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…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Insurance, Professional Malpractice
The Florida Third District Court of Appeal recently ruled that the trial court did not abuse its discretion in striking Plaintiff’s causation expert in a medical malpractice case. In Berta Fertil v. University of Miami, Fertil…
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/ Civil Procedure, Personal Injury
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…
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/ Business Organizations, Business Torts, Civil Procedure, Personal Injury
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…
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/ Civil Procedure
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…
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/ Administrative Law, Business Organizations, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law
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…
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/ Business Torts, Consumer Protection, Personal Injury
Owners of bars, taverns, restaurants and other establishments serving alcohol kept a close eye on a case before the Supreme Court of Florida this year. At issue was a $28.6 million jury verdict against a bar awarded to a young…
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/ Civil Procedure
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…
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/ Administrative Law, Civil Procedure, Constitutional Law
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…
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/ Administrative Law, Constitutional Law, Criminal Law
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…
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/ Civil Procedure
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..…
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/ Civil Procedure, Insurance, Personal Injury
The Florida Supreme Court recently affirmed what, until recently, had been long standing law: an officer may order a driver out of the vehicle for officer safety during a routine traffic stop without an individualized suspicion…
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/ Constitutional Law, Criminal Law
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. …
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/ Civil Procedure, Commercial Law & Contracts, Insurance
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…
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/ Civil Procedure, Electronic Discovery, Privacy
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,…
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/ Administrative Law, Labor & Employment Law
