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Case Law

PIP Demand Letters Matter:
Substantial Compliance is a Thing of the Past

February 26, 2021
Challenging the sufficiency of pre-suit demand letters based on the specificity requirements of section 627.736(10), Florida Statutes has proven (in the past) to be difficult due to a range of conflicting rulings from both county[...]

The Offer of Judgment: Recovering Fees and Costs in Federal Court

August 12, 2014
The rigors and pace of federal litigation can drive-up the costs of defense. A prudent litigator should seek ways to recover fees and costs, where possible, for the benefit of his or her client. One[...]

Employment Law Update

July 14, 2014 | Jana Leichter
On January 11, 2011, the U.S. Equal Employment Opportunity Commission (“EEOC”) reported that the filing of Charges alleging discrimination and/or retaliation with the federal agency nationwide hit an unprecedented level of 99,922 during fiscal year[...]

Walmart vs. Dukes

July 14, 2014 | Alan St. Louis
On June 20, 2011, the United States Supreme Court (hereinafter “Supreme Court”) decided what has been deemed as one of the largest class action lawsuits ever filed.  Specifically, a class of 1.5 million female, Wal-Mart[...]

Under Section 718.203(2), Manufacturer Does Not Mean “Supplier.”

July 14, 2014
The First District Court in Harbor Landing Condominium Owners Association, Inc. v. Harbor Landing, L.L.C., et al. determine d that the word "supplier" in Section 718.203(2) did not mean "manufacturer."  Section 718.203(2), which pertains to[...]

A Farm Tractor is a Dangerous Instrumentality

July 14, 2014
In Rippy vs. Shepard(<--click for full case), the Florida Supreme Court determined that because a farm tractor is a motor vehicle and because it is of such size and character as to be peculiarly dangerous[...]

Middle District of Florida Affirms that Insured Not Entitled to Claim File Unless Bad Faith Claim

July 14, 2014
In Gavin's Hardware vs. Federated Mutual Insurance (click on case name to view Order), the Middle District of Florida held that an insured is not entitled to production of the claim file, when the action[...]

Fourth DCA: Motion to Confirm Appraisal where Proceeds already paid, no entitlement attorney’s fees

July 14, 2014
State Farm Insurance Company vs. Silber -- Fourth District Court of Appeal determined that an insured is not entitled to attorney's fees or prejudgment interest where a Motion to Confirm Appraisal is filed, and the[...]

Fourth District Awarded Attorney’s Fees against FIGA for Affirmative Denial

July 14, 2014
In Rahabi vs. Florida Insurance Guaranty Association, Inc. (click on case name for pdf version), the Fourth District Court of Appeal awarded attorney's fees against FIGA, based upon its denial "by affirmative action" of the[...]