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The Changing Faces of Indemnity Provisions in Construction Contracts (December Quarterly Litigation 2008)

December 1, 2008
In 1972, the Florida legislature enacted section 725.06, Florida Statutes which places limitations on indemnification in construction contracts.1 Although this statute remained unchanged for eighteen years, in the last decade,[...]

Contribution of Joint Tortfeasors and Its Potential Effects Upon Case Resolution: (June Litigation Quarterly 2008)

June 14, 2008
Just When You Think You’re Out, They Pull You Back In A key concern in the resolution of any claim, whether prior or subsequent to the initiation of actual litigation,[...]

The Effect of a Lis Pendens (June Litigation Quarterly 2008)

June 14, 2008
During recent months, the number of foreclosure actions in the United States has increased dramatically.  According to the May 2008 RealtyTrac U.S. Foreclosure Market Report, there were 261,255 foreclosure actions[...]

Can A Parent Waive Their Own Child’s Personal Injury Claim? (June Litigation Quarterly 2008)

June 1, 2008 | Aram Megerian
Generally, an exculpatory clause is valid and enforceable when it clearly and unequivocally expresses a party’s intention to be relieved from liability, even from their own gross negligence.1 However, for[...]

The Effect of a Lis Pendens (June Litigation Quarterly 2008)

June 1, 2008
During recent months, the number of foreclosure actions in the United States has increased dramatically.  According to the May 2008 RealtyTrac U.S. Foreclosure Market Report, there were 261,255 foreclosure actions[...]

Contribution of Joint Tortfeasors and Its Potential Effects Upon Case Resolution: (June Litigation Quarterly 2008)

June 1, 2008
Just When You Think You’re Out, They Pull You Back InA key concern in the resolution of any claim, whether prior or subsequent to the initiation of actual litigation, is[...]

Fraud on the Courts: (June Litigation Quarterly 2008)

June 1, 2008
When it Rises to the Level of Egregiousness Necessary to Warrant Dismissal Trial courts have inherent authority to dismiss lawsuits when one of the parties perpetrates fraud on the court or[...]

June Litigation Quarterly 2008

June 1, 2008
Quarterly June 2008 [caption id="attachment_1460" align="alignleft" width="150"] June 2008[/caption]

Defending Economic Damages with Cost of Annuity Evidence (Anniversary Issue Litigation Quarterly March 2008)

May 1, 2008 | Daniel Kissane
Florida Statute § 768.77 requires verdicts in any personal injury or wrongful death action to be itemized and any amounts awarded for future economic losses to be reduced to present[...]

First-Party Bad Faith Claims Against Medical Malpractice Liability Insurers (Anniversary Issue Litigation Quarterly March 2008)

March 14, 2008
Florida courts have long recognized an insurer’s obligation to act in good faith when defending claims against the insured.  In Boston Old Colony Ins. Co. v. Gutierrez, 386 So. 2d[...]