Punitive Damages in Florida and the Intradistrict Conflict Regarding the Pleading Standard

Timothy Kenison
Timothy Kenison | GOLDLAW – Personal Injury Lawyers

Representing victims of negligence since January 2020, Tim brings a wealth of knowledge and insight from his experience defending hospitals and medical providers for the benefit of injured parties.

On-Demand: June 19, 2024

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2 hour CLE
Tuition: $195.00
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Program Summary

In 2022, the Florida Supreme Court amended Florida Rule of Appellate Procedure 9.130 to allow for review of nonfinal orders granting leave to assert punitive damages. Since then, Florida appellate courts have written opinions that have made the threshold for demonstrating a reasonable evidentiary basis to plead punitive damages in satisfaction of Fla. Stat. §768.72 more challenging and unclear. This webinar will review Federal Ins. v. Perlmutter, 48 Fla. L. Weekly D 2320 (Fla. 4th DCA Dec. 13, 2023) (en banc) and the intra district conflict it created as to the standard for pleading punitive damages in Florida state court.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Evidentiary standards for pleading of punitive damage for each of the six (6) Florida district courts and how they differ
  • Intentional misconduct and gross negligence – what the claimant must show in terms of reprehensibility to justify the granting of leave of punitive damages
  • Imputing employee misconduct to the corporation – what the claimant must show to successfully plead a punitive damages claim against a corporation

Closed-captioning available

Speakers

Timothy Kenison_FedBarTimothy Kenison | GOLDLAW – Personal Injury Lawyers

Representing victims of negligence since January 2020, Tim brings a wealth of knowledge and insight from his experience defending hospitals and medical providers for the benefit of injured parties. Tim also has the unique experience of having been both a trial attorney and appellate attorney, and he is as passionate about trying a case in the courtroom as he is with legal research and writing at his desk.

Agenda

I. Evidentiary standards for pleading of punitive damage for each of the six (6) Florida district courts and how they differ | 10:00am – 11:00am

Break | 11:00am – 11:10am

II. Intentional misconduct and gross negligence | 11:10am – 11:40am

III. Imputing employee misconduct to the corporation | 11:40am – 12:10pm

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