R. Fred Lewis

Vreeland v. Ferrer

Supreme Court of Florida · 2011-07-08 · cited 8×

The case involved a wrongful death lawsuit filed by the estate of a passenger killed in an airplane crash against Aerolease, the owner-lessor of the aircraft. The plaintiff sought to hold Aerolease vicariously liable under Florida's dangerous instrumentality doctrine for the pilot's alleged negligence, as well as for Aerolease's own negligent maintenance and inspection. The trial court granted summary judgment to Aerolease, finding that federal statute 49 U.S.C. § 44112 preempted the state-law vicarious liability claim. The Florida Supreme Court held that the federal statute does not preempt Florida law because its liability limitation applies only to injuries occurring 'on land or water,' not to deaths occurring in flight, and therefore the vicarious liability claim could proceed.

torts & liabilityfederal power

Sosa v. SAFEWAY PREMIUM FINANCE CO.

Supreme Court of Florida · 2011-07-07 · cited 75×

This case arose from Lazaro Sosa's lawsuit against Safeway Premium Finance Company claiming that Safeway violated Florida statutes by knowingly charging an additional $20 service fee twice within a twelve-month period under premium finance agreements for automobile insurance. The trial court granted Sosa's motion for class certification, but the Third District Court of Appeal reversed, concluding that commonality and predominance requirements under Florida Rule of Civil Procedure 1.220 were not met. The Florida Supreme Court quashed the Third District's decision, ruling that the appellate court applied the wrong standard of review by failing to defer to the trial court's factual findings and instead conducting a de novo review instead of reviewing for abuse of discretion. The Court further held that the Third District erred in its analysis of the statutory "knowingly" requirement and class certification criteria, approving decisions from other districts that properly addressed commonality and predominance when a common course of conduct was alleged.

procedurebusiness & regulatory

GM v. State

Supreme Court of Florida · 2009-10-08

EAR v. State

Supreme Court of Florida · 2009-01-30 · cited 1×

Advisory Opinion to the Attorney General Re Standards for Establishing Legislative District Boundaries

Supreme Court of Florida · 2009-01-29 · cited 5×

Advisory Opinion to the Attorney General Re Standards for Establishing Legislative District Boundaries

Supreme Court of Florida · 2009-01-29 · cited 30×

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R. Fred Lewis

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Decision record