Numerous construction contracts and subcontracts include provisions requiring the parties to arbitrate their disputes, either in ...
- Objective Limitations, or, How the Vigorous Application of "Strong Form" Idea/Expression Dichotomy Analysis in Copyright Preliminary Injunction Hearings Might Just Save the First Amendment, 9 UCLA Ent. L. Rev. 361 (2002)2014-07-14
For an insurer, numerous obligations are triggered upon notification of the existence of a claim. One of these is when a coverage defense ...
As those in the industry are aware, the standard AIA documents – as well many of the other form contracts in construction – include ...
Punitive damages are frequently sought in all types of tort claims. Punitive damages are those damages that are intended to punish or ...
Although Florida courts are split on whether Florida Statute § 768.0755 (2010), Premises Liability for Transitory Foreign Substances ...
"Causation Defense Prevails"
To prevail in a medical malpractice action the plaintiff must establish the following as to each ...
Recently, the Supreme Court issued an opinion upholding the US “cat’s paw” theory of employer liability, under which an employer ...
On January 11, 2011, the U.S. Equal Employment Opportunity Commission (“EEOC”) reported that the filing of Charges alleging ...
In Jupiter Medical Center, Inc. v. Visiting Nurse Association of Florida (full case here), the Appellant brought the action to vacate an ...
In Intervest Constr. of Jax, Inc. v. General Fid. Ins. Co., 2014 WL 463309 (Fla. 2014), the Florida Supreme Court decided a matter of first ...
Recently, the Florida Legislature passed new legislation in an effort to decrease the number of policyholders that are insured with ...
The ever-changing world of PIP is unpredictable. Frequent legislative changes, coupled with an oftentimes inconsistent and limited ...
Legal malpractice lawsuits often focus on the plaintiffs second-guessing the strategic and tactical decisions made by their own ...
From capturing those unforgettable life moments to tracking your weight loss goals with fellow dieters – the 21st Century social media ...
Email correspondences have become the norm in the legal world to exchange written communications with clients, opposing counsel, and ...
Contributory Trademark Infringement can Effect Carriers Issuing everything from the Standard Commercial General Liability Policy ...
Patent Trolls have Cost U.S. Software and Internet based Companies Billions in Litigation Costs and Untold Amounts in Unreported ...
There are four coverage trigger theories governing when “property damage” caused by an “occurrence” triggers a duty to ...
The Florida Supreme Court recently issued an opinion in the Maronda Homes case[1] and broadened the common law implied warranty of ...
By Mathew Schwartz
FINRA, the largest independent regulator for securities firms doing business in the United States, has ...
A constant plaintiff theme is to attempt to demonstrate that communications between a resident’s treating physician and the ...
By justin Saar
Contrary to popular belief, Florida’s Workers’ Compensation law is not always a complete bar to employee litigation ...
Florida business owners received a helpful ruling from the Third District Court of Appeal in Kenz v. Miami-Dade County, 116 So.3d 461 ...
Health care providers are required to meet the “standard of care” when treating patients and/or residents. So what exactly is the ...
Defending against complaints arising from the development of a pressure sore located in the sacrum or coccyx area typically involves ...
There is a great deal of community association litigation on the ability of homeowners’ and condominium associations to place ...
In Florida, fair housing litigation typically includes just a few distinct types of claims. Claims often arise from alleged ...
Homeowners’ Association Architectural Controls
A homeowners’ association may adopt written standards to control the external ...
By purchasing property in a community governed by a homeowners’ or condominium association, owners agree to comply with the ...
Community associations, through the board of directors, have a great deal of control over the provision of housing in their communities ...
Liens are a useful tool for contractors or subcontractors to obtain payment from the owners of construction projects in the event they are ...
It has long been the law in Florida that a Plaintiff alleging faulty design or construction is entitled only to the reasonable cost of ...
U.S. News and Best Lawyers, the leading survey of lawyers worldwide, have ranked Cole, Scott & Kissane one of the top law firms in the ...
Assessments are often a community association’s only source of income. Without regular payment of assessments, community ...
In Barbara Kragor v. Takeda Pharmaceuticals America, Inc., 702 F.3d 1304 (11th Cir. 2012), the Eleventh Circuit, whose precedent is ...
With condominium and homeowner’s associations still rebounding from the 2007 housing crisis, many communities are plagued with unit ...
The failure to have a proper license as a contractor, where a license is required, may have adverse consequences to the party performing ...
It seems as if every time we turn on the news there is a new allegation of sexual abuse and assaults committed in the context of an employment ...
By: Christopher Donegan, Esq.
Between 2000 and 2006, an estimated 1.7 million people annually reported sustaining a traumatic brain ...
With the advent of the mediation process (which is mandatory in any civil action in Florida), over 95% of all lawsuits now settle before ...
Florida’s First District Court of Appeal recently issued an important opinion regarding a Developer’s and Contractor’s ...
Florida’s First District Court of Appeal recently issued an important opinion regarding a Developer’s and Contractor’s ...
Scott Cole and Anne Sullivan of Cole, Scott & Kissane’s Appellate Group successfully defended an appeal involving a trip-and-fall ...
Vincent Gannuscio of Cole, Scott & Kissane’s Tampa office obtained a complete defense verdict this trip-and-fall case. The ...
Barry Postman and Karly Wannos of Cole, Scott & Kissane’s West Palm Beach office obtained a complete defense verdict in a hotly ...
Aram Megerian and Tawna Schilling of Cole, Scott & Kissane’s Tampa office obtained a complete defense verdict in this premises ...
QUESTIONS AND CONCERNS IN THE AGE OF SOCIAL MEDIA
While the momentous events of the 2011 show that social media has the capacity to affect ...
On October 18, 2012, Cole, Scott & Kissane, P.A. partnered with The Green Companies to host an event along with our client, Ford. As a ...
Publications Archive
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