Carlton Fields Jorden Burt

4221 W Boy Scout Blvd., Suite 1000
Tampa, FL 33607-5780, United States

  • 813.223.7000
  • 813.229.4133

Divorce and Beneficiary Designations—Florida Law Changes

Introduction - This article discusses a significant change in Florida law regarding the effect of dissolution or annulment of marriage on designations of one former spouse as beneficiary upon death of the insured other…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Insurance, Wills, Trusts, & Estate Planning

Illinois Court Issues Corrected Opinion On Expenses Being Included In Reinsurance Limit

As we previously reported, an Illinois appellate court recently concluded that the limit stated on certain reinsurance certificates applied to both indemnity expenses as well as defense expenses, relying on the often cited case…more
| Commercial Law & Contracts, Insurance

Ninth Circuit Issues Companion Cases Addressing Evidence Required To Show That The Amount In Controversy Requirement Has Been Met When Challenged on Removal

Through a pair of opinions issued the same day, the Ninth Circuit attempted to clarify the evidence required for a defendant to meet its burden of showing that the amount in controversy exceeds CAFA’s $5 million threshold when a…more
| Civil Procedure, Labor & Employment Law

California’s Inconsistent Treatment of Pre-Dispute Waivers in Arbitration Agreements Will Remain in Place

This week, the U.S. Supreme Court declined to grant review in Iskanian v. CLS Transportation Los Angeles, LLC, leaving in place a California Supreme Court holding that pre-dispute arbitration agreements cannot require employees…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

Third Circuit: Strict Ascertainability Optional for Rule 23(B)(2) Class

Although not explicitly set forth in Rule 23, an essential prerequisite of any action under Rule 23 is that there must be an identifiable “class” at the moment of certification. The shorthand term commonly used to refer to this…more
| Civil Procedure, Civil Remedies

California’s “Third Party Litigation Exception” Not Preempted By The FAA

A California appellate court recently examined that state’s legislative response to the situation where a party moves to compel arbitration and some of the parties to the dispute are not parties to the arbitration agreement. In…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Insurance

Terrorism Risk Insurance Program Reauthorized

On January 12, 2015, the Terrorism Risk Insurance Act Program (“TRIA” or “Program”), which was originally adopted in 2002 to provide a federal backstop to protect insurers from catastrophic claims arising from terrorist attacks…more
| Commercial Law & Contracts, Insurance

Will the New Technology-Focused Immigration Bill Succeed?

Technology companies, industry groups, and trade associations are enthusiastically supporting a new Senate bill that would make it easier for foreign nationals working in the technology sector to stay and work in the United…more
| Elections & Politics, Labor & Employment Law, Immigration Law, Science, Computers, & Technology

Employment and Labor Law Road Map for Employers Entering the U.S. Market

Foreign companies and investors that enter the U.S. market will be governed by numerous state and federal labor and employment laws. When opening a business in the United States, it is therefore critical to work with experienced…more
| Civil Rights, Labor & Employment Law, Finance & Banking, Immigration Law

Treaty Tip: Clarity In Reinsurance Contracts

Reinsurance agreements commonly contain a dollar limit on the liability of the reinsurer. Both the reinsured and the reinsurer benefit from clarity with respect to such limits. The reinsured benefits by knowing with precision…more
| Commercial Law & Contracts, Insurance

Construction Case Law Update - January, 2015

FLORIDA STATE CASES - Slavin Doctrine; Design Contracts - Under the Slavin doctrine, a subcontractor design company was not liable despite negligently designing intersection traffic lights that resulted in a fatal car…more
| Civil Remedies, Construction Law, Zoning, Planning & Land Use, Transportation, Government Contracting

Expect Focus - Spot The Regulator, Volume IV, Fall 2014

In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Privacy, Insurance

Cyberspace Developments: Obama's Proposed Information-Sharing Bill

In advance of the State of the Union address, President Obama unveiled the next steps in his plan to address recent threats by rogue hackers to public and private networks. These include a new legislative proposal to tackle the…more
| Commercial Law & Contracts, Privacy, International Law & Trade, Science, Computers, & Technology

In Florida, Recognition of Same-Sex Marriage Will Impact Employers

On January 6, Florida became the 36th state to recognize same-sex marriage. This development came as the result of several recent state and federal court decisions finding Florida's ban on same-sex marriage an unconstitutional…more
| Constitutional Law, Labor & Employment Law, Finance & Banking, Family Law, Taxation

California Court Issues Mixed Ruling On Cross-Motions In Suit Seeking Policy Rescission

A California federal district court granted in part and denied in part various motions involving Star Insurance’s action seeking to rescind an insurance policy based upon certain alleged material misrepresentations concerning…more
| Civil Procedure, Commercial Law & Contracts, Insurance
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Areas of Practice
  • Administrative Law
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100+ Attorneys

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