Insights — Black Law P.A.

Civil Practice · July 3, 2026

No More "Unified Claim" Exception: Florida Reinstates Strict Apportionment for Joint Proposals

The Florida Supreme Court's July 2, 2026 decision in Trace Elements, Inc. v. Mackensen, No. SC2024-1274, holds that Florida Rule of Civil Procedure 1.442(c)(3) requires apportionment of every joint proposal for settlement — even one resolving a single, unified claim. The Court quashes the Fourth DCA, overrules the Hall "unified claim" exception, and approves the Second DCA's Cobb v. Durando line. Practice-level takeaways for any Florida practitioner drafting or receiving proposals under § 768.79.

By Kelsey Black, Esq. · 7-minute read · For Florida civil practitioners

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Civil Practice · July 2, 2026

Perlmutter Recalibrates Florida's Punitive Damages Pleading Standard

The Florida Supreme Court's June 11, 2026 decision in Perlmutter v. Federal Insurance Co. holds that the clear-and-convincing standard from § 768.72(2) does not apply at the § 768.72(1) pleading stage, and that the trial court considers only the claimant's evidence — quashing the Fourth DCA's en banc decision below. Practice-level takeaways for plaintiffs' and defense counsel handling motions to plead punitive damages in Florida.

By Kelsey Black, Esq. · 7-minute read · For Florida civil practitioners

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Civil Practice · June 30, 2026

Best&Beam v. Silverstone: The Third DCA on Unpled Theories at Summary Judgment

A per curiam reversal from Florida's Third District Court of Appeal restates a forty-year-old rule with fresh 2026 authority: a trial court cannot grant summary judgment on a theory that was never pled in the complaint. Practice-level takeaways for both plaintiffs' and defense counsel — plus what the case says about the growing tension between text-message dealings and written contracts.

By Kelsey Black, Esq. · 5-minute read · For Florida civil practitioners

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AI & Legal Technology · June 26, 2026

Thinking of Using ChatGPT to Research Your Legal Problem? It May Not Stay Private

Recent court decisions make one thing clear: what you type into ChatGPT or Claude can be demanded by the other side in a civil lawsuit, and it is usually not protected by the attorney-client privilege. What NYT v. Microsoft, U.S. v. Heppner, and Warner v. Gilbarco mean for you, plus four practical rules for keeping your conversations privileged.

By Kelsey Black, Esq. · 7-minute read

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Platform & Advertising · June 19, 2026

Suspended for Fraud on Google Ads: How to Appeal When It Wasn't You

Google's automated review systems flag thousands of advertiser accounts every week — many belonging to legitimate businesses that did nothing wrong. What the suspension actually means, what NOT to do in the first 24 hours, and how to position the appeal for reinstatement — including when to engage counsel.

By Kelsey Black, Esq. · 8-minute read

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Healthcare Regulatory · June 17, 2026

The Absentee Medical Director: What Florida Law Actually Requires — and Where the Risk Sits

A petition before the Board of Medicine, a misstated rule everyone seems to repeat, and a structural problem nobody is fixing: the medical director who lends a license to a Florida med spa and is never there. Here's what the law actually requires, why the absentee arrangement is riskier than physicians and owners assume, and what to do about it.

By Kelsey Black, Esq. · 6-minute read

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Federal Litigation · June 9, 2026

When the Whistle Stops: The Eleventh Circuit Weighs the Future of the False Claims Act's Qui Tam Provisions

A federal court in Florida has declared the False Claims Act's qui tam provisions unconstitutional. The Eleventh Circuit heard argument in Zafirov v. Florida Medical Associates in December 2025, and a circuit split could send the question to the U.S. Supreme Court — with consequences for every FCA matter nationwide.

By Kelsey Black, Esq. · 7-minute read

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Labor & Employment · May 28, 2026

Florida Supreme Court Clarifies What Employees Must Prove in Whistleblower Retaliation Cases

In Gessner v. Southern Co., the Florida Supreme Court resolves a years-long split among the District Courts of Appeal and rejects the "reasonable belief" standard. Employees must now prove the objected-to conduct is, by definition, a violation of a law, rule, or regulation — giving Florida employers a clearer framework for evaluating and defending Private Whistleblower's Act retaliation claims.

By Kelsey Black, Esq. · 6-minute read

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Florida Litigation · April 8, 2026

A Six-Decade Florida Practice on Attorney's Fees Just Got Upended

On March 20, 2026, Florida's Sixth DCA held in Ruffenach v. Deutsche Bank that no evidentiary hearing or expert testimony is required to support a fee award — and certified direct conflict with 37 decisions from the other DCAs, all but guaranteeing Florida Supreme Court review.

By Kelsey Black, Esq. · 7-minute read

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Florida Litigation · May 30, 2026

Florida's New Statewide AI Rule: What Changed and What to Do About It

A single statewide certification rule replaces the patchwork of circuit-level AI disclosure orders, effective June 15, 2026. Here's what the new Florida Supreme Court rule requires, what the Broward and Miami-Dade local orders had required, and what should change in a Florida litigator's workflow.

By Kelsey Black, Esq. · 4-minute read

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Transportation Law · May 18, 2026

Montgomery v. Caribe Transport: What Florida Brokers, Carriers, and Shippers Need to Know

A unanimous Supreme Court has stripped freight brokers of the federal-preemption defense they had relied on in the Eleventh Circuit. Here's what changed in Montgomery v. Caribe Transport, why Florida brokers are now squarely exposed to state negligent-hiring claims, and the six practical steps to harden a carrier-selection file.

By Kelsey Black, Esq. · 5-minute read

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Brand & Reseller Litigation · May 5, 2026

Gray Market vs. Counterfeit: Why the Line Matters Less Than You'd Think for Resellers in 2026

The legal categories are clear: counterfeit is fake; gray-market is real-but-unauthorized. The enforcement infrastructure does not respect the difference. A reseller-side guide to surviving in a marketplace where genuine goods routinely get treated like counterfeits — and the documentation that keeps an account open.

By Kelsey Black, Esq. · 6-minute read

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