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11th Circ. Reverses $1M Fla. Wrongful Death Cap Decision

Law360, Miami (July 1, 2014, 7:20 PM EDT) -- The Eleventh Circuit on Tuesday reversed a district court's application of Florida's statutory cap on wrongful death noneconomic damages following the Florida Supreme Court's recent finding that it violates the equal protection clause of the state constitution.

The federal appeals court's ruling remands to district court the case brought by the family of Michelle McCall, who was in the U.S. Air Force and receiving care from Air Force family medical personnel when she died due to complications that arose when she was giving birth.

"The caps on wrongful death damages in Florida were unfair and discriminatory, particularly to multiple survivors, and...

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Case Information

Case Title

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Case Number

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Court

Florida Northern

Nature of Suit

Personal Inj. Med. Malpractice

Judge

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Date Filed

November 26, 2007

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