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

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January 3, 2014 by admin

Expert discovery in Federal Court

24 Fla. L. Weekly Fed. C845a Civil procedure — Discovery — Documents — Testifying expert material — Scope of discovery — Testifying expert’s personal notes prepared for his own use and email communications with non-attorneys, including other experts, are relevant within meaning of Rule 26(b)(1) and thus subject to discovery, unless opposing parties can meet […]

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January 3, 2014 by admin

Circuit Court Order: Ineffective revocation of election of non-stacked UM coverage

21 Fla. L. Weekly Supp. 66a Online Reference: FLWSUPP 2101GOLD Insurance — Stacking — Uninsured/underinsured motorist — Where insureds’ policy clearly and unambiguously excludes stacking of uninsured/underinsured motorist coverage, and statute provides that limitations accepted by insureds will continue unless insureds request deletion of limitation and pay appropriate premium for additional coverage. insurer was not […]

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January 3, 2014 by admin

Circuit Court Order: Adjuster’s notes not discoverable in a PIP action in which breach of con...

21 Fla. L. Weekly Supp. 27a Online Reference: FLWSUPP 2101STAT Insurance — Personal injury protection — Discovery — Work product — Adjuster’s notes — In PIP case in which breach of contract or coverage are still in issue and in which there is no bad faith claim, discovery of adjuster’s notes is prohibited by work […]

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January 3, 2014 by admin

Circuit Court Order: Attorney charging liens not subject to 30 day limitation for motions to tax co...

21 Fla. L. Weekly Supp. 31a FLWSUPP 2101FELD Attorney’s fees — Charging liens — Rule 1.525, which requires party seeking judgment taxing costs or attorney’s fees to serve motion no later than 30 days after filing of judgment, does not apply to attorney’s motion to enforce previously perfected charging lien MARK J. FELDMAN, P.A., Appellant, […]

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January 3, 2014 by admin

Workers’ compensation — summary final order was proper based on res judicata

39 Fla. L. Weekly D23a Workers’ compensation — Medical benefits — MRI — Res judicata — Judge of compensation claims did not err in entering summary final order denying claimant’s petition for benefits seeking authorization for an MRI of his shoulder — Claim is barred by res judicata where JCC had entered prior order which […]

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Filed Under: Articles

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