Author Info for Rumberger | Kirk

Into the Void: The Defense of Lack of Subject-Matter Jurisdiction

Subject matter jurisdiction describes the power and authority to adjudicate a case, and to enter a valid, binding judgment. This power is derived from Alabama’s constitution and its statutes…more

Adjudicatory Process, AL Supreme Court, Dismissals, Ejectment, Lack of Jurisdiction

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Viewpoint: Early Action Key to Mitigating Risk in Professional Liability Claims

Professional liability claims impact a multitude of professions, including those in the legal, medical, financial and insurance industries. Claims for malpractice, breach of contract, breach of fiduciary duty and related issues…more

Attorney Malpractice, Breach of Contract, Breach of Duty, Conflicts of Interest, Corrective Actions

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Rebecca Beers

Legally Qualified: Protecting Against Elder Investment Fraud and Exploitation

How can we protect seniors who may be vulnerable to financial abuse or scams? RumbergerKirk's latest Legally Qualified podcast answers this question and more. RumbergerKirk attorneys Pete Tepley and Rebecca Beers talk with Joe…more

Elder Abuse, Elder Issues, Exploitation, Financial Abuse, Investment Fraud

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Yarden "Jordan" Benatar

Third DCA Holds that Insurer and Insured Can Agree to Alternative Means of Policy Cancellation

On April 10, 2024, Florida’s Third District Court of Appeal held that an insurer and its insured can mutually agree on an alternative method of canceling an insurance policy, notwithstanding policy language providing otherwise. …more

Auto Insurance, Car Accident, Insurance Industry, Insurance Litigation, Summary Judgment

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Robert Blank

Theme Park Defense 10 Things to Know

Florida’s theme parks attract millions of visitors each year. Any business with that volume of visitors is certain to encounter litigation. Theme park litigation is unique because it incorporates many different types of…more

Amusement Parks, Bodily Injury, Liability, Lighting Equipment, Negligence

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Blake Bonsack

Florida High Court Says Airbnb Arbitration Sticks- It’s in the Fine Print

In a 6-1 decision, the Supreme Court of Florida reversed the Second District Court of Appeal and found that a Texas couple who accepted a “clickwrap” terms of service agreement when booking a vacation rental had also accepted…more

AirBnB, American Arbitration Association, Appeals, Arbitration, FL Supreme Court

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Madison Buckley

Florida Supreme Court Says Permissive Language of Florida PIP Statute and Policy Provisions Dictate Payment of Medical Expenses by Insurers

In Florida, personal injury protection (PIP) coverage limits reimbursement of medical charges to 80% of “all reasonable expenses.” What is “reasonable” is generally determined by a statutory schedule of maximum charges..…more

FL Supreme Court, Insurance Industry, Insurance Litigation, Medical Expenses, Physician Fee Schedule

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J. Richard Caldwell, Jr.

Recent Rule Change in Florida Can Protect Corporate Officials from Depositions

In 2021, The Supreme Court of Florida adopted the “apex rule” pertaining to attempts to depose corporate and government officials. In re Amend.to Fla. R. Civ. Proc. 1.280, 324 So.3d 459, 461 (Fla. 2021). Rule 1.280(h) now…more

Amended Rules, Corporate Entities, Depositions, Documentation, Enforcement

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Brett Carey

Breaking it Down: What Florida Insurers Need to Know about Bad Faith After Tort Reform

Bad-faith litigation is a hot topic in Florida following the passage of the new tort-reform measure known as House Bill 837. However, even in the face of reasonable legislative changes, it remains important for insurers and…more

Bad Faith, Florida, Insurance Industry, Insurance Litigation, Settlement

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Fred Clarke

Automatic Liability: New Risk Under California’s Insurance Lapse Protection Statutes

Last year, the Supreme Court of California held that changes in the California Insurance Code’s life insurance anti-lapse statutes apply to all life insurance policies that were in force when the statutes became effective in…more

CA Supreme Court, Insurance Code, Liability

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Ligianette Cordova

Eleventh Circuit Reverses its Prior Reasoning Finding: Settlement Agreements can now be Basis for a Bad Faith Claim

In Florida, an excess judgment is when the judgment in the case exceeds the policy limits. The excess judgment rule requires an injured plaintiff to obtain an excess judgment before prosecuting a bad faith claim against an…more

Bad Faith, Breach of Duty, Insurance Industry, Insurer Liability, Policy Limits

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Sally Rogers Culley

Incident Response: Today’s Actions Impact Tomorrow’s Lawsuit

Success in defending against a personal injury lawsuit starts with the business’s response to the injury-inducing event. Personal injury lawsuits often turn on evidence that is created at the scene of the alleged injury. A…more

Bodily Injury, Business Litigation, Incident Response Plans, Liability, Reporting Requirements

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Lan Kennedy-Davis

Consider an External General Counsel for Your Growing Business

An external general counsel is a trusted adviser who knows your business and has a full grasp of a wide range of potential legal matters. Managing the growth of a small or medium-sized business may be one of the most complex…more

Acquisitions, Business Development, Client Services, Compliance, Human Resources Professionals

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Patrick Delaney

The Young Lawyer’s Survival Guide

You just graduated from law school and are starting your first job as a full-fledged esquire. No matter the area of law, your thoughts are likely racing, “I’ve passed the bar and I’m licensed, but what now? Am I really ready for…more

Billable Hours, Billing, Career Development, Mentor-Protege Program, Mentors

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Leonard Dietzen, III

Understanding How Generative AI Can Affect Your Business' Data Privacy And Ownership Is Crucial

“In assessing a generative AI product, it is critical to understand issues of data ownership and privacy. This cumbersome task is necessary to learn how the AI platform will use data, if the data shared is entering an open or…more

Artificial Intelligence, Business Ownership, Compliance, Data Breach, Data Privacy

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Samantha Duke

The Role Record-Keeping May Play In TCPA Class Cert.

Two recent decisions highlight that the viability of the established business relationship, or EBR, exemption defeating class certification in a Telephone Consumer Protection Act case may depend on the defendant company’s…more

Class Action, Class Certification, Do Not Call List, Established Business Relationship, Federal Rules of Civil Procedure

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Derek Dzwonkowski

Using AI in Human Resources and the Risks of Employment Discrimination

Artificial intelligence (AI) is taking the world by storm and revolutionizing how people work. While the possibilities for automation and increasing efficiency appear endless with the rapid progression of this technology,…more

ADEA, Algorithms, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence

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Linda Bond Edwards

Impact of the DOL’s New Overtime Rule: Fewer Employees Will Be Exempt From Overtime

A new overtime rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, was announced by the Department of Labor on April 23, 2024. Under this new rule,…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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Ernest Eubanks, Jr.

Defense Verdict for Harley-Davidson

Skip Eubanks of Rumberger, Kirk & Caldwell and Mark Kircher of Quarles & Brady and won a defense verdict on behalf of Harley-Davidson on January 19, 2017 in a product liability case in the United States District Court for the…more

Bodily Injury, Harley-Davidson, Motorcycle Accidents, Safety Standards

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Michael Forte

Additur for Future Pain and Suffering Damages

When a jury’s verdict is unreasonably low, the presiding judge may increase it by awarding an additur pursuant to Florida Rule of Civil Procedure 1.530 and Section 768.74, Florida Statutes. However, as to damages for future pain…more

Additur, Bodily Injury, Damages, Florida, Medical Expenses

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Daniel Gerber

Florida’s New Sixth District Court of Appeal Confirmed

Florida has not added a District Court of Appeal (DCA) since 1979 when the legislature created the Fifth DCA, but Florida’s judicial branch, in coordination with the executive and legislative branches is now adding a Sixth…more

Appeals, Appellate Courts, FL Supreme Court, Florida, Governor DeSantis

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Richard Greenberg

The Florida Bar Provides Guidance on Lawyers’ Use of Artificial Intelligence

“I fear that AI may replace humans altogether. If people design computer viruses, someone will design AI that improves and replicates itself. This will be a new form of life that outperforms humans,” warned Stephen Hawking…more

Advertising, Artificial Intelligence, Confidentiality Policies, Florida, Informed Consent

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Jeffrey Grosholz

Supreme Court Says Forced Job Transfers Must Cause Harm, But it Doesn’t Have to be Significant

In Muldrow v. City of St. Louis, the U.S. Supreme Court considered what protections Title VII of the Civil Rights Act of 1964 provides to employees who claim they were the victims of a discriminatory transfer…more

Civil Rights Act, Collective Bargaining, Employee Transfers, Employees, Employer Liability Issues

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Reginald Guillaume

Florida’s New NIL Law Removes Potential Restrictions for Student-Athletes

Florida’s new name, image and likeness (NIL) law allows colleges and universities to help direct endorsement deals and other compensation toward student-athletes. Florida was one of the of the first states to spearhead NIL…more

Compensation, Florida, Name and Likeness, NCAA, Student Athletes

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Carie Hall

Legally Qualified: Women In Law-How we got here, why we stay & tips for the next gen

In this episode of Legally Qualified, RumbergerKirk attorneys Carie Hall and Rebecca Arends talk about lessons learned along their journeys of becoming successful attorneys, challenges they’ve faced and advice for anyone looking…more

Career Development, Law Firm Associates, Law Firm Partners, Leadership, Women in the Law

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Chase Hattaway

Supreme Court Says Forced Job Transfers Must Cause Harm, But it Doesn’t Have to be Significant

In Muldrow v. City of St. Louis, the U.S. Supreme Court considered what protections Title VII of the Civil Rights Act of 1964 provides to employees who claim they were the victims of a discriminatory transfer…more

Civil Rights Act, Collective Bargaining, Employee Transfers, Employees, Employer Liability Issues

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Suzanne Barto Hill

Ramifications of Ryan: The Future of the FTC’s Final Rule Banning Non-Competes

The Federal Trade Commission’s Final Rule banning non-competes will not take effect on September 4, 2024. On August 20, 2024, U.S. District Judge Ada Brown for the Northern District of Texas ruled on the merits of the challenge…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Michael Holt

Third DCA on Cell Phone Discovery: Balancing Privacy Rights and Litigation Needs

Cell phones have now been around for decades. Along the way, they have grown up, became “smart” and are now indispensable to daily life, offering limitless options to communicate, shop and entertain ourselves. How prominent…more

Cell Phones, Discovery, e-Discovery, Petition for Writ of Certiorari, Privacy Laws

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Mary Hudson

Third DCA on Cell Phone Discovery: Balancing Privacy Rights and Litigation Needs

Cell phones have now been around for decades. Along the way, they have grown up, became “smart” and are now indispensable to daily life, offering limitless options to communicate, shop and entertain ourselves. How prominent…more

Cell Phones, Discovery, e-Discovery, Petition for Writ of Certiorari, Privacy Laws

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LaShawnda Jackson

PIP Litigators Bound to Suffer “Identity” Crisis After Recent 3rd DCA Ruling

What started as a typical claim for personal injury protection benefits ended in the application of new precedent in Florida that will affect insurance litigators. The culprit? Collateral estoppel…more

Collateral Estoppel, Health Care Providers, PIP Coverage

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Meredith Jowers Lees

COVID-19 Litigation: What Alabama Businesses Need to Know

It has been one year since the COVID-19 pandemic began and during that time more than 9,500 COVID-19 related lawsuits have been filed across the United States. Out of these 9,500 lawsuits, more than 1,800 employment-related…more

Business Litigation, Civil Liability, Coronavirus/COVID-19, Covered Entities, Employer Liability Issues

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Sara Lewis Kallop

Florida Supreme Court Confirms Limitation of Joerg Holding to Future Medical Expenses

The Florida Supreme Court recently confirmed that claimants may only submit evidence of past medical bills actually paid by Medicare as opposed to the unadjusted amount. See Elaine Dial vs. Calusa Palms Master Association, Inc.,…more

FL Supreme Court, Florida, Medicaid, Medical Expenses, Medicare

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Jacey Kaps

Understanding How Generative AI Can Affect Your Business' Data Privacy And Ownership Is Crucial

“In assessing a generative AI product, it is critical to understand issues of data ownership and privacy. This cumbersome task is necessary to learn how the AI platform will use data, if the data shared is entering an open or…more

Artificial Intelligence, Business Ownership, Compliance, Data Breach, Data Privacy

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Steven Klein

Florida Tort Reform Now Law: Effective Upon Governor's Signature

Governor Ron DeSantis signed HB 837 into law this morning after the Florida Legislature passed sweeping tort reform intended to bring long-overdue balance and transparency to tort litigation…more

Damages, Disclosure Requirements, Florida, Governor DeSantis, Mass Tort Litigation

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Hannah Klonowski

No Sea Changes to See Here in 2023 Amendment to Rule 702

New Amendment Reiterates and Reinforces the Existing Standard for Admissibility of Expert Testimony - On December 1, 2023, the United States Supreme Court adopted the Rules Committee’s proposed Amendment to the Federal Rules…more

Daubert Standards, Expert Testimony, Federal Rules of Evidence, New Amendments, SCOTUS

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Taylor Koshak

Ramifications of Ryan: The Future of the FTC’s Final Rule Banning Non-Competes

The Federal Trade Commission’s Final Rule banning non-competes will not take effect on September 4, 2024. On August 20, 2024, U.S. District Judge Ada Brown for the Northern District of Texas ruled on the merits of the challenge…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Joshua Lerner

U.S. Supreme Court Decides Major Personal Jurisdiction Case: Impact in Florida Remains to Be Seen

A recent United States Supreme Court decision on the scope of personal jurisdiction, i.e., a court’s authority to exercise jurisdiction over a particular party, could potentially have lasting impacts on the way states decide to…more

Commerce Clause, Due Process, Florida, Fourteenth Amendment, Mallory v Norfolk Southern Railway Co

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Sara Lewis

Product Liability and Other Similar Incidents: Evidence That Passes the “Substantial Similarity” Standard and Methods of Protection for Defendant Manufacturers

Introduction - The admissibility of evidence of “other similar incidents” (“OSI”) frequently arises in product liability cases. Both plaintiffs and defendants may seek to admit such evidence in order to demonstrate or defeat…more

Admissible Evidence, Car Accident, Evidence, Substantially Similar

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Paul Lipton

Law Firms Should Assess, Adjust, and Overcome for Return to Work

Assess. Adjust. Overcome. These three words are guideposts for leaders in business, government, the military, medicine, and the legal profession. Yet, since the pandemic, quarantine, and the emotional toll it has taken on us…more

Coronavirus/COVID-19, Law Firm Associates, Law Firm Ownership, Law Firm Partners, Law Practice Management

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J. David Marsey

Sixth District Court of Appeal Limits Officers’ Authority to Investigate DUI Offenses

On June 14, 2024, the Sixth DCA limited an officer’s authority to conduct DUI investigations that extend into other jurisdictions, and in doing so, has created a conflict with existing Florida law. In State v. Repple, the State…more

Appeals, DUI, En Banc Review, Evidence Suppression, Florida

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Alexander Melvin

How Florida’s New Comparative Fault Laws Can Help QSRs Reduce Liability Risk

In the highly competitive quick-service restaurant industry, fast-food chains are continually looking for an edge over their competitors. Some brands have found a way to distinguish themselves from other fast-food establishments…more

Fast-Food Industry, FL Supreme Court, Florida, Liability, Negligence

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Candy Messersmith

Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defending Bad Faith Claims

Insurance companies facing a bad faith claim are at risk for extra contractual damages—additional damages above the existing limits to a policy. In this episode of Legally Qualified, RumbergerKirk insurance coverage attorneys…more

Bad Faith, Good Faith, Insurance Industry, Policy Limits

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Charles Mitchell

SCOTUS Overturns Chevron Deference – With Immediate Impact

On June 28, 2024, the United States Supreme Court issued a 6-3 decision in Loper Bright Enterprises v. Raimondo that overturned the “Chevron deference” standard laid out in Chevron, U.S.A., Inc. v. Natural Resources Defense…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Federal Trade Commission (FTC), Government Agencies

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Damien Orato

Florida Supreme Court Adopts Apex Doctrine Protecting High Level Corporate and Government Officers

The Florida Supreme Court has formally adopted the Apex Doctrine and incorporated it into the Florida Rules of Civil Procedure. On August 26, 2021, the Court amended Florida Rule of Civil Procedure 1.280 by codifying the Apex…more

Amended Rules, Apex Doctrine, Appeals, Corporate Officers, Depositions

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Brittney Polo

Punitive Damages 2023: The Statute Means What It Says

Cases in which plaintiffs advance a claim for imposition of punitive damages are among the most likely to keep a defense lawyer up at night. Several recent cases from Florida district courts of appeal have reinforced the concept…more

Appeals, Certiorari, FL Supreme Court, Florida, Negligence

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Julie Potts

Protecting Your Business From Widespread ERC Scams

Misinformation and widespread scams have created pitfalls for businesses regarding the employee retention credit - The Employee Retention Credit (ERC) has been one of the most discussed tax topics of 2023. Although originally…more

Applications, CARES Act, Coronavirus/COVID-19, Criminal Penalties, Criminal Prosecution

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Kayla Platt Rady

Stop Woke Act Stopped by the Eleventh Circuit Court of Appeals…For Now

Florida District Court’s Preliminary Injunction Blocking The Stop Woke Act Affirmed By Appellate Court - On March 4, 2024, the Eleventh Circuit Court of Appeals upheld the district court’s injunction, effectively blocking the…more

Anti-Discrimination Policies, Appeals, Diversity and Inclusion Standards (D&I), Employee Training, Ethics

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Jens Ruiz

The Rise and Defense of Optional Feature Litigation

John’s Bad Day - On a Sunday afternoon, John was driving his new 2017 base model Meerkat car when he became distracted looking for a french fry he dropped on the floor. His car crossed into the adjacent lane and, after…more

Automotive Industry, Car Accident, Consumer Expectations Test, Defense Strategies, Design Defects

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Francis Sheppard

Viewpoint: Early Action Key to Mitigating Risk in Professional Liability Claims

Professional liability claims impact a multitude of professions, including those in the legal, medical, financial and insurance industries. Claims for malpractice, breach of contract, breach of fiduciary duty and related issues…more

Attorney Malpractice, Breach of Contract, Breach of Duty, Conflicts of Interest, Corrective Actions

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Suzanne Singer

‘TransUnion v. Ramirez’: High Court Rules Article III Standing Requires Proof of Concrete Injury

In March 2021, the Supreme Court heard arguments in TransUnion LLC v. Ramirez, a case that had potential to significantly impact plaintiffs’ abilities to sue for the violation of federal statutes. The Court released its opinion…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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Larry Smith

The Young Lawyer’s Survival Guide

You just graduated from law school and are starting your first job as a full-fledged esquire. No matter the area of law, your thoughts are likely racing, “I’ve passed the bar and I’m licensed, but what now? Am I really ready for…more

Billable Hours, Billing, Career Development, Mentor-Protege Program, Mentors

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M. Stephen Smith

4th DCA Affirms Mental Healthcare Providers Owe No Legal Duty to Warn Unidentifiable Potential Victims

The Fourth District Court of Appeal issued its opinion in Pollack v. Cruz on May 27, 2020. In joining its sister district courts of appeal, the Court reaffirmed that, in Florida, mental healthcare providers owe no legal duty to…more

Crime Victims, Duty to Warn, Health Care Providers, Mental Health, Third-Party

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Nicole Sieb Smith

2024 Proposed Bills Affecting Florida Public and Private Employers

The 2024 Florida Legislative Session is officially in full swing. Below is a list of proposed bills that, if passed, may affect employers moving forward. The Employment team at RumbergerKirk will continue to monitor all…more

Crime Victims, Gender Identity, Hairstyle Discrimination, Health Care Providers, Healthcare

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Melissa Softness

New Non-Compete Rule May Not Pass But Employers Should Stay On Alert

For the Federal Trade Commission’s (FTC) proposed rule to ban non-compete clauses to become law, many hurdles would have to be overcome. Those who follow politics in this country have aptly observed that this is unlikely due to…more

Biden Administration, Employment Contract, Executive Orders, Federal Trade Commission (FTC), FTC Act

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E. Berton Spence

Up Next: Does Congress Have Constitutional Authority to Regulate Evictions and Foreclosures?

Stay Tuned for the Coming Ruling from the U.S. Court of Appeals for the Fifth Circuit - The Supreme Court of the United States effectively ruled on August 26, 2021 that the Centers for Disease Control and Prevention (CDC)…more

Alabama, Appeals, Centers for Disease Control and Prevention (CDC), Congressional Authority, Coronavirus/COVID-19

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Peter Tepley

Protecting Attorney-Client Privilege and Attorney Work-Product During Internal Investigations

Suppose your company suspects an employee broke the law, perhaps even using company property to do so. The company decides to conduct an internal investigation. If your company is sued because of the employee’s conduct,…more

Alabama, Attorney-Client Privilege, Internal Investigations, Privileged Communication, Rules of Civil Procedure

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Jennifer Smith Thomas

How Florida’s New Comparative Fault Laws Can Help QSRs Reduce Liability Risk

In the highly competitive quick-service restaurant industry, fast-food chains are continually looking for an edge over their competitors. Some brands have found a way to distinguish themselves from other fast-food establishments…more

Fast-Food Industry, FL Supreme Court, Florida, Liability, Negligence

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Phoebe Thomas

House Bill 837: Big Change to Florida’s Motor Vehicle No-Fault (PIP) Law: Attorney’s Fees

On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 into law making a major impact on Florida’s tort landscape. It is likely that this new Tort Reform Act will have a significant impact on the future of…more

Attorney's Fees, Florida, Governor DeSantis, New Legislation

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Devin Topper

Florida Tort Reform Now Law: Effective Upon Governor's Signature

Governor Ron DeSantis signed HB 837 into law this morning after the Florida Legislature passed sweeping tort reform intended to bring long-overdue balance and transparency to tort litigation…more

Damages, Disclosure Requirements, Florida, Governor DeSantis, Mass Tort Litigation

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R. Scott Williams

Nursing Home Distress – What Does the Doctor Order?,” Business Alabama

Nursing homes and assisted living facilities were challenged before the COVID-19 pandemic. Planning for distress is key to a successful turnaround for facilities and the industry. Originally published by Business Alabama -…more

Assisted Living Facilities (ALFs), Bankruptcy Code, Capital Raising, Certificate of Need, Coronavirus/COVID-19

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