The Third District Court of Appeals of Florida is the latest to join the growing number of Florida appellate courts that have ruled that the pre-suit notice provision of section 627.70152 is procedural in nature and, as such,...more
In November 2023, the Sixth District Court of Appeal of Florida, in direct conflict with the Fourth District Court of Appeal of Florida, found that the pre-suit notice as mandated by Florida Statute 627.70152 does not apply...more
Cleveland Clinic Fla. v. Daniels, No. 4D2023-1477, 2023 WL 6854553 (Fla. Dist. Ct. App. Oct. 18, 2023) - The plaintiffs alleged that Dr. E. Wasser failed to diagnose liver cancer, serving him a notice of intent to sue as...more
On February 14, 2024, Florida’s Third District Court of Appeal, in Fernando Cantens and Ana Marie Cantens v. Certain Underwriters at Lloyd’s London, No. 3D22-0917 (Fla. 3d DCA Feb. 13, 2024), joined Florida’s Fourth District...more
The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021). Herman Cole...more
For the third time since 2019, the Florida Legislature has enacted broad property insurance reforms with the goal of stabilizing the insurance market and curbing litigation filed by unscrupulous contractors....more
Sovereign immunity stands for the long-standing premise that the government cannot be sued without its consent. The immunity applies to the State of Florida and all subdivisions of the state, including counties,...more
Last month, Delaware's new Chancellor Kathaleen S. McCormick issued a decision largely dismissing challenges to board action after finding that the plaintiff's emails to the board constituted pre-suit litigation demands, and...more
The Florida Legislature recently passed numerous pieces of legislation which impact Florida’s property insurance carriers. Specifically, Senate Bill 76 (“SB 76”) and Senate Bill 1598 (“SB 1598”) were enacted. Governor...more
On March 18, the West Virginia legislature passed Senate Bill 5, amending the West Virginia Consumer Credit and Protection Act (WVCCPA). The amendments will apply to all causes of action filed on or after June 16, 2021, the...more
On March 29, in a development that provides some measure of relief to businesses operating in West Virginia, particularly within the financial services industry, Gov. Jim Justice signed into law amendments to the West...more
The regular legislative session recently ended in West Virginia, and once again our Legislature has amended the West Virginia Consumer Credit and Protection Act, one of the primary statutes under which consumers sue...more
In a development that provides some measure of relief to businesses operating in West Virginia, particularly within the financial services industry, Gov. Jim Justice signed into law on March 29, 2021, amendments to the West...more
On January 1, 2020, the new Florida Business Corporation Act took effect. It includes a provision that settles in the affirmative whether Florida is a “demand futility” state for shareholder derivative litigation. To succeed...more
On October 30, 2019, the Delaware Court of Chancery struck a major blow against the plaintiffs’ bar’s efforts to lower the statutory hurdle to maintaining stockholder derivative claims. A stockholder of Ultragenyx...more
On July 29, 2019, Chancellor Andre G. Bouchard of the Delaware Court of Chancery dismissed a stockholder derivative action asserting breaches of fiduciary duty claims against the directors of J.C. Penney Company, Inc. for...more
On June 18, 2019, in Marchand v. Barnhill, the Delaware Supreme Court, in an opinion written by Chief Justice Leo E. Strine, Jr. on behalf of a unanimous court, issued a decision reversing the Court of Chancery’s dismissal of...more
In our last article, we discussed the pre-suit notice requirements in the West Virginia Consumer Credit and Protection Act, one of the primary consumer protection statutes under which plaintiffs bring claims related to...more
Significant changes appear to be in the pipeline for Florida property insurers after the Florida legislature passed sweeping assignment of benefits (AOB) reform legislation last week....more
We are now just over halfway through the legislative session. By Friday, February 8, the 31st day of the 60 day regular session of the West Virginia Legislature, the House of Delegates had introduced 944 bills, while the...more
The devil’s in the details. And, the details will become more complicated if a new proposed law in West Virginia is enacted. The West Virginia Legislature is considering a bill that would amend the West Virginia Consumer...more
Gindel v. Centex Homes, 2018 Fla. App. LEXIS 13019 (Fla. 4th DCA Sept. 12, 2018) - A group of townhome owners (the “Homeowners”) sued the contractor and a subcontractor (collectively, “Contractor”) who built their...more
Most states have statutes of repose, which define the date certain for parties to assert any and all claims for construction and design related issues, and provide a final cut-off for liability with respect to a project. For...more
A recent decision by the W. Va. Supreme Court of Appeals confirms the importance of pre-suit notice and the viability of a motion to dismiss in challenging claimants’ actions arising under the Medical Professional Liability...more
A district court has dismissed an FDCPA action based on a bona fide error after reviewing the collection firm’s extensive pre-suit procedures and determining they were reasonably calculated to avoid any errors. Guynn v....more