Summer 2011 CSK Quarterly

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Fourth DCA: Illegality of Contract Must be Considered

In Jupiter Medical Center, Inc. v. Visiting Nurse Association of Florida (full case here), the Appellant brought the action to vacate an arbitral award on the ground that it was based on an illegal contract.  The trial court did not address the issues of the contract's legality, and entered an order enforcing the arbitral award.  The Fourth District Court reversed [...]


Second District Addresses Landlord/Owner Liability in Negligent Security Cases

In Jones v. Basha, the Second District addressed Landlord/Owner Liability in the negligent security context.  This case involved a carjacking, which occurred in arguably an area considered to be the "Common Area."  The court terms the parking lot, where the carjacking occurred, outside the store as "public access to the store," as opposed to being part of the demised port[...]


NLRB Issues New Notice Posting Requirements Effective 11/14/11

Pursuant to the National Labor Relations Board's new notice requirement (found here), every employer, subject to the National Labor Relations Act, must conspicuously post notices to employees informing of their rights under the National Labor Relations Act.  Failing to post the required notice may be considered an unfair labor practice in violation of Section 8(a)(1) of t[...]


Fourth District Court determines that Proposal for Settlement not Ambiguous

In Jeffrey Jones v. Publix Supermarkets, Inc., the Plaintiff filed a proposal for settlement that provided in part that "This proposal for settlement encompasses all damages and expenses associated with this claim even those damages or expenses as to which collateral source payments have been made," and that plaintiff "will execute a full re[...]


Bad Faith Boot Camp





Household exclusion provision in Policy addressed by Fla. Supreme Court

In State Farm Mutual Automobile Insurance Company v. Gilda Menendez, the Florida Supreme Court addressed the following issue, which was in conflict between the Third and Fourth District Courts of Appeal, that is:  "whether the household exclusion barring coverage for 'any bodily injury to' 'any insured or any member of an ins[...]


Trial Court Erred in Compelling Disclosure of "Trade Secret" Documents

Second District Court of Appeal ruled that trial court departed from the essential requirements of law by ordering the disclosure of documents characterized by a party as "trade secrets," without first undertaking an in-camera review.

To read entire case, please click link below:

Summitbridge National Investments, LLC v. 1221 Palm Harbor LLC, et al.,[...]


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