Congratulations to Partner Ben Brodsky whose article "Refining Comparative Fault in Florida: A Causation Theory for Apportioning Fault" was published as the cover story in the January 2015 edition of The Florida Bar Jounal. The article argues that 

The comparative fault statute, F.S. §768.81, already foreshadows a "causation” analysis in apportioning fault. Subsection (3)(a)(2) provides that, “[i]n order to allocate any or all fault to a nonparty and include the named or unnamed nonparty on the verdict form for purposes of apportioning damages, a defendant must prove at trial, by a preponderance of the evidence, the fault of the nonparty in causing the plaintiff’s injuries.” What is needed further is a clarification of the statute by the legislature or courts that will ensure that defendants are held liable only for those damages that they caused. 

Mr. Brodsky's article can be read in its entirety here.