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Settlement Appellate Courts

Marshall Dennehey

New Jersey Revises Jury Charge on Proximate Cause in Legal Malpractice

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A recent update to New Jersey’s Model Civil Jury Charges marks a significant development in legal malpractice law—and directly reflects the work of attorneys in our Mount Laurel, New Jersey office, Jack Slimm and Jeremy...more

Nelson Mullins Riley & Scarborough LLP

Did the Third Circuit Just Create a Backdoor Around Purdue? A Closer Look at the Boy Scouts Ruling and Section 363(m)

On May 13, 2025, the Third Circuit issued a high-stakes opinion in In re Boy Scouts of America, affirming the confirmation of a Chapter 11 plan that includes nonconsensual, nondebtor third-party releases—despite the U.S....more

Marshall Dennehey

Disputed Claims and Credibility Challenges: Workers’ Compensation Case Dismissed After Bifurcated Trial

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Makins v. Palace Rehab & Care Ctr. and Premier Cadbury, LLC, No. A-2263-23 & A-2276-23 (April 24, 2025) - The petitioner’s legal dispute arose from a series of workers’ compensation claims related to injuries sustained during...more

Kennedys

Eleventh Circuit expands Florida’s Powell Doctrine

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The Eleventh Circuit’s decision in Kinsale Insurance Company v. Pride of St. Lucie Lodge 1189, Inc., -- F.4th ----, 2025 WL 1142094 (11th Cir. Apr. 18, 2025), has significant implications for the good faith standard...more

Marshall Dennehey

Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court

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Universal Property & Casualty Insurance Company v. Medero, Fla. 3d DCA, No. 3D24-0338, February 19, 2025 - The Third District Court of Appeal reversed and remanded the initial fee award entered by the trial court: $150 per...more

Carlton Fields

Florida Appeals Court Decisions Week of March 3 - 7, 2025

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U.S. Eleventh Circuit Court of Appeals - Gray TV v. FCC - license, forfeiture, owning top stations in market - Liberty Surplus v. Kaufman - insurance, Fla law, course of construction exclusion, settlement proposal - ...more

Fox Rothschild LLP

Appellate Division Addresses Termination of Alimony at Retirment, Focusing on Whether Recipient Had or Could Have Saved for...

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Even before the alimony statute was amended in 2014, there was a misconception that permanent alimony was actually permanent and could not be modified under any circumstances. I heard that tired argument many times despite...more

Robinson+Cole Class Actions Insider

Data Breach Class Action Settlement Approval Affirmed by Ninth Circuit with Attorneys’ Fee Award Reversed and Remanded

Some data breach class actions settle quickly, with one of two settlement structures: (1) a “claims made” structure, in which the total amount paid to class members who submit valid claims is not capped, and attorneys’ fees...more

Carlton Fields

Florida Appeals Court Decisions Week of February 17 - 21, 2025

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U.S. Eleventh Circuit Court of Appeals - Wilson v. Hearos - removal by nonparty, service of process, Ga law - USA v. Lemus - Maritime Drug Law Enforcement Act, constitutional challenges...more

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

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The Court of Appeals of New York answers the question of whether a plaintiff may bring a claim under Judiciary Law § 487 in a plenary action. Urias v. Daniel P. Buttafuoco & Assoc., PLLC, 41 NY3d 560, 563 (2024)....more

Freiberger Haber LLP

General Release That Was Entered Because of Defendant’s Fraudulent Misrepresentations Held Not To Be Enforceable

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We have written frequently about the substance and scope of general releases. In New York, “a valid release constitutes a complete bar to an action on a claim which is the subject of the release.” If “the language of a...more

Fox Rothschild LLP

Yes, A Court can Enjoin a Party From Pursuing Litigation in Another Jurisdiction

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Sometimes people do what is called forum shopping and file a law suit in another jurisdiction, if not another country, because they believe that the laws will be more favorable to them. Sometimes they even file someplace else...more

K&L Gates LLP

Third-Party Litigation Funding in England and Wales Post-PACCAR: Where Are We Now?

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In our earlier alert on third-party funding (TPF) and the UK Supreme Court’s decision in PACCAR, we discussed the initial industry reaction, subsequent litigation, and legislative reform proposals (at the time, through the...more

McGuireWoods LLP

Xerox Obtains Important Pro-Policyholder Decision in New York’s First Department, Adopting Narrow Construction of “Arising From”...

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In March last year, New York’s Appellate Division – First Department issued Xerox an important pro-policyholder decision in its D&O insurance recovery action against Travelers, arising from Xerox’s failed 2018 merger with...more

Carlton Fields

Florida Appeals Court Decisions: Week of December 2-6, 2024

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U.S. Eleventh Circuit Court of Appeals - USA v. Simmons - playing video in closings - Nehme v. Fla Int’l Univ Bd of Trustees - ADA, medical school - USA v. Graham - RICO saga, search and seizure, jury selection,...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 30-October 4, 2024

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U.S. Eleventh Circuit Court of Appeals - USA v. Hill - evidence, theft, false claim - Gilmore v. Ga DOC - en banc grant, vacating this qualified immunity decision - Johnson v. Terry - Bivens claims, rehearing...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 23-27, 2024

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U.S. Eleventh Circuit Court of Appeals - USA v. Holland - hearsay, coconspirators - USA v. Moore - theft of property, maritime, jury instruction - USA v. Cenephat - evidence, other bad acts; sentencing- Corbitt v....more

Carlton Fields

Florida Appeals Court Decisions: Week of September 16-20, 2024

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U.S. Eleventh Circuit Court of Appeals - McCreight v. Auburn Bank - employment; sex, age discrimination, mixed motives - USA v. Butler - right to self-representation; drug possession evidence - Turner v. Jordan - ad...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 9-13, 2024

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Florida Supreme Court - Tallahassee - Sexton v. State - capital case, direct appeal - In re Fla R Mediators - amended rules - In re Fla R Juv P - amended rules...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 2-6, 2024

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USA v. Wall - competency, RICO, trafficking, evidence, instructions, sentencing... Steines v. Westgate Palace - arbitration, Military Lending Act... USA v. Deleon - sentencing, physically restrained... USA v....more

Carlton Fields

Florida Appeals Court Decisions: Week of August 26-30, 2024

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U.S. Eleventh Circuit Court of Appeals USA v. Schwarzbaum - IRS, penalties ECB v. Chubb - insurance, policy interpretation, financial institution Boyd v. DOC - postconviction relief Eknes-Tucker v. Ala Gov - en...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 19-23, 2024

Carlton Fields on

Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire fraud, false statements, evidence,...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 12-16, 2024

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U.S. Eleventh Circuit Court of Appeals - Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 5-9, 2024

Carlton Fields on

Commodities & Min v. CVG - arbitration confirmation - USA v. Bush - escape, instructions, mens rea - AW v. Coweta Cnty Sch Dist - ADA, Title II, emotional distress damages - USA v. Munoz - denaturalization, estoppel - ...more

Hinshaw & Culbertson - Lawyers for the...

Lack of Expert Testimony Results in $1.4 Million Legal Malpractice Verdict Being Overturned

Chamblee Ryan, P.C. v. JBS Carrier, Inc., No. 12-23-00125-CV (Tex. App. — Tyler June 12, 2024) - Brief Summary - Plaintiff, JBS Carriers, Inc. (“JBS”), sued Chamblee Ryan, P.C. (the “defendant”) for legal malpractice related...more

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