Articles and Publications
Below you will find our articles sorted by Practice Areas and Industry Groups.
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Practice Areas
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Casualty Defense
Florida Legislature Re-Establishes a Parent’s Right to Waive in Advance Some Personal Injury Claims of a Minor-Participant in Commercial Activities
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Florida Premises Statute Reintroduces the Notice Requirement for Plaintiff to Plead and Prove into Premises Liability Actions. by Jacey Kaps, Brooke L. Ehrlich
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A Case Study: Negligent Hiring and Retention Claims by LaShawnda K. Jackson, J. Scott Kirk, Damien A. Orato
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Proposals for Settlement: A Valuable Tool in a Litigant's Arsenal by Anna H. Upton
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Tractor-Trailer ECM Data Plays Part in Spoliation of Evidence by J. Scott Kirk, Damien A. Orato
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Gainesville Sun Interviews Brian Baggot about Dram Shop Liability by Brian J. Baggot
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The Expanding Safety Responsibilities of Crane Operators, Constructor Magazine by Robert L. Blank, Michael L. Forte
Medicare Secondary Payer Act (MSP): What Is It? and What Impact Will It Have? by Jacey Kaps, Brooke L. Ehrlich
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Chemicals, Asbestos and Toxic Torts
Proper Coverage for Bedbug Infestations by Daniel J. Gerber
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Federal Preemption after Wyeth v. Levine by Daniel J. Gerber
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"Walking a Tightrope, the Liability Risks of Assessing the Presence of Mold in Wood Destroying Organisms Inspection Reports," Pest Control Technology Magazine by Brian J. Baggot
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"Get an Annual Legal Audit," Pest Control Magazine by Daniel J. Gerber
“Fear Damages in Toxic Tort Actions,” For the Defense by Daniel J. Gerber
"How to Avoid Pesticide Exposure Lawsuits," Pest Control Magazine by Daniel J. Gerber
"Providing Attorneys Fees in a Pest Control Contract Who Benefits?," Pest Control by Brian J. Baggot, Robert L. Blank
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Commercial Litigation
Federal Preemption after Wyeth v. Levine by Daniel J. Gerber
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Debt Collectors Beware – Are You Seeking to Collect A Time Barred Debt? by Suzanne Barto Hill
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Email Poses Challenges to Attorney - Client Privilege: Target case offers lesson for corporations and their counsel by Suzanne Barto Hill
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"Gallagher v. Manatee County: The Sovereign Immunity Cap for FCRA Claims Includes Attorneys' Fees and Costs," Vol. 80, Florida Bar Journal No. 5 (May by Darren A. Schwartz
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Employment and Labor
U.S. Supreme Court Rules Against Student Group Who Wants Access to School Funds and Facilities by Francis H. Sheppard
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Novartis Decision and its Effect on Employers by Sally Rogers Culley
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Court Affirms: Public Meetings Open to Public but Not for Speaking by Leonard J. Dietzen, III
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Public Safety Employer – Employee Cooperation Act Of 2009: Does The Federal Government Really Know What Is Best For Local Governments? by Leonard J. Dietzen, III
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The United States Supreme Court Announces New Rule For First Amendment Free Speech Cases: Public Employee Whistle-Blowers Need Not Apply by Leonard J. Dietzen, III
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PINing in the Public Arena: Beware of “Private” Texting by Leonard J. Dietzen, III
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EEOC Updates GINA Act by Linda Bond Edwards
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Employee Free Choice Act : Employers Need to Act Now by Leonard J. Dietzen, III
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Revamping the ADA by Suzanne Barto Hill
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Department of Labor Considers New Regulations for Military Leave Under FMLA by Anna H. Upton
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Employee Free Choice Act Awaits Presidential Election by Leonard J. Dietzen, III
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Understanding Reduction in Force Issues for the Employer by Matthew J. Carson, Sally Rogers Culley
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The Employer Reference Problem: How Much, if Anything, to Disclose? by Linda Bond Edwards, Sally Rogers Culley
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Stemming the Wage and Hour Lawsuit Trend: All Employers are Targets by Linda Bond Edwards
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The U.S. Supreme Court Announces New Rule for First Amendment Free Speech Cases: Public Employee Whistle-blowers Need Not Apply by Leonard J. Dietzen, III
Self Auditing Your HIPPA Privacy Compliance May Pay Big Dividends by Leonard J. Dietzen, III
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The Expanding Safety Responsibilities of Crane Operators, Constructor Magazine by Robert L. Blank, Michael L. Forte
"Exception to Rule Allows Employees to Sue in Tort", National Law Journal, vol. 25 no. 48 by Michael L. Forte
"Misreading the Recipe: Santa Fe Independent School District v. Does," Stetson Law Review, 31:2. by Michael L. Forte
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Food, Drug and Cosmetics Law
Federal Preemption after Wyeth v. Levine by Daniel J. Gerber
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Governmental and Administrative
Revamping the ADA by Suzanne Barto Hill
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Department of Labor Considers New Regulations for Military Leave Under FMLA by Anna H. Upton
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Employee Free Choice Act Awaits Presidential Election by Leonard J. Dietzen, III
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The U.S. Supreme Court Announces New Rule for First Amendment Free Speech Cases: Public Employee Whistle-blowers Need Not Apply by Leonard J. Dietzen, III
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Insurance Coverage and Bad Faith
Definition of a Claims-Made Policy by Brian J. Baggot
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"Procedural Considerations in Civil Remedy Actions," Trial Advocate Quarterly, (Vol. 11, No. 4) by David B. Shelton
"Recoverable Damages in Litigation Under Florida's Civil Remedy Statute," Trial Advocate Quarterly, (Vol. 11, No. 3) by David B. Shelton
"Blachard v. State Farm: Finally, The Answer As To When A First-Party Bad Faith Claim Accrues For Purposes Of Section 624.155, Florida Statutes," Tria by David B. Shelton
Medicare Secondary Payer Act (MSP): What Is It? and What Impact Will It Have? by Jacey Kaps, Brooke L. Ehrlich
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Product Liability
Florida Legislature Re-Establishes a Parent’s Right to Waive in Advance Some Personal Injury Claims of a Minor-Participant in Commercial Activities
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Federal Preemption after Wyeth v. Levine by Daniel J. Gerber
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Tractor-Trailer ECM Data Plays Part in Spoliation of Evidence by J. Scott Kirk, Damien A. Orato
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“Safety Belt Use: Some Products Liability Considerations,” Advances in Belt Restraint Systems: Designs, Performance and Usage, Journal of Products Liability, 1984 by Myron Shapiro
“Expert Evidence, A Practitioner’s Guide to Law, Science, and the FJC Manual,” Chapter 5, Guide to Survey Research, West Publishing, 1997 by Myron Shapiro
"Defenses," Florida Bar Product Liability Manual Florida Product Liability, Defense Research Institute by J. Richard Caldwell, Jr.
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Professional Liability
Are Salespeople Responsible for Their Customers’ Injuries? by J. Richard Caldwell, Jr., Michael L. Forte
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“Recent Changes to the Rules Regulating The Florida Bar”, Florida Defender by Richard A. Greenberg
Industries
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Automotive
“Safety Belt Use: Some Products Liability Considerations,” Advances in Belt Restraint Systems: Designs, Performance and Usage, Journal of Products Liability, 1984“Safety Belt Use: Some Products Liability Considerations,” Advances in Belt Restraint Systems: Designs, Performance and Usage, Journal of Products Liability, 1984 by Myron Shapiro
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Construction
The Expanding Safety Responsibilities of Crane Operators, Constructor MagazineThe Expanding Safety Responsibilities of Crane Operators, Constructor Magazine by Robert L. Blank, Michael L. Forte
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Food, Drug and Cosmetics
Novartis Decision and its Effect on EmployersNovartis Decision and its Effect on Employers by Sally Rogers Culley
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Federal Preemption after Wyeth v. LevineFederal Preemption after Wyeth v. Levine by Daniel J. Gerber
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Government
Court Affirms: Public Meetings Open to Public but Not for SpeakingCourt Affirms: Public Meetings Open to Public but Not for Speaking by Leonard J. Dietzen, III
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The U.S. Supreme Court Announces New Rule for First Amendment Free Speech Cases: Public Employee Whistle-blowers Need Not ApplyThe U.S. Supreme Court Announces New Rule for First Amendment Free Speech Cases: Public Employee Whistle-blowers Need Not Apply by Leonard J. Dietzen, III
"Gallagher v. Manatee County: The Sovereign Immunity Cap for FCRA Claims Includes Attorneys' Fees and Costs," Vol. 80, Florida Bar Journal No. 5 (May"Gallagher v. Manatee County: The Sovereign Immunity Cap for FCRA Claims Includes Attorneys' Fees and Costs," Vol. 80, Florida Bar Journal No. 5 (May by Darren A. Schwartz
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Hospitality and Leisure
Employee Free Choice Act Awaits Presidential ElectionEmployee Free Choice Act Awaits Presidential Election by Leonard J. Dietzen, III
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Gainesville Sun Interviews Brian Baggot about Dram Shop LiabilityGainesville Sun Interviews Brian Baggot about Dram Shop Liability by Brian J. Baggot
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Insurance
Definition of a Claims-Made PolicyDefinition of a Claims-Made Policy by Brian J. Baggot
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Proposals for Settlement: A Valuable Tool in a Litigant's ArsenalProposals for Settlement: A Valuable Tool in a Litigant's Arsenal by Anna H. Upton
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"Procedural Considerations in Civil Remedy Actions," Trial Advocate Quarterly, (Vol. 11, No. 4)"Procedural Considerations in Civil Remedy Actions," Trial Advocate Quarterly, (Vol. 11, No. 4) by David B. Shelton
"Recoverable Damages in Litigation Under Florida's Civil Remedy Statute," Trial Advocate Quarterly, (Vol. 11, No. 3)"Recoverable Damages in Litigation Under Florida's Civil Remedy Statute," Trial Advocate Quarterly, (Vol. 11, No. 3) by David B. Shelton
"Blachard v. State Farm: Finally, The Answer As To When A First-Party Bad Faith Claim Accrues For Purposes Of Section 624.155, Florida Statutes," Tria"Blachard v. State Farm: Finally, The Answer As To When A First-Party Bad Faith Claim Accrues For Purposes Of Section 624.155, Florida Statutes," Tria by David B. Shelton
Medicare Secondary Payer Act (MSP): What Is It? and What Impact Will It Have?Medicare Secondary Payer Act (MSP): What Is It? and What Impact Will It Have? by Jacey Kaps, Brooke L. Ehrlich
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Pesticides and Pest Control
Proper Coverage for Bedbug InfestationsProper Coverage for Bedbug Infestations by Daniel J. Gerber
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"Walking a Tightrope, the Liability Risks of Assessing the Presence of Mold in Wood Destroying Organisms Inspection Reports," Pest Control Technology"Walking a Tightrope, the Liability Risks of Assessing the Presence of Mold in Wood Destroying Organisms Inspection Reports," Pest Control Technology by Brian J. Baggot, Anna H. Upton
"Get an Annual Legal Audit," Pest Control Magazine"Get an Annual Legal Audit," Pest Control Magazine by Daniel J. Gerber
"How to Avoid Pesticide Exposure Lawsuits," Pest Control Magazine"How to Avoid Pesticide Exposure Lawsuits," Pest Control Magazine by Daniel J. Gerber
"Providing Attorneys Fees in a Pest Control Contract Who Benefits?," Pest Control"Providing Attorneys Fees in a Pest Control Contract Who Benefits?," Pest Control by Brian J. Baggot, Robert L. Blank
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Transportation
Tractor-Trailer ECM Data Plays Part in Spoliation of EvidenceTractor-Trailer ECM Data Plays Part in Spoliation of Evidence by J. Scott Kirk, Damien A. Orato
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