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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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Archives for March 2015

March 26, 2015 by admin

Attorneys’ Fees – Offer of Judgment – Nominal Offer Made in Good Faith

40 Fla. L. Weekly D753a Attorney’s fees — Offer of settlement — Offers of settlement by individual defendant and two corporate co-defendants — Trial court erred in finding that nominal offers of settlement by corporate co-defendants were not made in good faith where all three defendants had an objectively reasonable basis to make a nominal […]

Filed Under: Articles

March 26, 2015 by admin

Automobile Accident – Wrongful Death – Liability for Design and Construction of Traffic Signals

40 Fla. L. Weekly D723b Wrongful death — Automobile accident — Intersection collision — Design and construction of intersection traffic signals — Designer’s liability — Under Slavin doctrine, liability of contractor is cut off after owner has accepted the work performed, if the alleged defect is a patent defect which the owner could have discovered […]

Filed Under: Articles

March 26, 2015 by admin

Discovery – Attorney-Client Privilege – Former Defendant

40 Fla. L. Weekly D704a Mortgage foreclosure — Discovery — Attorney-client privilege — It was improper for court to require production of communications between defendant LLCs and another LLC which was a former defendant without conducting an in camera review — If in camera review were to reveal that parties intended to maintain confidentiality while […]

Filed Under: Articles

March 26, 2015 by admin

Automobile Accident – Amended Complaint – Relation Back

40 Fla. L. Weekly D709c Torts — Automobile accident — Limitation of actions — Amended complaint — Relation back — Trial court did not err in denying plaintiff’s motion to amend complaint to substitute wife of defendant for defendant, filed after original defendant filed a motion for summary judgment with supporting affidavits establishing that wife […]

Filed Under: Articles

March 26, 2015 by admin

Arbitration – Jurisdiction – Notice of Voluntary Dismissal

40 Fla. L. Weekly D705a Torts — Legal malpractice — Arbitration — Jurisdiction — Where plaintiff served notice of voluntary dismissal of one of defendants after that defendant had filed motion to compel arbitration, trial court was without jurisdiction to order that defendant to proceed with arbitration — Notice of voluntary dismissal terminated trial court’s […]

Filed Under: Articles

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