News & Publications

Filter by:All Publications News

Non-Binding Arbitration Fla. Stat. 44.103 (2007) and Built In Proposal for Settlement (June Litigation Quarterly 2009)

June 1, 2009
  Many Florida courts are utilizing the provisions of Fla. Stat. 44.103 (2007) to order the parties in litigation to a Non-Binding Arbitration proceeding as a method of[...]

Realtors Beware: (June Litigation Quarterly 2009)

June 1, 2009 | Cody German
Avoiding Litigation in a Troubled Florida Real Estate Market As once happy real estate purchasers watch their property values plummet, it can be no surprise that these purchasers[...]

The Lilly Ledbetter Fair Pay Act And Its Impact On Employer Liability (June Litigation Quarterly 2009)

June 1, 2009 | Joshua Goldstein
In January, 2009 President Obama signed into law the “Lilly Ledbetter Fair Pay Act of 2009.”  The Act, in effect, overturns the widely publicized Supreme Court decision in[...]

The Wake of Amendment 7: (June Litigation Quarterly 2009)

June 1, 2009
Moving Forward to Protect Privileged Information The Amendment: Discoverable Adverse Incident Reports Florida residents voted to pass Amendment 7 on November 2, 2004, which became Article X, Section[...]

March Litigation Quarterly 2009

March 6, 2009
Quarterly March 2009[caption id="attachment_1441" align="alignleft" width="150"] March 2009[/caption] 

Bad Faith Considerations with Punitive Damages Cases (March Litigation Quarterly 2009)

March 1, 2009
Cost claims representatives are aware of the concept of punitive damages and that they are not to be routinely permitted in personal injury cases in addition to the[...]

Proposed Florida New Slip and Fall Statute (March Litigation Quarterly 2009)

March 1, 2009
In 2009, HB 495 was proposed in the legislature of the State of Florida that would repeal the current slip and fall statute, Section 768.0710, Florida Statutes. The[...]

The Impact of the Marketable Title Record Act on Homeowners’ and Community Associations’ Declarations of Covenants, Conditions and Restrictions (March Litigation Quarterly[...]

March 1, 2009
Pursuant to Florida law, the Marketable Title Record Act (“MRTA”) was created via the enactment of Chapter 712, Florida Statutes.  Pursuant to Florida Statute Section 712.02:“Any person having[...]

Trigger of Coverage In Construction Defect Cases (March Litigation Quarterly 2009)

March 1, 2009
 It is well-established that in order to trigger coverage under an insurance policy, “the accident or injury must occur    during the time period of coverage; or stated otherwise,[...]

When can a Franchisor be Liable for the Actions of a Franchisee (March Litigation Quarterly 2009)

March 1, 2009
By its very definition, a franchisee is an independent business separate from its franchisor.1 However, even though a franchisee is an independent business, its franchisor can still be[...]

No Longer In Denial: A Brief Discussion on the Florida Supreme Court's Expansion of Coverage for Construction Defects to CGL Policies (January[...]

January 14, 2009
Florida’s Supreme Court recently handed down two rulings which, in the context of construction defects litigation, will have widespread impact on both insurers and policyholders alike. U.S. Fire[...]

No Longer In Denial: A Brief Discussion on the Florida Supreme Court’s Expansion of Coverage for Construction Defects to CGL Policies (January[...]

January 1, 2009
Florida’s Supreme Court recently handed down two rulings which, in the context of construction defects litigation, will have widespread impact on both insurers and policyholders alike. U.S. Fire[...]