

Yes. Thursday, LLC and Klhip, Inc. are both retailers that use Amazon to sell nail clippers online. Klhip filed a number of claims with Amazon about Thursday. In response, Amazon would take Thursday down and investigate. Each time, Klhip's allegations have been found baseless (and Thursday's Amazon presence has been...Read More

Taser International, Inc. sued Phazzer Electronics, Inc. for patent infringement. The discovery history appears tortured.Read More

Construction contracts serve a vital role in every project to protect the interests of parties and dictate the roles and obligations of each interested entity. Parties to a contract must review and understand each term within a contract and the interplay such terms may have with one another. But what happens when a lawsuit is...Read More

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Shutts & Bowen, established in 1910, is a full-service business law firm with approximately 270 lawyers located in eight offices across Florida.

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