Florida Supreme Court Adopts Apex Doctrine, Provides Protections For High-Level Corporate Officials

• Published date: 10 September 2021
• Law Firm: Lewis Brisbois Bisgaard & Smith LLP
• Author: Ms Kristy Pantaleon and David Harvey

Historically, Florida state courts have allowed plaintiffs to depose a defendant's senior executives regardless of whether they have personal knowledge of the underlying claim, a tactic that has been used by some plaintiffs' counsel to exert pressure on the defendant. In federal court, however, this practice is prohibited by the 'Apex Doctrine.'

The good news is that the Florida Supreme Court has finally adopted the Apex Doctrine. On August 26, 2021, the court amended the Florida Rules of Civil Procedure following a certified question of the First District Court of Appeal in Suzuki Motor Corp. v. Winckler, 284 So. 3d 1107 (Fla. 1st DCA 2019). In Suzuki, a personal injury case, the plaintiff sought the deposition...