Florida/Georgia Personal Injury & Workers Compensation

...ments emanating from this state by companies who have decided to locate their headquarters here. I agree that the trial court did not abuse its discretion in the sanctions imposed on Morgan Stanley for substantial violations of court orders. [5] See § 768.725, Fla....

...If a claim for punitive damages is made pursuant to F.S. 624.155, use this instruction instead of instructions 503.1 and 503.2. For common law punitive damages claims, see instructions 503.1 and 503.2. 2. The committee has assumed that the clear and convincing evidence burden of proof provided in F.S. 768.725 applies to punitive damages claims made pursuant to F.S....

...constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct." § 768.72(2)(b). At trial, a plaintiff is required to establish the entitlement to an award of punitive damages by clear and convincing evidence. § 768.725. When claims for punitive damages are made, the respective provinces of the court and jury are well defined....

...However, we conclude that the letter does not create an issue of material fact as to bad faith and punitive damages. 6 Under Florida law, “the plaintiff must establish at trial, by clear and convincing evidence, its entitlement to an award of punitive damages.” Fla. Stat. § 768.725 (emphasis added)....

...That section provides that no claim for punitive damages may be permitted unless there is an evidentiary basis to support it. Id. Moreover, the party seeking punitive damages must establish their entitlement by clear and convincing evidence. Fl.St. § 768.725....

...ice; and 2. these acts were willful, wanton, and malicious, or in reckless disregard for the rights of the [insured] [beneficiary]. * Note: The Committee has assumed that the clear and convincing evidence burden of proof provided in Florida Statutes section 768.725 applies to punitive damages claims made pursuant to Florida Statutes section 624.155....

...order granting leave to amend to assert claims for punitive damages. 5 Our opinion is limited to the issue before us, which is whether Arevalo satisfied the punitive damages pleading requirement. We express no opinion on the merits of Arevalo’s punitive damages claims. See § 768.725 (“In all civil actions, the plaintiff must establish at trial, by clear and convincing evidence, its entitlement to an award of punitive damages....

...ich the juries had been instructed using the same or substantially similar instruction . . . .” Id. at 646. The court further explained that “[t]he Estate bore the burden to prove entitlement to punitive damages by clear and convincing evidence. § 768.725, Fla....

...concern, and what they convey, in their context, is what the text means.’” Ham v. Portfolio Recovery Assocs., LLC, 308 So. 3d 942, 946 (Fla. 2020) (quoting Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 56 (2012)). Section 768.725, Florida Statutes (2024), governs the plaintiff’s burdens of proof in a punitive damages action: In all civil actions, the plaintiff must establish at trial, by clear and convincing evidence, its entitlement to an award of punitive damages....

...2d 523 (Fla. 3d DCA 1987); Lawson v. Latham, 564 So. 2d 1216 (Fla. 3d DCA 1990); and ICMfg & Assocs., Inc. v. Bare Bd. Grp., Inc., 238 So. 3d 326 (Fla. 2d DCA 2017). However, none of these 16 cases discusses section 768.725. Indeed, two of the cases were decided before 1999, which is when the statute was enacted. See Ch. 99-225, § 21, Laws of Fla. Moreover, in ICMfg, which was decided after section 768.725’s enactment but does not contain discussion of any provision in Chapter 768, the trial court found that despite the default, the counter-plaintiff had proven entitlement to punitive damages....

...3d at 332 (“Although the trial court had previously entered a default on liability against the Appellants, it specifically found that [the counter-plaintiff] had proven the elements of each cause of action alleged in its counterclaim.”). Because section 768.725 requires the Tenant to “establish at trial, by clear and convincing evidence, its entitlement to an award of punitive damages[,]” we reverse the punitive damages award and remand for a trial on entitlement. C....

...1975) (punitive damages award upheld where evidence showed a continued course of dishonest dealing on the part of the insurer toward the insured). A party must establish its entitlement to an award of punitive damages by clear and convincing evidence. Fla. Stat. § 768.725....

...egislation that it was “revising provisions with respect to limitations on punitive damages; providing monetary limitations; providing for the effect of certain previous punitive damages awards.” Ch. 99-225, Laws of Fla. It also enacted sections 768.725, .735, .736, and .737, Florida Statutes. Ch. 99-225, Laws of Fla. Relevant here, section 768.725 was enacted to “provid[e] for evidentiary standards for an award of punitive damages.” Ch....

...espect to the amount of the punitive damages award. Because the Tenant did not establish at trial, by clear and convincing evidence, entitlement to punitive damages, we reversed the punitive damages award and remanded for further proceedings. See § 768.725, Fla....