(Fl., filed March 20, 2025): Section 768.72 of Florida law deliberately altered the common law to raise the evidentiary burden for recovering punitive damages. Courts must apply the clear and convincing evidence standard and weigh evidence at the gatekeeping phase. The statute also requires weighing of evidence identified by both parties. Also arguing that the Florida Supreme Court should amend rule 1.190(f) to codify the standard for amending a claim to assert punitive damages.
