Florida’s Judgmental Immunity Doctrine Shields Law Firm from Liability in Malpractice Action, Court Rules

TAMPA, Fla. — Florida’s judgmental immunity doctrine applies to a law firm’s decision not to use a particular expert witness at trial in support of a hurricane damage claim, the 11th Circuit U.S. Court of Appeals has ruled, upholding an award of summary judgment to the law firm.

In a June 19 opinion, the appellate court explained that the case is governed by the Florida Supreme Court’s articulation of the doctrine and the application of the doctrine by the Florida 3rd District Court of Appeal, whose precedent would have governed had the case been filed in state court.

In 2007, …