42 Fla. L. Weekly D882aTop of Form Torts — Automobile accident — Rear end collision — Discovery — Depositions — Trial court departed from essential requirements of law by granting plaintiff’s motion for protective order to prohibit deposition of her minor son, who was sitting in front seat at time of accident and a material Read More »
Archives for April 2017
Attorney’s fees — Prevailing party — Trial court did not err in awarding attorney’s fees for litigating the amount of fees and costs pursuant to fee-shifting provision in consulting agreement between parties – Fees paid to fact witnesses for assistance with case and discovery preparation
42 Fla. L. Weekly D848aop of Form Attorney’s fees — Prevailing party — Trial court did not err in awarding attorney’s fees for litigating the amount of fees and costs pursuant to fee-shifting provision in consulting agreement between parties — Trial court properly found that prevailing party was entitled to recover as costs the fees Read More »
Attorney’s fees — Proposal for settlement — Trial court erred when it partially denied plaintiffs’ post-trial motion to tax attorney’s fees and costs based on its conclusion that proposals for settlement served by the plaintiffs upon defendants’ attorneys could not serve as basis to award fees and costs because they were not served by email — Conflict certified
42 Fla. L. Weekly D842aTop of Form Attorney’s fees — Proposal for settlement — Trial court erred when it partially denied plaintiffs’ post-trial motion to tax attorney’s fees and costs based on its conclusion that proposals for settlement served by the plaintiffs upon defendants’ attorneys could not serve as basis to award fees and costs Read More »
Workers’ compensation — Compensable accidents — Heart attack — Presumption of compensability — Corrections officers — JCC should have denied claim under heart-lung statute where employer/carrier successfully rebutted presumption of compensability and there was no competent, substantial evidence of occupational causation
42 Fla. L. Weekly D870aTop of Form Workers’ compensation — Compensable accidents — Heart attack — Presumption of compensability — Corrections officers — JCC should have denied claim under heart-lung statute where employer/carrier successfully rebutted presumption of compensability and there was no competent, substantial evidence of occupational causation — Although if claimant adduces competent evidence Read More »
Workers’ compensation — Compensable accidents — Heart condition — Firefighters — Presumption of compensability — Rebuttal of presumption — Where claimant asserted a presumption-only claim, employer’s burden on rebuttal was competent evidence that disease was not work related — E/C met its threshold rebuttal standard by presenting medical expert’s testimony that claimant’s coronary artery disease was caused by non-work-related factors — Major contributing cause is not a component of E/C’s rebuttal threshold, and medical expert was not required to opine as to major contributing cause
42 Fla. L. Weekly D865dTop of Form Workers’ compensation — Compensable accidents — Heart condition — Firefighters — Presumption of compensability — Rebuttal of presumption — Where claimant asserted a presumption-only claim, employer’s burden on rebuttal was competent evidence that disease was not work related — E/C met its threshold rebuttal standard by presenting medical Read More »