40 Fla. L. Weekly D2072a Attorney’s fees — Proposal for settlement — Wrongful death — Clause stating that plaintiff was “willing to consider any suggested changes to the release” of liability did not render proposal for settlement unenforceable — Trial court erred in striking proposal as overly broad, vague, and ambiguous JANICE E. WALLEN, as […]
Archives for September 2015
Insurance — Discovery — Claim file — Order overruling objections based upon claims of work product and attorney-client privilege quashed
40 Fla. L. Weekly D2064dTop of Form Insurance — Discovery — Claim file — Order overruling objections based upon claims of work product and attorney-client privilege quashed GEICO GENERAL INSURANCE COMPANY, Petitioner, v. LORI FELLER, ETC., ET AL., Respondents. 5th District. Case No. 5D15-505. Opinion filed September 4, 2015. Petition for Certiorari Review of […]
Insurance — Automobile — Bad faith — Third-party claim against insurer
25 Fla. L. Weekly Fed. C1539a Insurance — Automobile — Bad faith — Third-party claim against insurer — Plaintiff failed to provide sufficient evidence for reasonable jury to find that insurer acted in bad faith in handling plaintiff’s claim, which was only one of multiple claims against insured arising out of automobile accident — Although […]
Civil rights — Schools — Student-on-student sexual harassment — Deliberate indifference — Qualified immunity
25 Fla. L. Weekly Fed. C1493a Civil rights — Schools — Student-on-student sexual harassment — Deliberate indifference — Qualified immunity — Action against school board, principal, and others asserting Title IX sexual harassment claim and section 1983 equal protection claims filed by student who was raped in bathroom after school officials decided to use her […]
Attorney’s fees — Offer of judgment — Fact that a co-defendant was liable for payment of defendant’s attorney’s fees pursuant to an indemnification agreement was not a valid reason for denying an award of fees to defendant pursuant to defendant’s offer of judgment which met statutory requirements for entitlement to fees
40 Fla. L. Weekly D2052b Attorney’s fees — Offer of judgment — Trial court erred in denying award of attorney’s fees and costs to prevailing defendant where there was no finding that offer of judgment was not made in good faith — Fact that a co-defendant was liable for payment of defendant’s attorney’s fees pursuant […]