As part of Florida’s increasing efforts to achieve energy efficiency in new construction, changes have been made to the methodology of ...
Florida’s Third District Court of Appeal (“Third District”) recently addressed the applicable statute of limitations for ...
Insurance carriers can breathe a little easier. The Eleventh Circuit recently ruled, in EmbroidMe.com, Inc. v. Travelers Property & ...
It is a fairly common fact pattern in construction defect claims: A design professional, such as an architect or engineer, is contracted ...
The Southern District of New York recently made the importance of notice requirements in a claims-made policy abundantly clear.[1] ...
In recent years, assignment of benefits claims have become one of the biggest problems facing homeowners’ insurance carriers in ...
Has Plaintiff Set in Motion an Unconscionable Scheme Calculated To Interfere With the Administration of Justice
Insurance carriers ...
Let’s face it, accidents happen. But, when they do, we hope for a host of reasons that the injuries are not severe enough to warrant a visit ...
Transgender discrimination has increasingly become a topic of concern for employers and insurance professionals who handle these ...
The Centers for Medicare and Medicaid Services (CMS) issued a final rule September 28, 2016, that prohibits nursing home facilities that ...
Most, if not all, commercial general liability policies contain a workers’ compensation exclusion, which have been widely ...
The First District Court of Appeal recently addressed the standard to apply in calculating prejudgment interest. In Arizona Chemical ...
By: Eric B. Moody
Employers are no doubt familiar with the Fair Labor Standards Act (“FLSA”), but may not be aware of an emerging theory ...
By: David C. Borucke
The business of insurance is insulated from the full weight of antitrust law under the McCarran-Ferguson Act (the ...
By: Paula J. Lozano
In Florida medical malpractice lawsuits, plaintiffs’ attorneys often sue not only the providers involved in the ...
In Brock v. Garner Window & Door Sales, Inc.,[1] Florida’s Fifth District Court of Appeal rejected a novel attempt to circumvent ...
David Salazar, Esq., a partner in Cole, Scott & Kissane’s (“CSK’s”) Construction Group, recently filed and argued a Motion for ...
FINRA arbitration, the mandatory dispute resolution forum for brokerage firms, is experiencing an all-time low in new case filings ...
Cole, Scott & Kissane has highly trained attorneys who focus on the defense of the fitness, travel and entertainment industries. Quite ...
By Melissa D. Crowley, Esq.
As the prevalence of sending emails, texting, posting on social networks, and making calls from smartphones ...
By David S. Harrigan, Esq.
Insurers providing coverage under a standard CG 00 01 insuring agreement obligate themselves to “pay those ...
By Kathryn L. Ender, Esq.
Proposals for settlement have become common-place in litigation as a strategic means to engage settlement, and ...
In Mid-Continent Casualty Company v. James T. Treace, 41 Fla. L. Weekly D60c (Fla. 5th DCA Dec. 31, 2015), Florida’s Fifth District ...
Cole, Scott & Kissane, P.A. wishes you a Happy and Healthy Holiday Season! It would, however, seem as though the Holidays have arrived just ...
Florida Community Association Litigation: Homeowners’ Associations and Condominiums
Attorneys that practice community ...
The Fifth District Court of Appeal of the State of Florida recently issued an opinion in Cypress Fairway Condominium Association, Inc. v ...
A Primer on the difficulties a Contractor Faces When Dealing With Change Work
(published in the Magazine for the University of ...
The Eleventh Circuit Court of Appeals recently reaffirmed Florida as an injury-in-fact trigger state in Carithers v. Mid-Continent ...
The flow of construction stormwater legislation and rulemaking from Washington D.C. and Tallahassee has been steady in recent years. ...
On December 24, 2014, the United States Court of Appeals for the Eleventh Circuit published an opinion finding no coverage for a ...
In this digital age, almost every accounting firm has an attractive website which touts the firm’s expertise and experience in a wide ...
The rigors and pace of federal litigation can drive-up the costs of defense. A prudent litigator should seek ways to recover fees and ...
Brian Dominguez, an Associate from CSK’s Miami office, sat down recently with one of our firm’s distinguished Partners, Thomas ...
Often times, a defendant is sued in state court and presented with the option to remove the matter to federal court. Differences between ...
Maritime law, also referred to as admiralty law, is the body of law that governs navigation and shipping. It is a unique area of law that ...
A “battle of the experts” is often the reality in civil litigation. A case may be won or lost based on expert testimony and this is ...
The Eleventh Circuit Court of Appeals continues to find favorably for commercial general liability (CGL) carriers on coverage for ...
Affidavits and Declarations must reflect an individual's personal knowledge, and terms such as "belief" and "understanding" do not ...
In Irizarry v. Moore (click for full text of case), the Fifth District Court of Appeal determined that counsel for appellees stepped over ...
In Jeffrey Jones v. Publix Supermarkets, Inc., the Plaintiff filed a proposal for settlement that provided in part that "This proposal ...
Pursuant to the National Labor Relations Board's new notice requirement (found here), every employer, subject to the National Labor ...
In Jones v. Basha, the Second District addressed Landlord/Owner Liability in the negligent security context. This case involved a ...
In Rahabi vs. Florida Insurance Guaranty Association, Inc. (click on case name for pdf version), the Fourth District Court of Appeal ...
- State Farm Insurance Company vs. Silber -- Fourth District Court of Appeal determined that an insured is not entitled to attorney's fees ...
In Gavin's Hardware vs. Federated Mutual Insurance (click on case name to view Order), the Middle District of Florida held that an insured ...
In Rippy vs. Shepard(<--click for full case), the Florida Supreme Court determined that because a farm tractor is a motor vehicle and because it is of such size and character as to be peculiarly dangerous in its operation, a farm tractor is a dangerous instrumentality.
The First District Court in Harbor Landing Condominium Owners Association, Inc. v. Harbor Landing, L.L.C., et al. determine d that the ...
CSK Construction Division - January 2012 Legal Spotlight
Happy New Year! This Month's Construction Law Email Blast will focus on recent ...