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Appellate

The Eleventh Circuit Court of Appeals Finds That Websites Are Not Places of Public Accommodation

April 28, 2021
In a long anticipated ruling, a split panel of the Eleventh Circuit Court of Appeals vacated a 2017 judgment that Winn-Dixie Stores’ website violated a visually impaired Florida customer’s rights under the Americans with Disabilities[...]

You Just Can’t Win in PIP: The Challenges of the
Limiting Charge Issue

April 21, 2021 | Michael A. Rosenberg
On March 16, 2021, the Third District Court of Appeal, in Priority Medical Center, LLC v. Allstate Insurance Company, No. 3D20-291 (Fla. 3d DCA), entertained oral argument on an issue that will affect every Florida[...]

“The code is more what you’d call ‘guidelines’ than actual rules.”
– Barbossa, Pirates of the Caribbean

October 19, 2020 | Michael A. Rosenberg
Florida Rule of Judicial Administration 2.250(a)(1) enumerates the time standards of a civil matter from the filing of a complaint to final disposition. Specifically, the Florida Supreme Court suggests that a jury case should be[...]

Nip a Punitive Damages Claim in the Bud:
Procedural Issues Corporations Should Attack

October 16, 2020 | Geraldine Pena
Punitive damages in Florida are meant to punish a defendant for wrongful conduct and deter similar conduct in the future. Once a claim for punitive damages is injected into a case, the landscape of the[...]

Supersedeas Bonds & Real Property

October 13, 2020 | David C. Borucke
Guided by a federal standard, the Third District Court of Appeal recently clarified the factors relevant to calculating the amount of a supersedeas bond where the final judgment pertains to real property. First, some basics.[...]

“You’ve Got Mail!”… But Do You Actually Ever Need to Receive It?

October 12, 2020
A common issue arising with first-party insurance litigation is when a homeowner alleges her or she did not receive payment of an insurance claim by mail. Insureds, or their assignees, often allege their insurance company[...]

Ancient Pure Bill of Discovery

October 8, 2020
A pure bill of discovery is an equitable remedy, rarely used since the adoption of the Florida Rules of Civil Procedure. This underutilized pleading can be used to petition the court for an order requiring[...]

Bad Faith & The Abuse of Civil Remedy Notices

October 7, 2020
CSK’s nationally recognized bad faith attorneys hold vast experience in defending, guiding and consulting all types of clients in bad faith claims including the abuse of Civil Remedy Notices (CRN) by Plaintiffs’ attorneys. The intricacies[...]

Perfecting Proposals for Settlement

October 6, 2020
In addition to briefing and arguing appeals, CSK’s Appellate Practice Group routinely provides litigation support at the trial level including formulation of defense strategy, handling dispositive motions, and providing appellate support at trial. The Appellate[...]

Lien on Me: Attorney’s Fees Liens in Florida

October 5, 2020 | Scott Cole
It is very common for Florida claimants to change attorneys during litigation. Invariably, the now former attorney will immediately send a letter to the insurer and new attorney asserting an attorney’s fee charging lien. Often,[...]