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

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Archives for January 2016

January 29, 2016 by admin

Jurisdiction — Non-residents — Tortious conduct in state — Evidentiary hearing required on jurisdictional issues where plaintiff alleged that defendant committed tortious conduct through communications with decedent in Florida and defendant denied any such communications

41 Fla. L. Weekly D213aTop of Form Jurisdiction — Non-residents — Tortious conduct in state — Evidentiary hearing required on jurisdictional issues where plaintiff alleged that defendant committed tortious conduct through communications with decedent in Florida and defendant denied any such communications TERUGOSHI KOTOURA a/k/a KATSURA KAN, Appellant, v. TIBOR STERN, as Personal Representative of Read More »

Filed Under: Articles

January 29, 2016 by admin

Jurisdiction — Non-residents — Where neither amended complaint nor testimony at hearing on jurisdiction showed that any act beyond repayment of promissory note was required to be performed in Florida, defendant did not have sufficient minimum contacts with state to support assertion of personal jurisdiction

41 Fla. L. Weekly D261aTop of Form Jurisdiction — Non-residents — Contracts — Failure to pay on contract requiring payment in Florida is sufficient to satisfy Florida’s long-arm statute conferring jurisdiction over breach of contract actions — Minimum contacts — Where neither amended complaint nor testimony at hearing on jurisdiction showed that any act beyond Read More »

Filed Under: Articles

January 29, 2016 by admin

Insurance — Discovery — Trial court departed from essential requirements of law in ordering insurer to produce portions of its adjusters’ claims files to medical provider in first-party non-bad-faith cases

41 Fla. L. Weekly D278aop of Form Insurance — Discovery — Trial court departed from essential requirements of law in ordering insurer to produce portions of its adjusters’ claims files to medical provider in first-party non-bad-faith cases STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, vs. PREMIER DIAGNOSTIC CENTERS, LLC, (A/A/O SHERRY DUJON, DOLORES LANCASTER, MARIA Read More »

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January 29, 2016 by admin

Appeals — Sanctions — Maintenance of indefensible position in trial court and on appeal — Rare circumstance in which appellee may be sanctioned

41 Fla. L. Weekly D276aTop of Form Appeals — Sanctions — Maintenance of indefensible position in trial court and on appeal — Rare circumstance in which appellee may be sanctioned — Appellee directed to show cause why appellant’s attorney’s fees should not be assessed against appellee HSBC Bank USA, N.A., Appellant, vs. BISCAYNE POINT CONDOMINIUM Read More »

Filed Under: Articles

January 29, 2016 by admin

Insurance — Uninsured motorist — Argument — Insurer entitled to new trial based on cumulative effect of statements by plaintiff’s counsel

41 Fla. L. Weekly D257aTop of Form Insurance — Uninsured motorist — Argument — Insurer entitled to new trial based on cumulative effect of statements by plaintiff’s counsel pointing out that plaintiff had done the right thing all along and that insurer had refused to pay the debt it owed to plaintiff, counsel’s use of Read More »

Filed Under: Articles

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