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Carlton Fields’ Bruce J. Berman and Peter D. Webster Co-Author New Edition of “Berman’s Florida Civil Procedure”

Highlights Include New Material Regarding Class Actions and Proposals for Settlement
Miami, Fla. – Carlton Fields Shareholders Bruce J. Berman and Peter D. Webster published a new edition of the book Berman’s Florida Civil Procedure, 2019 ed. (Vol. 4., Florida Practice Series™) (Thomson Reuters). This is a leading treatise on Florida state practice and procedure, published annually since 1998.
The new edition can be purchased by clicking here
The book is considered one of the most authoritative treatises on procedure in the Florida courts. It addresses civil procedure on a rule-by-rule basis, with all the rules cross-referenced to modern case law. There is extensive coverage on class actions, offers of judgment, forum non conveniens, and evolving discovery provisions. The text includes the latest procedural issues, rule amendments, incorporated portions of the Florida Rules of Judicial Administration and thousands of citations to the most recent cases. The work also compares Florida’s procedural rules with the Federal Rules of Civil Procedure, including references to the local rules of each of the three federal districts in the state.
In this edition, which was updated through December 31, 2018, the most significant changes include substantial new material regarding class actions, including a new section addressing whether a defense that would apply to the named class representative but not to other potential class members might preclude findings of commonality, typicality, or predominance. This edition also includes new material regarding proposals for settlement, including discussion of a Florida Supreme Court decision addressing how much specificity is needed in a proposal to satisfy Section 768.79, West’s F.S.A., and Rule 1.442.
Other updates include a new section discussing the 2018 addition of subdivision (e) (“Proceedings Supplementary”) to Rule 1.570 in response to 2016 statutory amendments to chapter 56, West’s F.S.A., an extensive discussion of amendments to the Florida Rules of Judicial Administration, and details of several key 2018 Florida Supreme Court decisions.
Berman focuses his nationwide practice on large and complex commercial disputes in federal and state trial and appellate courts, and in domestic and international arbitration tribunals. He represents U.S. and international clients in cases spanning a wide range of substantive law including securities, aviation, health, intellectual property (copyright, trademark and unfair competition), corporate finance, mergers and acquisitions, real estate and commercial lending (real estate, asset-based and lease financing), among others.
Berman has been recognized as a leading lawyer internationally, nationally and locally by, among others, Chambers USA (for commercial litigation since first issuing Florida rankings), the National Corporate Counsel Edition of Super Lawyers (for Florida Business Litigation), Florida Trend’s Legal Elite and Florida Super Lawyers, in addition to being selected for biographical reference in Who’s Who in the World, Who’s Who in America, and Who’s Who in American Law. He received his J.D. from Boston University School of Law, his M.B.A. from Columbia University and his B.A. from Williams College.
Webster has had a distinguished career in judicial service, spanning more than 25 years. He served as a circuit judge in Florida’s Fourth Judicial Circuit from 1986 until his appointment to the Florida First District Court of Appeal in 1991. He remained on that court until his retirement in 2011, authoring hundreds of opinions. He also earned numerous honors, including three nominations to the Florida Supreme Court and a nomination to the United States District Court for the Northern District of Florida. Since joining Carlton Fields, he has focused principally on appellate practice, as well as handling significant legal issues at the trial level.
Webster has served on numerous bar and court committees, including as a member of the American Bar Association House of Delegates and a Trustee of the American Inns of Court Foundation. He was an adjunct professor at Florida Coastal School of Law for nine years. He received his LL.M. from the University of Virginia School of Law, his J.D. with distinction from Duke University School of Law, and his B.S.F.S., magna cum laude, from Georgetown University’s Edmund A. Walsh School of Foreign Service.


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