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Commentary: Florida Adoption of Federal Judgment Standard a Win for Insurers

January 6, 2021

The way liability claims are litigated in Florida will dramatically change, possibly shifting the balance of power in pre-trial negotiations closer to favoring defendants and their insurance companies after the Florida Supreme Court opted to adopt the federal summary judgment standard, effective May 1, 2021.

The impending rule change ordered by six of the seven justices in a Dec. 31, 2020 motion was prompted by a request for the court to answer a certified question from the Fifth District Court of Appeal in the case Wilsonart, LLC v. Lopez.

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