Abbey Adams Logo

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

Archives for April 2016

by

Civil rights — Speech — Political — Retaliation — Demotion — When an employer demotes an employee out of a desire to prevent the employee from engaging in a protected political activity, the employee is entitled to challenge that unlawful action under the First Amendment and Section 1983 even if the employer’s actions are based on a factual mistake about the employee’s behavior

26 Fla. L. Weekly Fed. S113aTop of Form Civil rights — Speech — Political — Retaliation — Demotion — When an employer demotes an employee out of a desire to prevent the employee from engaging in a protected political activity, the employee is entitled to challenge that unlawful action under the First Amendment and Section Read More »

by

Attorney’s fees — Proposal for settlement — Error to award attorney’s fees pursuant to proposals for settlement where proposals, although they included attorney’s fees, did not include a statement that attorney’s fees are part of the legal claim

41 Fla. L. Weekly D1036aTop of Form Attorney’s fees — Proposal for settlement — Error to award attorney’s fees pursuant to proposals for settlement where proposals, although they included attorney’s fees, did not include a statement that attorney’s fees are part of the legal claim — Award of fees to prevailing party in action alleging Read More »

by

Attorney’s fees — Proposal for settlement — Trial court erred by denying award of attorney’s fees to defendant pursuant to proposal for settlement on the ground that the proposal was made by the defendant as a corporation, but the defendant had been converted to a limited liability company and the complaint amended to name the limited liability company as party defendant

41 Fla. L. Weekly D1016bTop of Form Attorney’s fees — Proposal for settlement — Trial court erred by denying award of attorney’s fees to defendant pursuant to proposal for settlement on the ground that the proposal was made by the defendant as a corporation, but the defendant had been converted to a limited liability company Read More »

by

Insurance — Uninsured motorist — Damages — Future medical expenses — Evidence — Expert — Trial court erred in allowing orthopedic surgeon’s physician assistant to give his opinion on insured’s need for future surgery and the costs associated with such surgery

41 Fla. L. Weekly D995aTop of Form Insurance — Uninsured motorist — Damages — Future medical expenses — Evidence — Expert — Trial court erred in allowing orthopedic surgeon’s physician assistant to give his opinion on insured’s need for future surgery and the costs associated with such surgery STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, Read More »

by

Workers’ compensation — Attorney’s fees — Contracts — Non-contingent hourly attorney’s fees — Constitutionality of statutory fee restrictions — Proper remedy is to allow injured worker and attorney to enter into a fee agreement approved by judge of compensation claims, notwithstanding statutory restrictions

41 Fla. L. Weekly D985aTop of Form Workers’ compensation — Attorney’s fees — Contracts — Non-contingent hourly attorney’s fees — Constitutionality of statutory fee restrictions — Appeal from orders denying approval of retainer agreements pursuant to which claimant and her union would pay attorney an hourly fee from their own funds to pursue claim for Read More »