Category Archives: Case Law

The Offer of Judgment: Recovering Fees and Costs in Federal Court

The rigors and pace of federal litigation can drive-up the costs of defense. A prudent litigator should seek ways to recover fees and costs, where possible, for the benefit of his or her client. One means of recovering fees and costs in your federal case is pursuant to a proposal for settlement, also referred to Read More…

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Employment Law Update

On January 11, 2011, the U.S. Equal Employment Opportunity Commission (“EEOC”) reported that the filing of Charges alleging discrimination and/or retaliation with the federal agency nationwide hit an unprecedented level of 99,922 during fiscal year (FY) 2010, which ended Sept. 30, 2010.  While the number of Charges have increased, the EEOC reports that the amount Read More…

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Walmart vs. Dukes

On June 20, 2011, the United States Supreme Court (hereinafter “Supreme Court”) decided what has been deemed as one of the largest class action lawsuits ever filed.  Specifically, a class of 1.5 million female, Wal-Mart employees alleged that they suffered sexual discrimination in the workplace.  The claims were brought under Title VII on the basis Read More…

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Rule 30(b)(6) Depositions are Addressed in Detail by U.S. Dist. Ct. for Southern District of Florida

QBE Insurance Corporation v. Jorda Enterprises, Inc.

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Under Section 718.203(2), Manufacturer Does Not Mean “Supplier.”

The First District Court in Harbor Landing Condominium Owners Association, Inc. v. Harbor Landing, L.L.C., et al. determine d that the word “supplier” in Section 718.203(2) did not mean “manufacturer.”  Section 718.203(2), which pertains to condominium warranties, provides in part that “[t]he contractor, and all subcontractors and suppliers, grant developer and to the purchaser of Read More…

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A Farm Tractor is a Dangerous Instrumentality

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.  

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Middle District of Florida Affirms that Insured Not Entitled to Claim File Unless Bad Faith Claim

In Gavin’s Hardware vs. Federated Mutual Insurance (click on case name to view Order), the Middle District of Florida held that an insured is not entitled to production of the claim file, when the action is one of a breach of contract.  Despite the fact that the breach of contract action may lead to a Read More…

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Fourth DCA: Motion to Confirm Appraisal where Proceeds already paid, no entitlement attorney’s fees

State Farm Insurance Company vs. Silber — Fourth District Court of Appeal determined that an insured is not entitled to attorney’s fees or prejudgment interest where a Motion to Confirm Appraisal is filed, and the appraisal proceeds have been paid.

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Fourth District Awarded Attorney’s Fees against FIGA for Affirmative Denial

In Rahabi vs. Florida Insurance Guaranty Association, Inc. (click on case name for pdf version), the Fourth District Court of Appeal awarded attorney’s fees against FIGA, based upon its denial “by affirmative action” of the insureds’ claim.  Fla. Stat. 631.70.  Specifically, FIGA responded to the insureds’ complaint, alleging a breach of contract, and asserted seven Read More…

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Medicare Reporting Deadlines Pushed Back Again for only Some Claims

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