Carlton Fields Jorden Burt

Party Waived Untimely Defense To Arbitration, Notwithstanding Party’s Claim That Counsel Committed Malpractice

The court confirmed an arbitration decision awarding damages in favor of workers compensation insurers against various insured employee-staffing companies. One of the defendant companies contended that it never executed the…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Insurance, Professional Malpractice, Worker’s Compensation

5 Workplace Safety Tips to Protect Employees from Violent Co-Workers (While Complying with Employment Laws)

According to the Occupational Safety & Health Administration (OSHA), homicide is the fourth-leading cause of fatal occupational injuries in the United States. This article gives employers practical advice aimed at keeping the…more
| Civil Rights, Labor & Employment Law

Playing With Fire: No Liability Coverage For Tax Preparers Who Took Deductions for Illegal Tax Shelters

“Gimme Shelter” is one of the greatest of a lot of great Rolling Stones songs (made greater by Merry Clayton’s gut-wrenching contribution). And, of course, “Gimme Shelter” is a cliché often trotted out in discussions of tax…more
| Commercial Law & Contracts, Insurance, Taxation

California Declares New Rules for Assignment of Long Tail Claims

Last week, in a unanimous decision, the Supreme Court of California changed the law governing anti-assignment provisions in liability insurance policies. Twelve years ago, in Henkel Corp. v. Hartford Accident & Indemnity Co.,…more
| Commercial Law & Contracts, Insurance, Toxic Torts

California District Court Finds CAFA’s Amount-in-Controversy Requirement Satisfied and No Local Controversy Alleged; Denies Motion to Remand

The Southern District of California denied a plaintiff’s motion to remand a putative class action removed pursuant to the Class Action Fairness Act (CAFA), where the plaintiff had alleged that the primary defendant’s product,…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law

California Court Dismisses TCPA Claim, Finding Human Intervention in Transmission of Internet Text Messages Removed Them From FCC Autodialer Definition

In one of the first court decisions issued since the FCC’s declaratory ruling expansively defined autodialers for purposes of the TCPA, a California district court has dismissed TCPA claims based on promotional text messages,…more
| Communications & Media Law, Consumer Protection, Privacy

Texas Appeals Court Affirms Summary Judgment For Texas Comptroller In Risk Pool Row

A Texas appeals court affirmed a summary judgment that rejected an attempt by two insurers to recover more than $1.1 million for taxes, penalties, and interest on certain reinsurance agreements. Argonaut Insurance Company and…more
| Civil Procedure, Commercial Law & Contracts, Insurance

FCC Issues $2.96 Million Fine for Robocalling Violations

Last week, the FCC issued its self-described “largest forfeiture order” to date for robocalling violations. The Commission announced the $2.96 million fine against a travel company based in Tampa, Florida, and its owner, for…more
| Communications & Media Law, Consumer Protection, Privacy

Attention All Co-Defendants: Make Your Own Objections, Don’t Rely on a Co-Defendant

A recent Pennsylvania case presents the question: can a party rely on its co-defendant’s objections at trial, or must it join in an objection or make its own? In Amato v. Bell & Gossett, 116 A. 3d 607 (Pa. Super 2015),…more
| Civil Procedure

Fourth Circuit Applies “Limited Review” Of Class Arbitration Award And Finds No Manifest Disregard Of The Law

The Fourth Circuit considered whether an arbitrator manifestly disregarded the law by failing to find actual damages and failing to award sufficient attorney’s fees against certain non-profit credit repair companies, despite the…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Ninth Circuit Addresses Preemption in Recent Labeling Cases

The Ninth Circuit Court of Appeals recently addressed preemption in the context of food and cosmetic labeling. Food Manufacturers Can Label Honey as “Honey” - In June, the Ninth Circuit issued an opinion in Brod v…more
| Administrative Law, Agriculture, Communications & Media Law, Conflict of Laws

Immigration Law for Startups: Best Practices

This is the first in a three-part series that provides guidance to new or foreign companies that are entering the U.S. market and seeking to employ either foreign nationals already in the United States on non-working visas, or…more
| Commercial Law & Contracts, Immigration Law, Labor & Employment Law

CFPB and New York Department of Financial Services Sue Pension Loan Companies for Deceptive Marketing

On August 20, the Consumer Financial Protection Bureau (CFPB) and New York Department of Financial Services (NYDFS) jointly filed suit against two pension loan companies and three individual managers for deceptively marketing…more
| Consumer Protection, Finance & Banking, Military Law

Domestic Partnership Agreements: Financial Disclosures and Privacy

To reduce risk of later attack on the domestic partnership agreement, domestic partners should make fair and reasonable financial disclosures to each other prior to signing the agreement. Each partner should disclose to the…more
| Family Law, Wills, Trusts, & Estate Planning

Unpaid Internships: Tips for Avoiding Legal Liability

Unpaid internships present companies with potential legal exposure, as shown by several recent, well-publicized legal victories for interns, including one against NBC, which ultimately paid out millions of dollars. To help avoid…more
| Labor & Employment Law
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4221 W Boy Scout Blvd., Suite 1000
Tampa, FL 33607-5780, United States

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Areas of Practice
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