Monthly Archives: July 2014

Objective Limitations, or, How the Vigorous Application[...]

July 14, 2014

Cracking the Code Florida’s Senate Bill 408’s[...]

July 14, 2014

On May 17, 2011, Governor Rick Scott signed Senate Bill 408 (the “Bill”) and significantly changed the landscape of sinkhole[...]

Employment Law Update

July 14, 2014

On January 11, 2011, the U.S. Equal Employment Opportunity Commission (“EEOC”) reported that the filing of Charges alleging discrimination and/or[...]

Do You Value Your Appraisal Provision?

July 14, 2014

Insureds have increasingly used Florida’s informal mediation program, set forth in §627.7015, Florida Statutes, as a defense to an insurer’s[...]

“Cat’s Paw” Theory of Liability

July 14, 2014

Recently, the Supreme Court issued an opinion upholding the US “cat’s paw” theory of employer liability, under which an employer[...]

Medical Malpractice Legal Update — Third Edition

July 14, 2014

"Causation Defense Prevails" To prevail in a medical malpractice action the plaintiff must establish the following as to each defendant:[...]

No Longer Waiting on Williams: Supreme Court[...]

July 14, 2014

Although Florida courts are split on whether Florida Statute § 768.0755 (2010), Premises Liability for Transitory Foreign Substances in a[...]

The Long Arm of Punitive Damages

July 14, 2014

Punitive damages are frequently sought in all types of tort claims. Punitive damages are those damages that are intended to[...]

Walmart vs. Dukes

July 14, 2014

On June 20, 2011, the United States Supreme Court (hereinafter “Supreme Court”) decided what has been deemed as one of[...]

Right Waiver? No Problem. Wrong Waiver? Problem.

July 14, 2014

In the summer of 2008, Makimba Mimms, a former Navy information systems technician, sued a Manassas, Virginia gym alleging that[...]