Firm News

• New Civil Procedure Rule on Mediation Attendance

  The Florida Supreme Court has approved a revision to Rule 1.720, F.R.C.P. governing mediation which became effective January 1, 2012. The new rule requires that attending parties have full authority to settle a case or they will face potential serious consequences. While considered beneficial to a mediator and the plaintiff attorney, the rule will place a higher burden on defense counsel to ensure complete and total compliance with Rule 1.720. For instance, the new rule (subsection (e)) now requires that 10 days prior to the mediation participants file a certification with the court and all parties advising who will be attending the mediation on behalf of the party and who has the authority to settle a case. Subsection (c), defining “party representative having full authority to settle” means the final decision-maker with respect to all issues presented by the case with legal capacity to execute a binding settlement agreement. Subsection (f), dealing with sanctions, provides that the court, upon motion, shall impose sanctions, including an award of mediation fees, attorney’s fees, and costs, for a party’s failure to appear at a duly noticed mediation conference without good cause. One of the problems this rule is designed to eliminate is the practice of parties/attorneys needing to call someone not at mediation to obtain authority.

  Please go to:

  http://www.floridabar.org to read the Florida Bar News Article on this new rule and http://www.floridasupremecourt.org for the rule itself. As always, please feel free to call the attorneys at Bell & Melamed should you wish to discuss this new civil procedure rule further.

• Firm obtains Summary Judgment in wrongful death claim against psychiatric hospital.

  Summary Judgment was awarded in a wrongful death claim involving a voluntarily admitted patient at a dual-diagnosis psychiatric hospital when the patient voluntarily discharged herself and died the next day from a drug overdose. The 5th Judicial Circuit Court, Hernando County, found that there was no duty owed to the patient because the accidental overdose was not foreseeable; any duty owed by the hospital ceased to exist when the patient was no longer in its care, custody or control; and the hospital’s actions in not preventing the patient from voluntarily discharging herself was not the legal, proximate cause of the death.

• Summary Judgment issued in case involving agent of a sovereign entity.

  The Firm defended a transportation company who operated pursuant to a contract with a sovereign entity and obtained summary judgment on the issue of sovereign immunity as the transportation company was deemed to be an agent of the County. The Court found that clear and unambiguous terms of the employment contract evidenced the degree of control necessary for the Court to find that the Defendant was an agent of the sovereign entity County.

• Defense Verdict in Mesothelioma Wrongful Death Case against DaimlerChrysler

  Jeff Bell led a team of lawyers in obtaining a defense jury verdict in a negligence and products liability mesothelioma wrongful death case brought by Theresa Bralish, as personal representative of the Estate of George L. Matiska vs. DaimlerChrysler Company LLC. Plaintiff claimed Chrysler disseminated dangerous products containing asbestos and failed to warn of the dangers of asbestos exposure, among other things. After deliberating for nearly two days, the jury found that Chrysler was not liable for Mr. Matiska’s death and that Chrysler did not place defective products on the market.

• MOST EFFECTIVE LAWYER: The Daily Business Review selected Jeffrey M. Bell as a finalist for the “Most Effective Lawyer” of 2009.

  The Daily Business Review selected Jeffrey M. Bell as a finalist for the 2009 Most Effective Lawyer for recognition of his achievement in the category of products liability for obtaining a defense verdict in a mesothelioma death case against DaimlerChrysler Company LLC (Bralish, as Personal Representative of the Estate of George L. Matiska v. DaimlerChrysler Company LLC).

• WHO’S WHO Recognizes Douglas B. Melamed 2009-2010

  Cambridge Who’s Who provided recognition of Douglas B. Melamed as an Honored Member for its 2009-2010 edition.

• Firm Successfully Defeats Class Action Certification in Construction Defect Case

  In a lengthy class certification hearing, the Firm successfully defended an architect from class certification claims brought by multiple condominium owners in Duval County, Florida. The Fourth Judicial Circuit Court, Duval County, entered detailed findings in the case of Gruber et al v. Julien Le Craw & Company Holdings, et al that prevent the case from going forward as a class action.

• Firm Obtains Reversal of Dade County Order Finding Florida’s Asbestos Statute Unconstitutional

  Jeff Bell obtained a reversal in the Third District Court of Appeal of a Dade County Circuit Court Order finding retroactive application of Florida’s Asbestos and Silica Compensation Fairness Act unconstitutional. In DaimlerChrysler Corp. v. Hurst, 949 So.2d 279 (Fla. 3rd DCA 2007), the Third District reversed the trial court and held that retroactive application of Florida’s asbestos law is constitutional.