COVID-19 Defense Team | Stay up to date on the COVID-19 pandemic

Litigation

United States Senate Passes Massive Infrastructure
Bill : What it means for the Trucking Industry

August 16, 2021 | Samuel E. Basch
On August 10, 2021, the United States Senate passed a massive $1 trillion infrastructure bill, known as the Infrastructure Investment and Jobs Act of 2021. The bill allocates $110 billion to bridges and roads and[...]

C-Suite Executives Beware: Handling Sensitive Claims Is the Key to Avoiding Disaster

June 15, 2021 | Robert F. Lasky
In today’s world, more and more organizations have come under fire for failing to respond or for improperly responding to allegations regarding internal misconduct such as discrimination, sexual harassment, inappropriate behavior, or severe breaches of[...]

You Just Can’t Win in PIP: The Challenges of the
Limiting Charge Issue

April 21, 2021 | Michael A. Rosenberg
On March 16, 2021, the Third District Court of Appeal, in Priority Medical Center, LLC v. Allstate Insurance Company, No. 3D20-291 (Fla. 3d DCA), entertained oral argument on an issue that will affect every Florida[...]

The 20% Rule: An Emerging Theory of Liability Under the FLSA

July 28, 2016 | Eric Moody
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 of liability under the FLSA that affects employers with tipped[...]

Repeal of the McCarran Act Would Roil the Insurance Industry

July 21, 2016 | David C. Borucke
By: David C. Borucke The business of insurance is insulated from the full weight of antitrust law under the McCarran-Ferguson Act (the “McCarran Act”).1 This statutory protection, however, may soon disappear. Multiple bills to repeal[...]

FINRA Arbitration and Emerging Trends

February 25, 2016
FINRA arbitration, the mandatory dispute resolution forum for brokerage firms, is experiencing an all-time low in new case filings. Positive market conditions have influenced the number of new customer claims filed against registered representatives and[...]

Does Your Exculpatory Contract Say The Magic Words?

February 23, 2016 | Eric Rieger
Cole, Scott & Kissane has highly trained attorneys who focus on the defense of the fitness, travel and entertainment industries.  Quite often, these industries offer facilities or services to the public or to private members[...]

The Legal Implications of Cell Phone Use While Driving

February 11, 2016 | Melissa Crowley
By Melissa D. Crowley, Esq. As the prevalence of sending emails, texting, posting on social networks, and making calls from smartphones while driving has increased, the legal implications for doing so has increased as well.[...]

Defending the Insured Under a Reservation of Rights

February 9, 2016
By David S. Harrigan, Esq. Insurers providing coverage under a standard CG 00 01 insuring agreement obligate themselves to “pay those sums that the insured becomes obligated to pay as damages because of ‘bodily injury’[...]

Proposals for Settlement and the New Breed of Strict Construction

February 2, 2016
By Kathryn L. Ender, Esq. Proposals for settlement have become common-place in litigation as a strategic means to engage settlement, and as a feeshifting mechanism in the event settlement reaches impasse. Florida Rule of Civil[...]