Insights & Updates
Insights from the Defense No. 4 Defining And Excluding Consequential Damages In Commercial Contracts To Create Certainty Around Infinite Contractual Liabilities
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
Insights from the Defense No. 3- Proposed HB 145 Will Increase The Cost Of Doing Business For Private Companies With Government Contracts
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
Insights from the Defense No. 2: Using Context of an Entire Contract To Determine Meaning and Intent
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
Weinstein Trial Firm Has Expert Witness Testimony Stricken Under Daubert
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
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
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
Five Month Anniversary of the Weinstein Trial Firm, PLLC
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
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
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
Stuart Weinstein, Esq., Successfully Defends Defense Verdict On Appeal in Florida’s Fifth District Court of Appeal
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
CEO, Stuart Weinstein, Has Been Awarded a Martindale-Hubbell AV Preeminent Peer Review Rating for 2025!
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
Legal Insights: Claims of Code Violations – Defending Against Misinterpretation and Misapplication
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.
Industry Insight: New Two-Way Communication Requirement in New Construction Elevator Systems
Industry Insight: New Two-Way Communication Requirement in New Construction Elevator Systems Effective in January of 2024, the State of Florida adopted certain portions of ASME’s (Association of Mechanical and Electrical Engineers) updated 2019 version of A17.1/CSA B44 Safety Code for Elevator and Escalators with the stated purpose to enhance safety
Industry Insight: Cybersecurity and Remote Interaction Operation in Elevator Systems
Industry Insight: Cybersecurity and Remote Interaction Operation in Elevator Systems The Weinstein Trial Firm has for decades followed developments that affect our manufacturing, service and vertical transportation clients. One area of rapidly changing codes and potential liability in 2025 involves increasing threats of cyber-attacks on elevator systems. Remote Interaction Operation