Insights

Categories
Product Liability

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

On December 1, 2010, a three judge panel of the Florida Fourth District Court of...

Steven I. Klein
Employment and Labor

Understanding Arbitration Clauses in Contracts

Contractual agreements often include clauses that require arbitration should a dispute arise. Many times, attorneys...

Product Liability

Potential Exposure Under Florida’s Evolving Joint and Several Liability Landscape

In 2006, The Florida Legislature amended Florida Statutes Section 768.81 and abolished joint and several...

Steven I. Klein
Aviation

Baggage Claims Under the Montreal and Warsaw Conventions

Various air carriers have requirements in the event that a passenger seeks to state a...

Abigail Roberts
Product Liability

Offensive Use of Preclusion Doctrines

Collateral estoppel, like the related doctrine of res judicata, preserves a party’s resources and furthers...

Aviation

Emotional Harm Damages For Personal Injury Claims Under The Montreal Convention

When an aircraft full of passengers during an international flight encounters an unexpected event, such...

Casualty Litigation

Medicare Set Asides and Their Application to Liability Litigation

The Medicare Secondary Payor Act (“MSPA”) defines the federal government’s rights to recover benefits it...

Employment and Labor

NLRB Postpones Implementation Date for Its New Notice-Posting Rule

In response to inquiries from businesses and pushback from trade organizations, according to the October...

Leonard J. Dietzen, III
Product Liability

Current Status of Chinese Drywall Litigation – The Defense of “I did not know”

Ever since the first complaint of Chinese Drywall reported to the Florida Department of Health...

Robert V. Fitzsimmons
Product Liability

New Discovery Ruling Encourages the use of the Discovery Process as a “Fishing Expedition” Against Product Manufacturers

Alvarez v. Cooper Tire is a relatively new opinion out of the Florida 4th DCA...