Legal Update

2024

January / February

  • Proper Causation Standard in FMLA and Whistleblower Claims is But-For Causation
  • The Basics of Understanding the Exclusion of Expert Testimony
  • Eleventh Circuit Affirms Dismissal of 42 U.S.C. § 1983 Violation of Civil Rights Claims Pursuant to Bodycam Video
  • Miami-Dade Jury Awards School Student Pain and Suffering Damages Twenty-Six Times Greater than Medical Expenses for Broken Arm
  • Firm Success

2023

November / December

  • Liability Under the Dangerous Instrumentality Doctrine Does Not Multiply with a Shared Vehicle
  • Law Enforcement – Public Records -Marsy’s Law
  • Fourth District Court of Appeal Denies Standing to Restaurant to Challenge Settlement Agreement between a City and the State of Florida
  • The Potential Liabilities from Trees
  • Firm Success

September / October

  • Eleventh Circuit Defines Legal Standard for Student-on-Student Race-Based Harassment Claims
  • Should a Corporation Carry Uninsured Motorist Protection for Employees and Vehicles Occupants?
  • Appellate Court Clarifies Requirements of Written Complaint Under Whistle-Blower’s Act
  • Firm Success

July / August

  • Letters of Protection – Required Disclosures
  • If We Win the Case, Do We Get Fees?
  • Landowner Prevails in Premises Liability Claim Based on Depression in a Raised Landscaped Area of Parking Lot
  • No More Tik Tok for Florida Government
  • Firm Success
  • Firm News

May / June

  • Torts-Premises Liability-Discovery
  • Florida’s New Tort Reforms Expand the Scope of Damages Discovery
  • Auto Negligence Claims
  • 2023 Regular Legislative Session Update

March / April

  • Florida Legislature Passes Landmark Tort Reform Bill
  • Sunshine Law Violation Through Inadvertent Late Production of Meeting Minutes
  • Appellate Court Finds Limitations of Life Care Planners
  • Insurance-Bad Faith-Claims Handling
  • Civil Remedy Notice Response: Object, Object, Object!
  • Firm Success

January / February

  • Limitations on Liability to Persons Who Make Land Available for Public Use
  • Florida’s New Sixth District Court of Appeal Provides Clean Slate
  • The Importance of the Opening Session at Mediation
  • Federal Judge Rules on State Attorney’s Lawsuit Against Governor Ron DeSantis
  • Firm Success

2022

November / December

  • Civil Procedure – Settlement – Mediation
  • The Power of the Public Records Policy
  • Fifth District Court of Appeal Rejects Orange County Rent Control Ordinance
  • The Changing Landscape for Electronic Evidence
  • Firm Success
  • Firm Announcement

September / October

  • City Did Not Discriminate Against Sober Living Home
  • Sudden Medical Emergency Defense
  • Firm Success

July / August

  • New Florida Medicaid Minimum Wage Requirements for Providers Effective October 1, 2022
  • Attorney-Client Privilege Preserved by the Fifth DCA
  • Documents and Communications Produced in Response to a Discovery Request are Not Privileged

May / June Addendum

  • Correction to 2022 Legislative Update “Big Veto”

May / June

  • Dog Bite by Police K-9 Not Barred by Sovereign Immunity
  • Sovereign Immunity – Agency – Contracts
  • Third District Court of Appeal Affirms that an In Camera Review is Required Before Production of Exempt and Confidential Video Recordings
  • Recent Florida Legislation Regarding Homeowners Insurance
  • 2022 Regular Legislative Session Update

March / April

  • Transitory Substances, Slip and Fall Litigation, and Jury Instructions
  • DTI – Diffuse Tensor Imaging
  • Eleventh Circuit Allows Employment Discrimination Plaintiff to Proceed on Alternative “Convincing Mosaic” Framework
  • Insurance-Bad Faith-Cunningham/Coblentz Agreements
  • Pre-Suit Requirements, Statute of Limitations, and the Assisted Living Facilities Act
  • Firm Success

January / February

  • Supreme Court Issues Ruling on OSHA and CMS Workplace Vaccine Mandates
  • Making Public Records Requests to a Represented Party while Litigation is Pending is Not Ethical
  • Outdated Jury Instructions on Transitory Foreign Substances in Premises Liability Actions
  • Florida Supreme Court Expands Rule on Interlocutory Appeals for Orders Allowing Claims for Punitive Damages
  • Firm Success

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