Articles Archive

Increased Jurisdictional Limit and New Appellate Right within Florida's County Courts

07.18.19

by: Charles P. MitchellTyler J. Derr

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INSIGHT: Florida Embraces Daubert Standard - Key Takeaways for Expert Testimony

07.05.19

by: Daniel J. Gerber

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UB op-ed: Developing policies that prevent relationships from crossing the line

07.02.19

by: Chase Hattaway

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Insurers Take Note: Florida's New Assignment of Benefits Law

07.01.19

by: Robert P. Barton

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Pay Attention to These Financial Warning Signs

06.05.19

by: R. Scott Williams

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In Reversal of Prior Opinion, Florida Supreme Court Adopts Daubert Standard, Rejects Frye

05.23.19

by: Lena Mirilovic

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The Right to Disconnect: Should There Be a Legal Limit on Email After Work?

05.17.19

by: Linda Bond Edwards

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Contract Tips for Navigating Attorney Fee Provisions

05.15.19

by: Daniel J. Gerber

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What Law Enforcement Executives Need To Know About Website Accessibility Claims

05.06.19

by: Nicole Sieb Smith

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Relief for Employers Arrived When High Court Closed Door on Class Arbitration

05.06.19

by: Leonard J. Dietzen, IIIKayla E. Platt Rady

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Punitive Damages Change the Game: Immediate Appellate Review Should Be Available

05.01.19

by: Christian H. Tiblier

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Federal Cybersecurity Regulation? It Could Be Coming!

05.01.19

by: Steve D. Berlin

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No Rest for the Weary: Project Completion Is the Beginning of Litigation

05.01.19

by: Robert V. FitzsimmonsAlbert Li

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No Longer A Mess: En Banc Eleventh Circuit Clarifies the Standard for Similarly Situated Comparators

04.23.19

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Top Tips to Resurface After a Bankruptcy

04.18.19

by: R. Scott Williams

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Overwhelmed by the DOL's OT Threshold Increase? Here's What Employers Should Know

04.09.19

by: Linda Bond Edwards

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Navigating Uncertain Times: How retailers can outlast a bankruptcy

04.04.19

by: R. Scott Williams

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Ethics Quick Tip: Threatening a Tactic Can Lead to Suspension

03.28.19

by: Craig A. Alexander

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Cybersecurity & the Law

03.18.19

by: Steve D. Berlin

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Ethics Quick Tip: Think Twice Before Disparaging the Judge in Your Notice of Appeal

03.13.19

by: Craig A. Alexander

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Ethics Quick Tip: Think Twice Before Sending a Threatening Tweet to a Witness

03.07.19

by: Craig A. Alexander

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Ethics Quick Tip: Think Twice Before Creating a Fake Facebook Account to Gather Evidence

02.27.19

by: Craig A. Alexander

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When It Comes to Cybersecurity Litigation, An Ounce of Prevention is Worth a Pound of Cure

02.14.19

by: Jacey Kaps, CIPP/US, PCIPSteve D. Berlin

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A Fork in the Road, What Happens When Things Don't Go Right: Considerations for Bankruptcy Protection

01.24.19

by: R. Scott Williams

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Florida Supreme Court Resolves Conflict, Extends Stand Your Ground' Immunity to LEOs

01.19.19

by: J. David Marsey

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Drug Testing Florida School District Job Applicants Is Tricky Business—Finally, Some Judicial Guidance

01.16.19

by: Leonard J. Dietzen, III

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Understanding, Spotting, and Preventing Spoliation

01.15.19

by: Lindy K. Keown

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The People Have Spoken: Marsy's Law and its Impact on Law Enforcement Agencies

01.14.19

by: J. David Marsey

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Interpreting Accident under ERISA-Governed AD&D Coverage

12.27.18

by: Joshua D. Lerner

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Employers Hope Supreme Court Will Close the Door on Class Arbitration

12.26.18

by: Leonard J. Dietzen, III

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Florida Supreme Court Rejects Daubert, Returns Florida to Frye Standard

10.17.18

by: Lena Mirilovic

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Morris v. Muniz: A Sword Against Whom?

10.03.18

by: Francis H. SheppardRobert P. Barton

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Social Media Policy - Still the Wild West

09.10.18

by: Jacey Kaps, CIPP/US, PCIP

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Interpleader: Court Holds Plan Benefits Must Be Distributed to Beneficiary and Insured's Estate May Not Assert Claims Against Plan Trustee Regarding Distribution of the Death Benefits

08.23.18

by: Joshua D. LernerMeredith Jowers Lees

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Finally, Public Agency Does Not Have to Pay Media's Attorneys' Fees under Florida Public Records Act

08.22.18

by: Leonard J. Dietzen, III

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Hurricane Irma Damaged My Kitchen or Did It?

08.07.18

by: Darryl L. Gavin

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What to Do When Faced With a Complaint Against Your Professional License

07.27.18

by: Francis H. Sheppard

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Technological Change As A Defense to TCPA Fax Class Actions

07.06.18

by: Douglas B. Brown

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Failure to Warn: Fourth DCA Invalidates Entire Arbitration Provision for Failure to Satisfy Fee Dispute Rule

07.03.18

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Protecting Your Business: The Basics of Non-Compete Agreements

06.29.18

by: Chase Hattaway

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Did the Supreme Court Kick the Cake Down the Road in Masterpiece Cakeshop, Ltd., et al. v. Colorado Civil Rights Commission?

06.06.18

by: Suzanne A. Singer

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Best Practices for Consumer Debt Collection

06.06.18

by: Kevin R. Gowen

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Court Construes Pre-Existing-Condition Exclusion to Avoid Illusory Disability Coverage

05.29.18

by: Joshua D. Lerner

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"A Look Through the Looking Glass: The JNC and Judicial Nominating Process 'Deconstructed'"

05.24.18

by: Linda Bond Edwards

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Supreme Court Rules in Favor of Employers in Class Action Arbitration Cases

05.23.18

by: Chase Hattaway

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The Sky is the Limit: Legal Considerations for Drone Technology in Appraisals

05.22.18

by: Abigail Roberts

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And the Defense Wins: Scott Sarason and Jens Ruiz

05.17.18

by: Scott M. SarasonJens C. Ruiz

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Miami Jury Returns Defense Verdict in $3.1 Million Ladder Case

05.08.18

by: Scott M. SarasonJens C. Ruiz

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General data protection regulation: Should a Florida business care?

05.04.18

by: Jacey Kaps, CIPP/US, PCIPSteve D. Berlin

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Fifth DCA Strikes Blow to Popular Policy Exclusion

05.03.18

by: Robert Visca

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Recovering or Defending Claims for Business Lost Profits in Commercial Disputes

05.03.18

by: Suzanne Barto Hill

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Back to the Basics: Cost Effective Strategies for the Reduction of Law Enforcement Liability

04.19.18

by: J. David Marsey

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Timely Revisions For Florida's 10 Year Statute of Repose

04.18.18

by: Dara LindquistLindy K. Keown

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Options When a Construction Lien is Recorded Against Real Estate

04.06.18

by: Dara Lindquist

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Eleventh Circuit Reiterates Employers' Heavy Burden under Equal Pay Act

03.19.18

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Combating Permanency Without a Defense Medical Expert

03.15.18

by: Michael L. Forte

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Florida Supreme Court Hears Argument on Daubert Standard

03.14.18

by: Lena Mirilovic

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The Marjory Stoneman Douglas High School Public Safety Act: Fundamental Changes to Florida's Gun Laws

03.12.18

by: J. David Marsey

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Time's Up! Or Is It? Proposed legislation in Florida would lengthen the statute of repose for counter, cross and third party claims in construction defect

03.08.18

by: Dara LindquistLindy K. Keown

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How to Avoid a #MeToo Claim

02.23.18

by: Sally Rogers Culley

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First Gig Economy Trial Decision: Independent Contractor

02.09.18

by: Sally Rogers CulleySuzanne A. Singer

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Attias v. CareFirst: Plaintiff Class Gets Foot in the Courthouse Door in Data Breach Lawsuit

01.22.18

by: Jacey Kaps, CIPP/US, PCIP

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Chapter 558 Pre-Suit Notice May Trigger an Insurer's Duty to Defend and Indemnify

01.18.18

by: Joshua D. Lerner

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Florida Supreme Court Says Right to Privacy Survives Death and Prohibits Ex Parte Interviews in Medmal Actions

01.11.18

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Blurring the Line between Money and Equity: Enforcing Proposals for Settlement in Cases Seeking Equitable Relief

01.11.18

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Florida Supreme Court to Rule on Constitutionality of Daubert Standard

12.19.17

by: Lena Mirilovic

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What Happened?!? Five Reasons Why Your Sexual Harassment Training Isn't Working

12.01.17

by: Sally Rogers CulleyNicole Sieb SmithLinda Bond Edwards

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Ethical Considerations in Engaging and Working with Expert Witnesses

11.21.17

by: Craig A. Alexander

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Cost of Convenience for the Grocery Industry: On-Demand Grocery Delivery Service Presents Possible Legal Ramifications

11.20.17

by: Damien A. OratoSuzanne A. SingerChase Hattaway

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Resolving the Multiple Peril Puzzle in First Party Insurance Claims

11.20.17

by: Brett M. Carey

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The Right To Be Secure Against Unreasonable Search and Seizure of Overseas Electronic Data?

11.06.17

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Removal: An Important Defense Tool in U.S. Lawsuits against Canadians

11.01.17

by: Michael L. Forte

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Retailer Liability Under the Florida Unfair and Deceptive Trade Practices Act

10.31.17

by: Michael R. Holt

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SCOTUS Limits Jurisdictions Where Corporations Can Be Sued

10.23.17

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Missouri Appeals Court Vacates $72 Million Verdict for Lack of Personal Jurisdiction

10.19.17

by: Daniel J. GerberLena Mirilovic

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Employee vs. Independent Contractor: How This Classification is Bringing Legal Challenges to the Gig Economy

10.03.17

by: Sally Rogers CulleySuzanne A. Singer

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Clickwraps and Browsewraps Oh My! Terms of Online Vendor Agreements - Are They Enforceable?

09.21.17

by: Jacey Kaps, CIPP/US, PCIPSteve D. Berlin

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A Spam Story - How One Law Firm's Spam Blocker Proved Costly to Them and to Their Client

09.19.17

by: Jacey Kaps, CIPP/US, PCIPSteve D. Berlin

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Show Me the Money - Maximizing Monetary Recovery in the Wake of Insurance Fraud

08.17.17

by: Michael R. Holt

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What's a Coverage Defense? 11th Circuit Addresses Coverage Defenses under the Florida Claims Administration Statute

07.25.17

by: Brett M. Carey

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Mattress Makers Under Attack

07.17.17

by: Daniel J. GerberSamantha Crawford Duke

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Amendment Adds Clarity to Florida's Construction Statutes of Limitations and Repose

06.20.17

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SCOTUS Rules No Expansion to Definition of Debt Collector Under FDCPA

06.16.17

by: Kevin R. Gowen

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Blind Plaintiff Prevails in First-of-Its-Kind ADA Website Accessibility Trial against Grocery Store Chain

06.14.17

by: Nicole Sieb Smith

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Legislators Finally Pass a Bill to Implement Florida's Medical Marijuana Constitutional Amendment

06.14.17

by: Leonard J. Dietzen, III

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Governor Scott Signs Public Records Bill: Relief for Florida Agencies

05.24.17

by: Leonard J. Dietzen, III

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FAA Drone/Human Collision Analysis Study Helpful for Drone Insurance

05.17.17

by: Abigail Roberts

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Theme Park Defense: 10 Things to Know

05.11.17

by: Robert L. BlankCarie Hall

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Uber-Successful Digital Business Model May Crash If Florida Court Classifies Drivers as Employees

05.08.17

by: Suzanne A. SingerMagali J. Sanders

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Florida Bar Admission Proceedings: Why You Need Counsel

05.08.17

by: Richard A. Greenberg

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Finally Relief for Florida Agencies: Safe Harbor with Public Records Requests

05.03.17

by: Leonard J. Dietzen, III

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Florida Court Extends Privacy Rights to Vehicle Black Box

05.01.17

by: Damien A. Orato

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Can't Touch This! Florida Supreme Court Says Attorney-Client Privilege Protects Lawyer Referrals to Doctor

04.25.17

by: Magali J. Sanders

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Florida Employers: What if There's a Bill O'Reilly in Your Workplace?

04.24.17

by: Linda Bond Edwards

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Jumping from the Frye Pan into Daubert, and Maybe Back to Frye

04.24.17

by: Tyler J. Derr

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Your Business Drone Crashed... What Do You Do?

04.19.17

by: Abigail Roberts

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FINRA Office of Dispute Resolution Party Portal Now Required

04.18.17

by: Peter J. TepleyRebecca A. Beers

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FAA Announces Release of UAS Facility Maps for Drone Operators

04.11.17

by: Abigail Roberts

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FCRA Retaliation Claims Require Proof of But-For Causation According to Fourth DCA

04.11.17

by: Nicole Sieb Smith

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The Cost of Convenience: Understanding the Third Party Food Delivery Dilemma

04.05.17

by: Damien A. OratoSuzanne A. Singer

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Recovery of Prejudgment Interest in Negligence Actions in Florida?

04.03.17

by: Suzanne A. Singer

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Delta Airlines Wins Shipping Ban of Big Five Trophies: Appellate Court Holds No Private Cause of Action

04.03.17

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Enforcing 'Browsewrap' Agreements: Don't Make the Fine Print Too Fine

03.29.17

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Fifth DCA Reaffirms Protections Against Surprise Tactics at Trial

03.22.17

by: Robert Visca

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The Option to Repair - Making it Work

03.17.17

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Eleventh Circuit Rules that Title VII Does Not Prohibit Sexual Orientation Discrimination

03.15.17

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U.S. Supreme Court Determines Scope of the Administrative Exhaustion Requirement Under the Individuals with Disabilities Education Act

03.06.17

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Florida Employers: Here Comes Medical Marijuana - Are You Ready?

02.28.17

by: Leonard J. Dietzen, III

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When Constitutionality is Challenged, Know What Weapons You Have

02.20.17

by: Michael D. Begey

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When Does a Claim for Legal Malpractice Accrue in the Litigation Context?

02.01.17

by: Suzanne Barto Hill

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US Supreme Court Holds That Qualified Immunity Bars 4th Amendment Claim in Deadly Police Force Case

01.30.17

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City of Orlando Passes New Drone Ordinace: Effective Immediately

01.26.17

by: Abigail Roberts

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FAA Issued Notice Advising Public of RTCA Drone Advisory Committee Second Meeting for Jan. 31

01.23.17

by: Abigail Roberts

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Four-Corners Rule Carries the Day on Hurricane Claim

01.23.17

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Florida 4th DCA Reiterates Insurer's Negligence Not Enough to Sustain Bad Faith Claim

01.16.17

by: Candy L. Messersmith

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What Can the Business Community Expect from a Trump Administration?

01.12.17

by: Leonard J. Dietzen, III

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Overview of Recent FAA Remarks on UAS/Drone Integration into the National Airspace

01.11.17

by: Abigail Roberts

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Mental Health, Baker Act and Firearms: What's an Agency to do?

01.10.17

by: J. David Marsey

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Preemptive Effect of Federal Aviation Regulations on State and Local Laws

12.21.16

by: Gregory M. PalmerAbigail Roberts

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Unlocking the Mobile Filing Cabinet: The Expanding Role of PDA Discovery

12.08.16

by: Michael R. Holt

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What's Good for Business? Outside Counsel Who Embrace Professionalism, Civility

12.07.16

by: Paul Lipton

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Settlement vs. Precedent: Court Weighs Importance of Interests

11.02.16

by: Robert Visca

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Settlement vs. Precedent: Court Weighs Importance of Interests

10.26.16

by: Brett M. Carey

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United States Supreme Court Upholds Constitutionality of Criminal Breath Test Refusal Statutes

10.03.16

by: J. David Marsey

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Supreme Court Of Florida Holds Lapse Of Two-Year Contestability Period Precludes Challenge To STOLI

09.28.16

by: Joshua D. Lerner

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Justice Antonin Scalia: Darling of the Criminal Defense Bar?

09.12.16

by: Richard A. Greenberg

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The Degrees of Truth: When is Dismissal with Prejudice Warranted?

09.08.16

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What To Know About Website Accessibility Claims

06.01.16

by: Jacey Kaps, CIPP/US, PCIPSally Rogers CulleyNicole Sieb Smith

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Ten FLSA Myths that Can Get You into Trouble

05.25.16

by: Sally Rogers Culley

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Department of Labor Changes of Great Concern to Employers

05.23.16

by: Chase Hattaway

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Parsing 'True Relief' In Florida's 4th District

05.02.16

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Eleventh Circuit's Opinion Increases the Burden on Those Seeking Class Certification

04.25.16

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Attorney's Fees Under Florida's Public Records Act: Taking Intent Out of the Equation

04.25.16

by: Leonard J. Dietzen, IIILindy K. Keown

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Fourth Circuit Court of Appeals holds that the use of a Taser against an emotionally disturbed, passively resisting subject is unconstitutional

01.19.16

by: J. David Marsey

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May the Operator of an Unregistered Drone Be Arrested for A Felony Violation of Florida Law?

01.19.16

by: Leonard J. Dietzen, IIIJ. David Marsey

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United States Supreme Court Holds that Qualified Immunity Bars Fourth Amendment Claim in Deadly Police Pursuit Case

11.25.15

by: J. David Marsey

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Florida's Fourth DCA Upholds Sworn Proof of Loss Requirement

11.05.15

by: David B. Shelton

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Uber, Lyft and the Rise of the Sharing Economy in Florida

10.27.15

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Homeowners Insurance Assignments of Benefits May Have Finally Met Their Match

10.26.15

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Florida Supreme Court Denies School District Immunity Under the Cardiac Arrest Survival Act for Failure to Use or Attempt to Use an Available Automatic Defibrillator

10.08.15

by: J. David Marsey

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Surveillance of the Incident: What Time Is the Right Time for Production?

08.24.15

by: Michael L. Forte

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Fourth District Court of Appeal Recognizes the Protection of Incident and Safety Reports Under the Work Product Doctrine

07.06.15

by: J. David Marsey

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Business Entities Have Standing to Bring Claims Under the FDUTPA

06.24.15

by: Samantha Crawford Duke

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The FTC's 1980 Definition of Unfair Trade Practice Applies to FDUTPA Actions

06.24.15

by: Samantha Crawford Duke

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Court Imposes Unlimited Exposure on PIP Insurer

06.19.15

by: Candy L. Messersmith

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Compelling Borrowers To Produce Personal Financial Information To Facilitate Foreclosure Mediation No Longer Permitted

04.23.15

by: Suzanne Barto Hill

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Sovereign Citizens - The Battleground

04.23.15

by: Kevin R. GowenRobert H. Adams

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Dismissal Pursuant to Rule 1.420(b) For Failure To Timely Amend Carries Consequence Of Dismissal With Prejudice

04.22.15

by: Suzanne Barto Hill

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4th DCA Confirms Plaintiff Must Establish Standing To Foreclosure At The Time Of Filing The Lawsuit Under UCC

04.22.15

by: Suzanne Barto Hill

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Fourth District Court of Appeal Recognizes the Protection of Incident and Safety Reports Under the Work Product Doctrine

04.06.15

by: J. David Marsey

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Eleventh Circuit Affirms Use of Deadly Force to Terminate High Speed Pursuit

03.30.15

by: Leonard J. Dietzen, III

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A Clear Message from Supreme Court on Pregnancy Discrimination

03.27.15

by: Nicole Sieb Smith

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Florida Supreme Court Addresses Insured's Breach of Cooperation and Imposes Burden on Insurer to Show It Was Prejudiced

03.20.15

by: David B. Shelton

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4th DCA Holds That There is Minimal Privacy Interest in Social Media Accounts

03.09.15

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Exculpatory Clauses Releasing an Entity from its Own Negligence

02.26.15

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Court Holds That Change of Policyholder Requires New Offer of UM Coverage

02.20.15

by: David B. Shelton

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In Coverage Case, Florida Court Expansively Construes "Costs" to Include "Attorneys Fees"

02.05.15

by: Candy L. MessersmithDavid B. Shelton

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First DCA Denies Citizens Property Insurance Corporation Immunity From Bad Faith Claims

01.27.15

by: Candy L. MessersmithDavid B. Shelton

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10 Lessons Employers Can Learn from FLSA Lawsuits

01.08.15

by: Linda Bond Edwards

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Body-Worn Cameras for Law Enforcement Officers: Many Questions, Few Answers

01.06.15

by: Leonard J. Dietzen, III

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How The Misuse Of DAVID Can Bankrupt An Officer's Career

12.18.14

by: Leonard J. Dietzen, IIIMichael L. Forte

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CAREFUL WITH THAT ARBITRATION CLAUSE!

12.02.14

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FDCPA: 11th Circuit Provide Warning/Encouragement to Creditors and Debt Collectors

11.24.14

by: Kevin R. GowenSuzanne Barto Hill

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Social Media: The Ethical Obstacle Course for You and Your Lawyer

11.11.14

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5th DCA Reinforces Plaintiff's Burden in Constructive Knowledge Slip and Fall Cases Involving a Transitory Foreign Substances

10.30.14

by: J. David Marsey

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Fishing in a Digital Ocean: 1st DCA Rules Defense May Discover All Data on Decedent's Cellphone

10.27.14

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Let's Make A Deal: Immunity For Water Management Districts In Exchange For Use Of Land

10.22.14

by: Leonard J. Dietzen, III

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First DCA Reinforces Plaintiff's Burden in Constructive Knowledge Cases Involving Transitory Foreign Substances

10.21.14

by: J. David Marsey

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First DCA Reinforces Plaintiff's Burden in Constructive Knowledge Cases Involving Transitory Foreign Substances

10.21.14

by: J. David Marsey

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New Red Light Camera Case Stops More than Just Traffic

10.20.14

by: Leonard J. Dietzen, III

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Navigating the Maze-Asserting and Defending Claims Arising from Renovations, Remodels and Repairs

10.03.14

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Stranded: Navigating Aviation Delay Damages Under the Montreal Convention

09.04.14

by: Abigail Roberts

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ContrACTUAL Liability: Challenges and Considerations an Indemnitee May Face by Failing to Allow an Indemnitor to Participate in Settlement

05.28.14

by: Dara Lindquist

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Florida Supreme Court Overturns 3d DCA: Discrimination on Basis of Pregnancy Prohibited Under Florida Law

04.17.14

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Steps to Avoiding Clearing Broker Liability

04.15.14

by: Rebecca A. Beers

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Florida Supreme Court Expands Responsibility of Titled Vehicle Owners and May Have Created an Uninsured Risk

04.10.14

by: David B. Shelton

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Functional Foods: Science is Ahead of the Law

04.08.14

by: Daniel J. Gerber

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Remnants of TIARA: A Building is Still a Product

01.08.14

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Supreme Court Resolves Conflict Regarding the Testing of Individually Packaged Controlled Substances in Drug Trafficking Cases

11.08.13

by: J. David Marsey

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When The Playground Bully Becomes an Adult Workplace Bully

11.07.13

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The Fifth District Court of Appeal Addresses Number of Occurrences in Dog Bite Case

10.09.13

by: Candy L. MessersmithDavid B. Shelton

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First DCA Holds Father's Selection of Non-Stacking UM Coverage Was Not Binding On Daughter

10.09.13

by: David B. Shelton

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Preemption of State Court Causes of Action in Montreal Convention Cases

10.02.13

by: Abigail Roberts

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Second District Upholds Exclusion For Bodily Injury To Non-Resident Relative Insured

08.30.13

by: Candy L. MessersmithDavid B. Shelton

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Employers, Employees and Social Media

08.14.13

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Florida Supreme Court Rules That Discovery Into Extrinsic Evidence Is Not Allowed When Construing Policy Language

08.01.13

by: Candy L. Messersmith

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Protecting Licensees Against Claims of Negligent Security

08.01.13

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Rights, Liabilities and Defenses for Claims Arising Out of International Aviation Disasters- A Primer on the Montreal Convention

07.30.13

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When and How Should a Lawyer Withdraw as Counsel

07.26.13

by: Michael L. Forte

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Recovery Actions - Maximizing Recovery Of Restitution In The Wake Of Insurance Fraud

07.26.13

by: Michael R. Holt

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Florida's Non-Joinder Statute Protects Insurers From Being Joined To Declaratory Judgment Actions As Well As Negligence Suits

07.17.13

by: David B. Shelton

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Title VII Alert: Supreme Court's Rulings Will Likely Benefit Employers

07.15.13

by: Suzanne A. Singer

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U.S. Supreme Court Authorizes Class-wide Arbitration

07.01.13

by: Nicole Sieb Smith

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The Florida Supreme Court Strikes Down Examinations Under Oath As A Precondition To Recovery Of No-Fault Insurance Benefits

06.27.13

by: Candy L. Messersmith

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Commercial And Consumer Litigation In Florida - A Summary Guide To Key Florida Statutory Provisions And Common Law Doctrines

06.17.13

by: Douglas B. Brown

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Amendment to Florida's UM Statute, Section 627.727(9)

06.14.13

by: Candy L. Messersmith

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The Third District reinforced purpose of Florida's Claims Administration Statute

05.30.13

by: David B. Shelton

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The Fifth District Holds Confession of Judgment Avoids Trial in UM Suit

05.24.13

by: David B. Shelton

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The Regulatory Ordeal Of The Craft Distiller: Legal Processes And Considerations In Labeling Distilled Spirits

05.15.13

by: Jacey Kaps, CIPP/US, PCIP

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In With the New! Florida Appellate Court Finds Florida's Notice Statute

05.06.13

by: Jacey Kaps, CIPP/US, PCIP

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U.S. Supreme Court Affirms District Court Decision Under FLSA Holding When Rule 68 Offer Of Judgment Includes Complete Relief

04.29.13

by: Douglas B. Brown

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Florida Supreme Court Rules No Vicarious Liability for Businesses that Rent or Lease Vehicles

04.17.13

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The Fourth District Broadly Construes Florida's Non-Joinder Statute

04.10.13

by: Candy L. MessersmithDavid B. Shelton

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Wage and Hour Alert: Paying Non-Exempt Employees Overtime and Bonuses

04.09.13

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The Second District Rules That A Civil Remedy Notice Is Not Required To Allege A Specific Cure Amount

04.05.13

by: Candy L. MessersmithDavid B. Shelton

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Florida Professionals May Face Personal Liability For Profession Negligence Even Greater Than Their Employers

04.02.13

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Navigating Florida's Little FTC Act

03.05.13

by: Douglas B. Brown

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Florida Appellate Court Holds School District Has No Affirmative Duty to Use AEDs at Athletic Events

02.28.13

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Medical Malpractice Update: Doctor-Patient Privilege After Hasan v. Garvar

02.21.13

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Lienors Beware - Lessons Learned from the Cool Guys, LLC

02.04.13

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D.C. Circuit Holds that President Obama's Recess Appointments of the NLRB were Unconstitutional

02.04.13

by: Samantha Crawford Duke

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Will the Florida Supreme Court Put an End to Lawyers and Judges Being Facebook Friends?

01.17.13

by: LaShawnda K. Jackson

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Broward County Passes a Wage Theft Ordinance - The Effect on Retailers that do Business in Florida

11.06.12

by: Jacey Kaps, CIPP/US, PCIP

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Price Inflation Damages Under the FDUTPA

09.28.12

by: Samantha Crawford Duke

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Damages for Delay of International Flights under Article 19 of the Montreal Convention

09.26.12

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Florida Administrative Law Judge Rejects Rule Regarding Teacher Evaluations

08.23.12

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Preemption Considerations in Aviation Personal Injury Litigation

08.20.12

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Beyond Harassment: Taming the Workplace Bully

08.15.12

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Sliding Glass Doors: Defending against Claims of Excessive Pull Forces

07.31.12

by: Michael L. Forte

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Florida Bar's Civil Procedure Rules Committee Adopts Proposed Amendments to Rules of Civil Procedure Regarding Electronic Discovery

07.12.12

by: Kevin R. Gowen

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Protecting Your Claims Investigation Analysis and Reports-Recent Decision by First DCA

07.05.12

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Gross v. FBL Financial Services, Inc.: Time to Apply the But For Burden of Proof to FCRA Discrimination Claims

07.03.12

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The California Brinker Decision: A Win for Employers

06.29.12

by: Jacey Kaps, CIPP/US, PCIP

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1st DCA Strikes Significant Blow to Plaintiffs Regarding Sharing Provisions in Wal-Mart v Endicott

06.06.12

by: Michael D. Begey

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Hot Coffee Litigation is Making a Comeback

05.16.12

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New Federal Rules 26(a)(2)(c) Helps Defense With Hybrid Witnesses

05.08.12

by: Abigail Roberts

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Sovereign Immunity Bars Suits For Damages Against States Under The FMLA's Self-Care Provision

04.19.12

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Exempt Employees - What Do They Really Do?

04.19.12

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DUI Crashes: Officer Liability

04.16.12

by: Michael L. Forte

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Proposals for Settlement-Practice Pointers for the Construction Attorney

04.02.12

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Reducing Liability from Dram Shop Laws

03.16.12

by: Jacey Kaps, CIPP/US, PCIP

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Product Liability Update for Retailers: Inherit the Whirlwind

03.01.12

by: Jacey Kaps, CIPP/US, PCIP

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Reducing Liability from Dram Shop Laws

02.15.12

by: Jacey Kaps, CIPP/US, PCIP

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Florida Supreme Court Makes Decision With Regards to Burden of Proof in Sinkhole Litigation

02.07.12

by: Darryl L. Gavin

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American Apparel Settles ADA Claim

02.03.12

by: Jacey Kaps, CIPP/US, PCIP

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Macy's Sues Martha Stewart Living Omnimedia over J.C. Penney's Deal

02.01.12

by: Jacey Kaps, CIPP/US, PCIP

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Hangover II: Louis Vuitton Files Trademark Infringement Case Against Warner Bros.

01.25.12

by: Jacey Kaps, CIPP/US, PCIP

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Retailers Sue the Federal Reserve to Lower Debit Fees

01.24.12

by: Jacey Kaps, CIPP/US, PCIP

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Social Networking - A Potential Hazard for Employers

01.15.12

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Is There Coverage Under A Bankrupt Defendant's Liability Policy Where A Self-Insured Retention Has Not Been, And Will Not Be, Satisfied?

01.03.12

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Florida Supreme Court Adopts Amendments to Mediation Procedures, Rule 1.720

12.19.11

by: Leonard J. Dietzen, III

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Social Media: Why the Time to Adopt a Policy is Now!

12.19.11

by: Leonard J. Dietzen, III

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Alvarez v. Cooper Tire Revisited: Substantial Similarity is Still Florida's Standard for Discovery of Information Regarding Other Products and Makes and Models

12.06.11

by: Steven I. Klein

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Baggage Claims Under the Montreal and Warsaw Conventions

11.08.11

by: Abigail Roberts

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Emotional Harm Damages For Personal Injury Claims Under The Montreal Convention

10.28.11

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Medicare Set Asides and Their Application to Liability Litigation,

10.10.11

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NLRB Requires Employers to Post Employees' Union Rights

09.06.11

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Litigating a Claim Against a Government Official After Denial of a Dispositive Motion Raising Qualified Immunity

08.23.11

by: J. Richard Caldwell, Jr.

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NJ Gets Tough on Harassment and Bullying

08.17.11

by: Leonard J. Dietzen, III

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11th Circuit Says Private Employers May Deny Employment Based on Bankruptcy Filing

06.06.11

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Pest Control Contract Provisions Regarding Attorney's Fees: Still A Useful Tool?

04.07.11

by: Robert L. Blank

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Florida Senate Passes Final Bill Abrogating Florida's D'amario Doctrine

03.17.11

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1st DCA Clears Up When 180-Day Rule Applies in Officer's Rights Cases

03.07.11

by: Leonard J. Dietzen, III

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Supreme Court Opens Door for Personal Injury Suits Against Auto Manufacturers

02.25.11

by: J. Richard Caldwell, Jr.Steven I. Klein

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Florida's New Unemployment Law (HB 7005) and How it Affects Employers

02.09.11

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Class Actions Under The Federal Telephone Consumer Protection Act Of 1991

10.31.10

by: Douglas B. Brown

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Invoking the 24 Hour Rule: Shirley Sherrod firing provides valuable lessons for Management

10.08.10

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U.S. Supreme Court Rules Against Student Group Who Wants Access to School Funds and Facilities

09.03.10

by: Francis H. Sheppard

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Novartis Decision and its Effect on Employers

08.19.10

by: Sally Rogers Culley

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Florida Premises Statute Reintroduces the Notice Requirement for Plaintiff to Plead and Prove into Premises Liability Actions.

05.20.10

by: Jacey Kaps, CIPP/US, PCIP

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Court Affirms: Public Meetings Open to Public but Not for Speaking

04.01.10

by: Leonard J. Dietzen, III

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Risk Utility vs. Consumer Expectations in Product Liability Cases

01.07.10

by: J. Richard Caldwell, Jr.Bud Kirk

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Public Safety Employer - Employee Cooperation Act Of 2009: Does The Federal Government Really Know What Is Best For Local Governments?

11.12.09

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

11.10.09

by: Leonard J. Dietzen, III

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PINing in the Public Arena: Beware of Private Texting

11.10.09

by: Leonard J. Dietzen, III

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EEOC Updates GINA Act

10.21.09

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Federal Preemption after Wyeth v. Levine

07.29.09

by: Daniel J. Gerber

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Debt Collectors Beware - Are You Seeking to Collect A Time Barred Debt?

07.16.09

by: Suzanne Barto Hill

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"Are Sales People Responsible for Their Customers' Injuries?"

06.03.09

by: J. Richard Caldwell, Jr.Michael L. Forte

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"Corporate Clients in Explaining Excusable Neglect"

05.07.09

by: Michael L. Forte

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Employee Free Choice Act : Employers Need to Act Now

03.18.09

by: Leonard J. Dietzen, III

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Medicare Secondary Payer Act (MSP): What Is It? and What Impact Will It Have?

01.01.09

by: Jacey Kaps, CIPP/US, PCIP

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Revamping the ADA

10.07.08

by: Suzanne Barto Hill

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Department of Labor Considers New Regulations for Military Leave Under FMLA

10.07.08

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A Case Study: Negligent Hiring and Retention Claims

09.30.08

by: LaShawnda K. JacksonJ. Scott KirkDamien A. Orato

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Proposals for Settlement: A Valuable Tool in a Litigant's Arsenal

09.29.08

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Employee Free Choice Act Awaits Presidential Election

08.21.08

by: Leonard J. Dietzen, III

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Understanding Reduction in Force Issues for the Employer

05.22.08

by: Sally Rogers Culley

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The Employer Reference Problem: How Much, if Anything, to Disclose?

05.22.08

by: Sally Rogers Culley

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Tractor-Trailer ECM Data Plays Part in Spoliation of Evidence

03.26.08

by: J. Scott KirkDamien A. Orato

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Stemming the Wage and Hour Lawsuit Trend: All Employers are Targets

03.04.08

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Parallel Proceedings in Florida's Courts: Fifth Amendment Considerations, published January 2008, Florida Bar Journal

10.30.07

by: Michael R. Holt

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Candidates Beware: Brush Up on Florida Campaign Finance Laws

08.15.07

by: Daniel J. GerberSuzanne Barto Hill

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Email Poses Challenges to Attorney - Client Privilege: Target case offers lesson for corporations and their counsel

07.31.07

by: Suzanne Barto Hill

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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

02.26.07

by: Myron Shapiro

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Expert Evidence, A Practitioner's Guide to Law, Science, and the FJC Manual, Chapter 5, Guide to Survey Research, West Publishing, 1997

02.26.07

by: Myron Shapiro


The U.S. Supreme Court Announces New Rule for First Amendment Free Speech Cases: Public Employee Whistle-blowers Need Not Apply

09.29.06

by: Leonard J. Dietzen, III


"Procedural Considerations in Civil Remedy Actions," Trial Advocate Quarterly, (Vol. 11, No. 4)

06.01.06

by: David B. Shelton


"Recoverable Damages in Litigation Under Florida's Civil Remedy Statute," Trial Advocate Quarterly, (Vol. 11, No. 3)

06.01.06

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

06.01.06

by: David B. Shelton


"Gallagher v. Manatee County: The Sovereign Immunity Cap for FCRA Claims Includes Attorneys' Fees and Costs," Vol. 80, Florida Bar Journal No. 5 (May

05.01.06


Self Auditing Your HIPPA Privacy Compliance May Pay Big Dividends

02.21.06

by: Leonard J. Dietzen, III

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The Expanding Safety Responsibilities of Crane Operators, Constructor Magazine

02.01.05

by: Robert L. BlankMichael L. Forte


"Defenses," Florida Bar Product Liability Manual Florida Product Liability, Defense Research Institute

01.01.04

by: J. Richard Caldwell, Jr.


Recent Changes to the Rules Regulating The Florida Bar, Florida Defender

01.01.04

by: Richard A. Greenberg


"Exception to Rule Allows Employees to Sue in Tort", National Law Journal, vol. 25 no. 48

07.28.03

by: Michael L. Forte


"Get an Annual Legal Audit," Pest Control Magazine

04.04.02

by: Daniel J. Gerber


Fear Damages in Toxic Tort Actions, For the Defense

08.01.01

by: Daniel J. Gerber


"How to Avoid Pesticide Exposure Lawsuits," Pest Control Magazine

07.01.01

by: Daniel J. Gerber


School Bullying and its Impact on Litigation

01.01.00

by: Leonard J. Dietzen, III

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Supreme Court Says Title VII's Anti-Retaliation Provision Allows for Third-party Retaliation Claims

01.01.00

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Standard Mutual Waiver of Consegquential Damages

01.01.00

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Florida Supreme Court Decision Affecting Unlicensed Contractors Rights

01.01.00

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Applying to The Florida Bar - Dealing with the Florida Board of Bar Examiners

01.01.00

by: Richard A. Greenberg

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Safeguarding Against Litigation for Property Management Companies

01.01.00

by: Michael L. Forte

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Litigating in Foreign Jurisdictions vs. in Florida

01.01.00

by: Michael R. Holt

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The Front to Back of the Rear-End Rebuttable Presumption of Negligence

01.01.00

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Florida Court Reviews Entitlement to Attorneys' Fees

01.01.00

by: Dara Lindquist

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Choice of Law

01.01.00

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Understanding Arbitration Clauses in Contracts

01.01.00

by: Sally Rogers Culley

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New Adverse Event Report Requirements for Dietary Supplements

01.01.00

by: Daniel J. Gerber

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Emails, Smart Phones, Social Media and Employment Issues Oh My!

01.01.00

by: Leonard J. Dietzen, III

Read Article >>


The Changing Environment of Bank Litigation

01.01.00

by: E. Berton Spence

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Employment Issues Faced By Small Businesses

01.01.00

by: Sally Rogers Culley

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Florida Sunshine Litigation Act Public Hazard Definition Could be Hazard for Defense

01.01.00

by: Michael D. Begey

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Late Notice on First Party Property Cases

01.01.00

by: Darryl L. Gavin

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Understanding Wage and Hour Requirements

01.01.00

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Read All >>

 
 
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