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

Timothy Kenison
Timothy Kenison | GoldLaw

Tim is a former medical malpractice defense attorney who represented hospitals and physicians from 2010 to 2020.

Live Video-Broadcast: June 19, 2024

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

$195.00 2 hour CLE

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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

Date / Time: June 19, 2024

  • 10:00 am – 12:10 pm Eastern
  • 9:00 am – 11:10 am Central
  • 8:00 am – 10:10 am Mountain
  • 7:00 am – 9:10 am Pacific

Closed-captioning available

Speakers

Timothy Kenison_FedBarTimothy Kenison | GoldLaw

Tim is a former medical malpractice defense attorney who represented hospitals and physicians from 2010 to 2020. Since 2020, he has been prosecuting medical negligence and other complex personal injury claims on behalf of injured parties. A graduate of the University of Florida and the Temple University Beasley School of Law, Tim began his career in 2004 at the Office of the Public Defender for the Fifteenth Judicial Circuit and was eligible for criminal trial board certification before he switched to the civil bar in 2010.

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