Insights from the Defense No. 4 Defining And Excluding Consequential Damages In Commercial Contracts To Create Certainty Around Infinite Contractual Liabilities
As business litigators we commonly see the phrase ‘consequential damages’ in our clients’ contracts with others. However, when questioning our clients—”What do you understand the consequential damages to include here?”—we learned that many of our clients do not quite understand what the phrase ‘consequential damages’ really means and what those damages include and do […]
Insights from the Defense No. 3- Proposed HB 145 Will Increase The Cost Of Doing Business For Private Companies With Government Contracts
In October of 2025, Representative Fiona McFarland filed (sponsored) House Bill 145 which proposes to raise sovereign immunity caps in multiple phases from the current caps of $200,000 per individual/$300,000 per incident to as high as $600,000 per individual/$1.2 million per incident at the final phased increase in October 1, 2031. House Bill 145 also […]
Insights from the Defense No. 2: Using Context of an Entire Contract To Determine Meaning and Intent
Implications of City of Gainesville v. Parkwood Alachua Land Investments, Inc. On October 1, 2025, the First District Court of Appeals issued an opinion in City of Gainesville v. Parkwood Alachua Land Investments, Inc., 2025 WL 2792459 (Fla. 1st DCA, Oct. 1, 2025) that provides a cogent message for interpretating contractual rights and obligations by […]
Weinstein Trial Firm Has Expert Witness Testimony Stricken Under Daubert
Stuart Weinstein, Esq., of Weinstein Trial Firm, PLLC successfully drafted and argued a Daubert motion to strike multiple opinions of a well-known plaintiff’s-side liability expert in the vertical transportation industry. This expert was retained by Plaintiff’s counsel to provide opinions supporting Plaintiff’s claims of negligent modernization and maintenance in a case involving two elevator events […]
Insights from the Defense No. 1- From Start to Finish: Some Tips To Preclude Extraneous “Other Instance” Evidence In Discovery Or From The Jury’s View
At the outset of litigation, defendants are oftentimes served with a barrage of discovery requests that are—objectively—overbroad, irrelevant and immaterial. Maybe cookie-cutter requests served by the plaintiff’s counsel in all cases, or maybe just a fishing expedition for the specific case, who knows. But from the inception of a case we, as defense […]
Five Month Anniversary of the Weinstein Trial Firm, PLLC
Today marks the 5-month anniversary of the Weinstein Trial Firm and we wanted to take a few minutes to reflect. The day before we left our former firm, we had an abstract view of what our new firm would look like. Confident in success, but unsure of its form. After a very successful four months, […]
Florida’s Fourth District Court of Appeals Reaffirms The Undertakers’ Doctrine As A Source Of Consultant’s Liability To Third Parties In Professional Negligence Claims
The Fourth District Court of Appeals has doubled-down on a liability-widening legal theory with the potential to open the courthouse doors to hundreds, or thousands of lawsuits against private contractors and consulting firms. Background Recently, 1,000 […]
Stuart Weinstein, Esq., Successfully Defends Defense Verdict On Appeal in Florida’s Fifth District Court of Appeal
Stuart Weinstein, Esq., on behalf of the Weinstein Trial Firm PLLC, just prevailed against Plaintiff’s appeal of the defense verdict that he earned for his client The Aliki Condominium Association, Inc., in the case of Holly Hill v. The Aliki Management Association, Inc. At trial, the Plaintiff contended she suffered severe and permanent physical […]
CEO, Stuart Weinstein, Has Been Awarded a Martindale-Hubbell AV Preeminent Peer Review Rating for 2025!
The Martindale-Hubbell AV Preeminent Peer Review Rating is awarded only to those lawyers who achieve the highest ethical standards, legal knowledge and professional ability. The AV Preeminent Rating is a testament to the fact that a large number of attorneys and judges who have worked with Stuart Weinstein rank him at the highest […]
Legal Insights: Claims of Code Violations – Defending Against Misinterpretation and Misapplication
Many of our clients’ businesses are regulated by various statutes, codes and ordinances, and we are frequently called upon to provide a defense against claims that certain business activities violated or otherwise failed to meet a particular regulation. In the case of a private person making such claims, it is usually phrased as a form […]