The decisions
- Trump v. Dow Jones & Co., Inc. (S.D. Fla., October 31, 2026) — A public-figure defamation complaint must plead actual malice with defendant-specific facts. A publisher's pre-publication outreach and its reporting of the subject's denial weigh against malice at the pleading stage. Read it →
- Hatcher v. Restorical, LLC d/b/a Sydonie Mansion (6th DCA, October 30, 2026) — Even with nuisance proven, a temporary injunction fails without evidence of irreparable harm. Some lost business, absent cancellations, unquantifiable loss or likely total destruction, is insufficient. Read it →
- Victoria Friend LLC v. Tamiami Airport Service Center, Inc. (3rd DCA, October 28, 2026) — Applying Perlmutter, trial courts may not deny leave to plead punitive damages under a 'shocking, outrageous, and immoral' test. The question is section 768.72(2)'s statutory definitions. Read it →
- Laguna v. The Berry Farm, LLC (3rd DCA, October 28, 2026) — Section 570.88 agritourism immunity depends on section 570.89 signage compliance. An operator seeking summary judgment on that defense must present evidence that would warrant a directed verdict. Read it →
- Allen v. Beth Israel Outpatient Surgical Center, LLC (4th DCA, October 28, 2026) — Affirms dismissal with prejudice of a shotgun complaint after six pleading attempts, confirming Rule 1.110(b) limits on wholesale incorporation and the specificity required for fraud claims. Read it →
- Federal Insurance Co. v. Perlmutter (4th DCA, October 7, 2026) — Under Perlmutter II, punitive amendments must satisfy both pleading and proffer. Group 'conspirator' allegations fail, intentional misconduct requires actual knowledge, and vicarious liability requires managing-agent involvement. Read it →
Plus 5 more personal injury decisions in October 2026 — all in the tracker.
The practical upshot
- On punitive-damages amendments, address both the pleading and the proffer, allege each defendant's specific acts, and argue under section 768.72(2)'s statutory definitions.
- When an immunity defense depends on statutory conditions such as agritourism signage, secure dated, contemporaneous proof of compliance. Contrary eyewitness testimony can defeat summary judgment.
- Draft count-specific complaints that do not incorporate all general allegations into every count. Repeated shotgun amendments risk dismissal with prejudice.
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