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Florida Supreme Court Rules That Extra-contractual, Consequential Damages Are Not Recoverable In A First-party Breach of Contract Action

January 21, 2021
On January 21, 2021, in the case of Citizens Property Insurance Corporation v. Manor House, LLC, et al., SC19-1394 (Fla. 2021), the Florida Supreme Court held that extra-contractual, consequential damages[...]

“The code is more what you'd call ‘guidelines’ than actual rules.” – Barbossa, Pirates of the Caribbean

October 19, 2020 | Michael A. Rosenberg
Florida Rule of Judicial Administration 2.250(a)(1) enumerates the time standards of a civil matter from the filing of a complaint to final disposition. Specifically, the Florida Supreme Court suggests that[...]

CSK Attorneys Obtain Dismissal of Tampa Restaurant’s Federal COVID-19 Business Interruption Suit

October 16, 2020
CSK Tampa attorneys Mark Tinker and Mary Lou Cuellar-Stilo successfully obtained a dismissal, with prejudice, of a Tampa restaurant’s claim for lost income and business interruption coverage under a certificate[...]

Nip a Punitive Damages Claim in the Bud: Procedural Issues Corporations Should Attack

October 16, 2020 | Geraldine Pena
Punitive damages in Florida are meant to punish a defendant for wrongful conduct and deter similar conduct in the future. Once a claim for punitive damages is injected into a[...]

Supersedeas Bonds & Real Property

October 13, 2020 | David C. Borucke
Guided by a federal standard, the Third District Court of Appeal recently clarified the factors relevant to calculating the amount of a supersedeas bond where the final judgment pertains to[...]

“You’ve Got Mail!”... But Do You Actually Ever Need to Receive It?

October 12, 2020
A common issue arising with first-party insurance litigation is when a homeowner alleges her or she did not receive payment of an insurance claim by mail. Insureds, or their assignees,[...]

Ancient Pure Bill of Discovery

October 8, 2020
A pure bill of discovery is an equitable remedy, rarely used since the adoption of the Florida Rules of Civil Procedure. This underutilized pleading can be used to petition the[...]

Bad Faith & The Abuse of Civil Remedy Notices

October 7, 2020
CSK’s nationally recognized bad faith attorneys hold vast experience in defending, guiding and consulting all types of clients in bad faith claims including the abuse of Civil Remedy Notices (CRN)[...]

Perfecting Proposals for Settlement

October 6, 2020
In addition to briefing and arguing appeals, CSK’s Appellate Practice Group routinely provides litigation support at the trial level including formulation of defense strategy, handling dispositive motions, and providing appellate[...]

Lien on Me: Attorney’s Fees Liens in Florida

October 5, 2020 | Scott Cole
It is very common for Florida claimants to change attorneys during litigation. Invariably, the now former attorney will immediately send a letter to the insurer and new attorney asserting an[...]

Admissibility of Expert Testimony Under the Daubert Standard: The “Reliability” Factor

October 2, 2020 | Sarah Hafeez
In May 2019, the Florida Supreme Court found the standard set forth in Daubert v. Merrell-Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), would determine the admissibility of expert testimony in[...]

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

July 1, 2020
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[...]