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01Jul

Florida Law Update: New Law Requires Consent for Pelvic Examinations and Defines Reproductive Battery

Florida HB 698 went into effect on July 1, 2020. This bill prohibits any health care provider, medical student, or other student studying under a health care practitioner from performing a pelvic examination of a patient without the patient’s consent or consent by the patient’s representative. The new law defines “pelvic examination” to include examinations of female anatomy, and it contains other non-gender specific terms, such as an examination of the rectum and “external pelvic tissue or organs.” The new law does not differentiate between medical subspecialties, and it applies to both females and males. There are two exceptions to[...]
10Apr

How may you benefit from the CARES Act?

On March 27, 2020, President Trump signed into law the “Coronavirus Aid, Relief and Economic Security (“CARES”) Act”. The CARES act provides over $2 Trillion in relief to many groups, including hospitals, airlines, small businesses and individuals. We have highlighted the provisions of the law that will have an impact on small businesses and individuals. INDIVIDUAL STIMULUS PAYMENTS Individuals and married couples will receive checks of $1,200 and $2,400, respectively. An additional $500 will be added for children under the age of 17. Phase out begins at $75,000 for individuals (complete phase out at $99,000) and $150,000 for married couples[...]
10Apr

Department of Labor Issues Poster Required by Families First Coronavirus Response Act

Cole, Scott & Kissane hopes for those who attended CSK's “The Employer’s Guide to COVID-19 Issues in the Workplace” webinar that you came away with a better understanding of the Families First Coronavirus Response Act and other employment laws impacted by the Coronavirus. Below is the link to the poster recently published by the Department of Labor, along with answers to FAQ’s regarding the notice requirements of the Families First Coronavirus Response Act. https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions If you have any questions or need any further assistance, please do not hesitate to contact Jessica Anderson at Jessica.Anderson@csklegal.com and (321) 972-0037, or Katie[...]
10Apr

Employers: Are you prepared for the Coronavirus?

With the continued spread of the Coronavirus (COVID-19), employers should evaluate their preparedness and response to the virus and other workplace issues that may arise. It is important to take steps necessary to ensure business continuity and slow the transmission of the Coronavirus for the health of your employees, your communities, and society as a whole. Business Continuity Plan: Develop a comprehensive Business Continuity Plan to ensure you will continue to have access to the resources and services you require. These plans should cover any contingency that might interrupt day-to-day business and be updated to account for new challenges caused[...]
10Apr

Department of Labor COVID-19 Guidance on Paid Sick Leave

On April 1, 2020, the Families First Coronavirus Response Act went into effect. It provides paid sick and family leave to employees through December 31, 2020 related to COVID-19. The Act applies to private employers with fewer than 500 employees. The company (not just the location) must have fewer than 500 employees. The Department of Labor has provided Q&A Guidance, which is discussed below. Please note, however, that this guidance is not binding on the courts, meaning there may eventually be a different interpretation of these issues by judges. What does the FMLA Expansion require? It expands FMLA, job-protected leave[...]
10Apr

CSK Miami Partners' Richard Adams and Benjamin Esco for recently receiving a favorable result after a 4-day Jury Trial

Congratulations to CSK Miami Partners' Richard Adams and Benjamin Esco for recently receiving a favorable result after a 4-day Jury Trial in Key West. Our insured was a commercial tow truck company, whose driver rear-ended the plaintiff’s Volvo station wagon. Plaintiff had stopped at the intersection of US-1 and Roosevelt Boulevard to allow bicyclists to cross in the crosswalk. The accident impact bent the frame of the station wagon, dislodged the radio from the dashboard, broke the transmission, and prevented the doors from opening/closing. The plaintiff received same-day treatment at the Emergency Room, complaining of head injury, back pain, loss[...]
06Apr

CSK Successfully Obtains Dismissal Based on Plaintiff’s Failure to Comply with Statutory Requirements

CSK West Palm Beach Partners Rachel Beige and Karly Wannos and Associate Rebecca Hertz obtained a dismissal on behalf of Norwegian Cruise Line in Miami-Dade Circuit Court based on the failure to take appropriate action to substitute a party following the Plaintiff’s death.  The Complaint was originally filed in October 2017 for breach of contract for unpaid sales commissions and unpaid wages pursuant Fla. Stat. § 448.08.  The Plaintiff passed away December 2018 and her estate closed in early January 2020 without any substitution or motion for extension being filed. On the eve of Defendant’s Motion to Dismiss, scheduled to[...]
01Apr

Progressive American Ins. Co. v. Broward Ins. Recovery Center, LLC, a/a/o Shannon Griffith

Case: Progressive American Ins. Co. v. Broward Ins. Recovery Center, LLC, a/a/o Shannon Griffith Venue: Seventeenth Judicial Circuit, Appellate Division Alexandra Valdes of CSK’s Miami office obtained a per curiam Final Order Granting Petition for Writ of Certiorari, which quashed a county court order denying the insurer’s motion to compel appraisal in a windshield litigation action.
01Apr

Whitfield v. Southern-Owners Insurance Company

Case: Whitfield v. Southern-Owners Insurance Company Venue: First District Court of Appeal Scott Cole of CSK’s Miami office obtained a per curiam affirmance of the trial court’s denial of the plaintiff/appellant’s Motion to File Second Amended Complaint to add counts for statutory bad faith pursuant to their previously filed uninsured motorist claim. The defendant/appellee successfully argued that the denial of the Motion was a proper exercise of the trial court’s broad discretion as the defendant would be prejudiced if the amendment were allowed, while the plaintiff suffered no prejudice by the denial of the Motion. The First District Court of[...]
01Apr

Griffiths v. Del Prado Retail Center, LLC

Case: Griffiths v. Del Prado Retail Center, LLC Venue: Second District Court of Appeal Mark D. Tinker of CSK’s Tampa office obtained an affirmance of a defense judgment in a retail wrongful death/negligent security case. An unknown assailant shot and killed the decedent while in the shopping plaza, and the estate appealed claiming that the trial court erred by changing the jury pool after the parties had already exercised challenges, and by allowing a juror familiar with news reports of the incident to remain. The defendant/appellee argued issues of abandonment, invited error, and trial court discretion in order to achieve[...]