Archive by Author
22
Dec

Florida Law Alliance presents 5 Hour Law and Ethics Course

Thursday, February 26, 2015 Members of the Florida Law Alliance will present the 5.0 Law and Ethics Course, which will satisfy the new (5-620) course for Florida adjusters required by the State of Florida, Department of Financial Services. The seminar will take place on Thursday, February 26 at the Hilton Orlando/Altamonte Springs. Topics and speakers […]

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02
Oct

Premises Liability Claims are About More than Just Notice

One of the most common types of claims faced by business and property owners is a slip and/or trip and fall. While we are all familiar with the general law regarding premises liability, a recent decision from the Florida 2nd District Court of Appeals (“DCA”) serves as a reminder that business and property owners are […]

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10
Jul

Construction Liens: Don’t Let Your Arbitration Clause Cost You Your Lien Rights

An interesting issue was recently presented to Florida’s Second District Court of Appeal in the case of Snell v. Mott’s Contracting Services, Inc. The issue pertained to lien rights and the distinction between filing a lawsuit and resolving a dispute through arbitration. If you are like most people in the construction industry, it probably never […]

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28
Aug

October 24 Florida Law Alliance Continuing Education Conference, Tampa

Members of the Florida Law Alliance team will present their first Continuing Education Conference on October 24, 2013 at the DoubleTree Westshore Hotel in Tampa. Topics and speakers include: You Gotta Have Faith: How Smart Handling Prevents Bad Faith presented by Attorney Daniel Mitchell from Barr Murman in Tampa. Attorney Mitchell will discuss trends in insurer […]

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21
Aug

Florida Claims Administration Statute: Does it Apply in the Uninsured/Underinsured Motorists Claims Context?

Authored by Eric R. Elms, Esquire, an associate with the Fisher Rushmer firm in Orlando. He focuses his practice in insurance, civil litigation, collections, commercial and business litigation, employment and professional liability matters. Eric can be reached at (407) 843-2111 or via email at eelms@fisherlawfirm.com.  Your insured just called. She was in a car accident five […]

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08
Jul

Title VII Retaliation Claims Require But-For Causation

By:  Dana Chang, an associate at Clarke Silverglate, P.A. in Miami, Florida In a recent opinion, University of Texas Southwestern Medical Center v. Nassar, the U.S. Supreme Court held that retaliation claims brought under Title VII require but-for causation. In reversing a Fifth Circuit Court of Appeals’ decision, the Court foreclosed mixed-motive liability in Title VII retaliation claims. […]

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28
May

SB286: A Bill Limiting the Individual Liability of Design Professionals

By J. Matthew Belcastro, Esquire. Matthew is is a shareholder in Henderson Franklin’s tort and insurance practice group and chair’s the Construction Litigation group. He can be reached at 239.344.1205 or at matthew.belcastro@henlaw.com. Recently, Governor Rick Scott signed into law SB286. The purpose of the law is to assist design professionals in avoiding personal liability under […]

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20
May

Adjusting Subrogation Claims When a Landlord’s Insurer is Subrogating the Landlord’s Tenant

  Authored by Eric R. Elms, Esquire, an associate with the Fisher Rushmer firm in Orlando. He focuses his practice in insurance, civil litigation, collections, commercial and business litigation, employment and professional liability matters. Eric can be reached at (407) 843-2111 or via email at eelms@fisherlawfirm.com.  You just received a subrogation demand from an insurer whose […]

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05
Feb

Third District Court of Appeal Holds Florida Civil Rights Act Does Not Prohibit Pregnancy Discrimination

By:  Dana Chang, an associate at Clarke Silverglate, P.A. in Miami, Florida In a recent decision, Delva v. Cont’l Group, Inc., 2012 WL 3022986 (Fla. 3d DCA 2012), the Third District Court of Appeal[1] joined the First District Court of Appeal, holding that the Florida Civil Rights Act (“FCRA”) does not prohibit pregnancy discrimination. This […]

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06
Nov

Discovery in the Age of Facebook

By:  Stephanie Preston, Esquire Constitutional Right of Privacy The Florida Constitution affords Floridians the right of privacy where there is a reasonable expectation of privacy. However, the decision to take photographs and to keep a record that may be shown to people in the future weighs against a reasonable expectation of privacy. A.H. v. State, […]

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