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Monthly Archives: July 2014
Objective Limitations, or, How the Vigorous Application[...]
July 14, 2014
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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[...]
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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[...]
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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[...]
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“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[...]
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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:[...]
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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[...]
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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[...]
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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[...]
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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[...]
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