Perlmutter v. Federal Insurance Company
On June 11, 2026, the Florida Supreme Court, rejected a clear-and-convincing evidentiary threshold before pleadings may be amended to add punitive damages claims. The decision was a setback for WLF, whose brief was prepared with pro bono assistance from Frank Cruz-Alvarez and David M. Menichetti of Arnold & Porter LLP. In its amicus brief urging the court to embrace a heightened evidentiary standard, WLF argued that such a standard would protect defendants from overly broad and invasive discovery until a claim is substantiated. Ultimately the Court disagreed, expressing reluctance to set a trial-level standard of proof at the pleading stage without more explicit instruction from the Florida legislature.
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