News & Analysis as of

Sovereign Immunity Florida

Carlton Fields

Florida Appeals Court Decisions Week of July 14 - 18, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Walmart v. King - APA, ALJs, constitutional challenge - Gray v. Birchfield - employment, harassment, punitive damages, assault, battery - USA v. Rowe - prior panel precedent...more

Carlton Fields

Florida Appeals Court Decisions Week of June 2 - 6, 2025

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U.S. Eleventh Circuit Court of Appeals  - Roth v. Russell - ’34 Act, §16(b) - Sweet Additions v. Meelunie Am - sales contract - USA v. Dubois - Second Amendment, felons with firearms...more

Marshall Dennehey

Appeals Court Upholds Sovereign Immunity, Dismisses PIP Reimbursement Suit Against School Board

Marshall Dennehey on

School Board of Marion County v. State Farm Mutual Automobile Insurance Company, 397 So. 3d 248 (Fla. 5th DCA Nov. 21, 2024) - An insurance carrier sought reimbursement for PIP benefits paid following a school bus accident,...more

Carlton Fields

Florida Appeals Court Decisions Week of May 12 - 16, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Maron v. Fla CFO - Florida Unclaimed Property Act, taking, sovereign immunity - USA v. Solomon - sentencing, Hobbs Act - HM Fla v. Fla DBPR - obscenity, First Amendment - ...more

Carlton Fields

Florida Appeals Court Decisions: Week of October 14-18, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Siples v. BR Exploration – Daubert, causation testimony, toxic exposure - Lozman v. Riviera Bch – eminent domain, comprehensive plan, ripeness - Hidroelectrica Santa Rita v....more

Rumberger | Kirk

Florida’s Limited Waiver of Sovereign Immunity Requires Proof that Pre-Suit Statutory Notice of Claim Actually be Received within...

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Sovereign immunity stands for the long-standing premise that the government cannot be sued without its consent. The immunity applies to the State of Florida and all subdivisions of the state, including counties,...more

Rumberger | Kirk

Florida Supreme Court Limits Amount of Recovery in Mass Events

Rumberger | Kirk on

In Barnett v. State Department of Financial Services, No. SC19-87, ––– So.3d ––––, 2020 WL 5667286 (Fla. Sept. 24, 2020), the Florida Supreme Court ruled that when multiple claims of injury are brought against the State (or...more

Rumberger | Kirk

3rd DCA Confirms Sovereign Immunity Applies to Private Entities Providing Healthcare to State Institutions

Rumberger | Kirk on

In Lazzari v. Guzman, M.D., No. 3D19-597, 2020 WL 6302405(Fla. 3d DCA Oct. 28, 2020), the Third DCA upheld a trial court’s ruling that the University of Miami Miller School of Medicine (“UM”) was entitled to sovereign...more

Searcy Denney Scarola Barnhart & Shipley

Agency Overseeing Florida Nursing Homes Asks for ‘Sovereign Immunity’ for Corporate Nursing Home Industry

In a state with more residents age 65 and older than any in the country, the coronavirus portends a serious and terrifying scenario in Florida. Health experts say COVID-19 impacts that population a lot harsher, and they are...more

Butler Weihmuller Katz Craig LLP

Florida Supreme Court Rewrites The Rules, Lifting Restrictions On The Immediate Appeal Of Orders Denying Absolute, Qualified, Or...

Florida Supreme Court rewrites the rules, lifting restrictions on the immediate appeal of orders denying absolute, qualified, or sovereign immunity. For those who have kept abreast of the latest opinions issued by the...more

Rumberger | Kirk

Florida Makes It Easier to Appeal Non-Final Orders Denying State Immunity

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Impact of Amendments to Florida Rule of Appellate Procedure 9.130 and Florida Highway Patrol v. Jackson on Governmental Entities and Employees If you are a State Agency,  City, County, Sheriff’s Office, School Board, Police...more

Carlton Fields

Florida Supreme Court Opens the Door to New Class of Interlocutory Appeals

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On January 23, 2020, the Florida Supreme Court changed the Florida Rules of Appellate Procedure to create a new class of interlocutory appeals and expand the right to bring other appeals from nonfinal orders....more

Womble Bond Dickinson

State Universities Gain Immunity from IPRs

Womble Bond Dickinson on

State Universities Gain Immunity from IPRs - Today, many universities own extensive patent portfolios that are managed by sophisticated tech transfer offices. Universities obtain these patents for many reasons, not the...more

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