The case of Joel and Marcia Hochberg v. Thomas Carter Painting, Inc., 36 Fla.L. Weekly D1200f, addresses the point of time at which the ...
By: Sherry Schwartz
On October 13, 2011, the Security Exchange Commission, Division of Corporations, released “new guidance” to ...
Numerous construction contracts and subcontracts include provisions requiring the parties to arbitrate their disputes, either in ...
For an insurer, numerous obligations are triggered upon notification of the existence of a claim. One of these is when a coverage defense ...
In the summer of 2008, Makimba Mimms, a former Navy information systems technician, sued a Manassas, Virginia gym alleging that he ...
On June 20, 2011, the United States Supreme Court (hereinafter “Supreme Court”) decided what has been deemed as one of the largest ...
Insureds have increasingly used Florida’s informal mediation program, set forth in §627.7015, Florida Statutes, as a defense to an ...
As those in the industry are aware, the standard AIA documents – as well many of the other form contracts in construction – include ...
On May 17, 2011, Governor Rick Scott signed Senate Bill 408 (the “Bill”) and significantly changed the landscape of sinkhole claims. ...
Punitive damages are frequently sought in all types of tort claims. Punitive damages are those damages that are intended to punish or ...
Although Florida courts are split on whether Florida Statute § 768.0755 (2010), Premises Liability for Transitory Foreign Substances ...
"Causation Defense Prevails"
To prevail in a medical malpractice action the plaintiff must establish the following as to each ...
Recently, the Supreme Court issued an opinion upholding the US “cat’s paw” theory of employer liability, under which an employer ...
On January 11, 2011, the U.S. Equal Employment Opportunity Commission (“EEOC”) reported that the filing of Charges alleging ...
- Objective Limitations, or, How the Vigorous Application of "Strong Form" Idea/Expression Dichotomy Analysis in Copyright Preliminary Injunction Hearings Might Just Save the First Amendment, 9 UCLA Ent. L. Rev. 361 (2002)2014-07-14
In Jupiter Medical Center, Inc. v. Visiting Nurse Association of Florida (full case here), the Appellant brought the action to vacate an ...
In Intervest Constr. of Jax, Inc. v. General Fid. Ins. Co., 2014 WL 463309 (Fla. 2014), the Florida Supreme Court decided a matter of first ...
Recently, the Florida Legislature passed new legislation in an effort to decrease the number of policyholders that are insured with ...
The ever-changing world of PIP is unpredictable. Frequent legislative changes, coupled with an oftentimes inconsistent and limited ...
Legal malpractice lawsuits often focus on the plaintiffs second-guessing the strategic and tactical decisions made by their own ...
From capturing those unforgettable life moments to tracking your weight loss goals with fellow dieters – the 21st Century social media ...
Email correspondences have become the norm in the legal world to exchange written communications with clients, opposing counsel, and ...
Patent Trolls have Cost U.S. Software and Internet based Companies Billions in Litigation Costs and Untold Amounts in Unreported ...
Contributory Trademark Infringement can Effect Carriers Issuing everything from the Standard Commercial General Liability Policy ...
There are four coverage trigger theories governing when “property damage” caused by an “occurrence” triggers a duty to ...
The Florida Supreme Court recently issued an opinion in the Maronda Homes case[1] and broadened the common law implied warranty of ...
By Mathew Schwartz
FINRA, the largest independent regulator for securities firms doing business in the United States, has ...
A constant plaintiff theme is to attempt to demonstrate that communications between a resident’s treating physician and the ...
By justin Saar
Contrary to popular belief, Florida’s Workers’ Compensation law is not always a complete bar to employee litigation ...
Florida business owners received a helpful ruling from the Third District Court of Appeal in Kenz v. Miami-Dade County, 116 So.3d 461 ...
Health care providers are required to meet the “standard of care” when treating patients and/or residents. So what exactly is the ...
Defending against complaints arising from the development of a pressure sore located in the sacrum or coccyx area typically involves ...
There is a great deal of community association litigation on the ability of homeowners’ and condominium associations to place ...
In Florida, fair housing litigation typically includes just a few distinct types of claims. Claims often arise from alleged ...
Homeowners’ Association Architectural Controls
A homeowners’ association may adopt written standards to control the external ...
By purchasing property in a community governed by a homeowners’ or condominium association, owners agree to comply with the ...
Community associations, through the board of directors, have a great deal of control over the provision of housing in their communities ...
Liens are a useful tool for contractors or subcontractors to obtain payment from the owners of construction projects in the event they are ...
It has long been the law in Florida that a Plaintiff alleging faulty design or construction is entitled only to the reasonable cost of ...
U.S. News and Best Lawyers, the leading survey of lawyers worldwide, have ranked Cole, Scott & Kissane one of the top law firms in the ...
Assessments are often a community association’s only source of income. Without regular payment of assessments, community ...
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