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Articles Posted in Miscellaneous

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Jeffrey P. Gale, P.A. // The Truth About the McDonald’s Hot Coffee Case (or Exposing the Myth About “Frivolous Lawsuits”)

“Big Business,” for want of a better term, goes to great lengths to misinform the public about many different subjects, all for the purpose of advancing one cause: MAXIMIZING PROFITS! One of its most popular and successful themes is the notion that the country is suffering under an onslaught of “frivolous…

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Jeffrey P. Gale, P.A. // Tort “Reform” (Deform) Endangers Us All

On December 31, 2014, an article published in the Business Section of the Miami Herald, illustrated with chilling clarity the dangers posed by so-called tort reform. In a nutshell, “tort reform” is the movement supported by right-wing interest groups to block and limit recoveries in personal injury cases. The propaganda…

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Jeffrey P. Gale, P.A. // Florida Evidence Law – Impeaching on Collateral Issue Impermissible

Undermining a witness’ credibility can make the difference between winning or losing a case. A popular method of impeachment is by demonstrating differences in present and former testimony. This method is illustrated in this blog — Florida Personal Injury Law — No Substitute for Solid Pretrial Discovery The right to…

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Tort “Deform” Perpetrated by Right Wing to Deny Individuals of Constitutional Rights

Corporate America has campaigned for more than thirty years to brainwash average people into believing that America’s civil justice system is a bad thing. Sadly, the campaign has worked, fostering views contrary to one of the most fundamental principle on which America was founded: that the courts are to be…

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Relief from Fault in Florida: Exculpatory Clauses and Indemnity Agreements — Similar but Different Creatures

Florida entities seek advance protection from their own negligence in two ways: exculpatory clauses and indemnity agreements. An exculpatory clause purports to deny an injured party the right to recover damages from a person negligently causing his injury. Kitchens of the Oceans, Inc. v. McGladrey & Pullen LLP, 832 So.2d…

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Florida’s Third DCA Limits Personal Injury Duty Standard for Rental Car Companies

Our client was a passenger in a Dodge Dakota truck owned and leased by Enterprise Leasing Company, when it overturned two to three times on the highway at high speed. The driver, who had rented the truck from Enterprise, had fallen asleep at the wheel. Our severely injured client was…

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Random Thoughts From A Civil Jury Trial (Or What Every U.S. Citizen Should Experience)

For two weeks in November of 2013, I had the privilege of participating in a uniquely American experience. I participated in a civil jury trial in Orlando, Florida (in the Orange County Courthouse, the same courthouse in which Casey Anthony was on trial for first degree murder in the death…

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