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12 Florida opinions name it 2 courts 1994–2021 1 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Villazon v. Prudential Health Care Plan, Inc.green2 sentences2006The Fourth District held that Villazon was not "applicable to an action founded on a theory of breach of contract," because, while Villazon denies the existence of a private cause of action under the HMO Act, it also "acknowledge[s] the plaintiff's underlying right to bring a common law negligence claim based upon the same allegations." Id. at 216 (citing Villazon, 843 So.2d at 852 ). 2004But as the court held in Villazon v. Prudential Health Care Plan Inc., 843 So.2d 842, 852 (Fla.2003), the chapter 400 remedies “do[ ] not ... preclude the right to bring a common law negligence claim based upon the same allegations.” We conclude that the PR should have been allowed to replead the common law negligence claim. | 1 | 3 |
Monroe v. Sarasota County School Bd.green1 sentence2018See Monroe, 746 So. 2d at 531 (holding that the general rule is "that bodily injury or property damage is an essential element of a cause of action in negligence," but recognizing that that essential element could be waived "under extraordinary circumstances which clearly justify judicial interference to protect a plaintiff's economic expectations"); Limones v. Sch. | 1 | 1 |
Greene v. Well Care HMO, Inc.green1 sentence2003See Greene, 778 So.2d at 1042 (holding that the plaintiffs should be "given the opportunity to amend the complaint and try to state a cause of action on these common law claims" based upon Well Care's alleged negligent failure to authorize medically necessary services "before the court rules that [no such cause of action] exists in relation to Well Care"). | 1 | 1 |
Whitt v. Silvermangreen1 sentence2001See id. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Curd v. Mosaic Fertilizer, LLC
green
2 sentences2018Curd v. Mosaic Fertilizer, LLC , 39 So.3d 1216 (Fla. 2010) (quashing Curd v. Mosaic Fertilizer, LLC , 993 So.2d 1078 (Fla. 2d DCA 2008) ). 2018Curd v. Mosaic Fertilizer, LLC, 39 So. 3d 1216 (Fla. 2010) (quashing Curd v. Mosaic Fertilizer, LLC, 993 So. 2d 1078 (Fla. 2d DCA 2008)). | 2 | 2018–2018 |
Curd v. Mosaic Fertilizer, LLC
green
2 sentences2018Curd v. Mosaic Fertilizer, LLC , 39 So.3d 1216 (Fla. 2010) (quashing Curd v. Mosaic Fertilizer, LLC , 993 So.2d 1078 (Fla. 2d DCA 2008) ). 2018Curd v. Mosaic Fertilizer, LLC, 39 So. 3d 1216 (Fla. 2010) (quashing Curd v. Mosaic Fertilizer, LLC, 993 So. 2d 1078 (Fla. 2d DCA 2008)). | 2 | 2018–2018 |
Peoples Gas System v. Posen Construction, Inc.
green
2 sentences2021The district court only addressed “costs” and “normally computed” in section 556.106(2)(a) and did not address sections 556.106(2)(b) or 556.106(2)(c). - 30 - recover damages paid to third parties or simply clarifies a common law negligence claim, and whether it authorizes damages incurred under circumstances as remote as these.” Id. at 1340 . 2021The Eleventh Circuit further concluded that the statutory term “losses” “may or may not include relatively remote indemnity payments to third parties in separate litigation proceedings.” Id. at 1341 . | 1 | 2021–2021 |
Westside EKG Associates v. Foundation Health
green
1 sentence2006The Fourth District held that Villazon was not "applicable to an action founded on a theory of breach of contract," because, while Villazon denies the existence of a private cause of action under the HMO Act, it also "acknowledge[s] the plaintiff's underlying right to bring a common law negligence claim based upon the same allegations." Id. at 216 (citing Villazon, 843 So.2d at 852 ). | 1 | 2006–2006 |
Whitt v. Silverman
green
1 sentence2005Specifically, the court in Whitt stated that the purpose of the decision in McCain is to "restate the general principles of negligence law and clarify the role that foreseeability plays in evaluating the duty and proximate cause elements of a common law negligence claim." Whitt, 788 So.2d at 216 . | 1 | 2005–2005 |
Corfan Banco v. Ocean Bank
green
1 sentence2003For instance, in Corfan Banco Asuncion Paraguay v. Ocean Bank, 715 So.2d 967 , [sic] (Fla. 3d DCA 1998), the third district held that section 670.207, Florida Statutes (1995), preempts a common law negligence claim relating to a wire transfer of funds between banks. | 1 | 2003–2003 |
Morales v. Trans World Airlines, Inc.
green
2 sentences1994The Heller Court noted that the purpose of the preemption provision was to ensure that states would not frustrate the purpose of the Airline Deregulation Act, which was to rely on competitive market forces to further "innovation, efficiency, and low prices," as well as "variety [and] quality of air transportation services." Heller, 1993 WL 330093 at *2 (quoting Morales, 504 U.S. ___ , ___, 112 S.Ct. 2031, 2034 , 119 L.Ed.2d 157 (1992)). 1994The Heller Court noted that the purpose of the preemption provision was to ensure that states would not frustrate the purpose of the Airline Deregulation Act, which was to rely on competitive market forces to further "innovation, efficiency, and low prices," as well as "variety [and] quality of air transportation services." Heller, 1993 WL 330093 at *2 (quoting Morales, 504 U.S. ___ , ___, 112 S.Ct. 2031, 2034 , 119 L.Ed.2d 157 (1992)). | 1 | 1994–1994 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.