41 Fla. L. Weekly D998cTop of Form Insurance — Assignment of benefits — Where assignment of benefits from insured to plaintiff was clear and unambiguous, it was error to allow introduction of extrinsic evidence to determine meaning of agreement — Assignment of insurance benefits transferred to assignee standing to litigate coverage issue raised by insurer Read More »
Archives for April 2016
Workers’ compensation — Attorney’s fees — Mandatory fee schedule in section 440.34, Florida Statutes (2009), which creates an irrebutable presumption that precludes any consideration of whether the fee award is reasonable to compensate the attorney, is unconstitutional under both the Florida and United States Constitutions as a violation of due proces
41 Fla. L. Weekly S197bTop of Form Workers’ compensation — Attorney’s fees — Mandatory fee schedule in section 440.34, Florida Statutes (2009), which creates an irrebutable presumption that precludes any consideration of whether the fee award is reasonable to compensate the attorney, is unconstitutional under both the Florida and United States Constitutions as a violation Read More »
Civil rights — Employment discrimination — Appeal from order granting summary judgment in favor of employer in employment discrimination action brought by female licensed clinical pharmacists alleging gender and age discrimination
26 Fla. L. Weekly Fed. C220aTop of Form Civil rights — Employment discrimination — Appeal from order granting summary judgment in favor of employer in employment discrimination action brought by female licensed clinical pharmacists alleging gender and age discrimination — Failure to hire — Pharmacists failed to establish prima facie case of gender and age Read More »
Civil rights — Employment discrimination — Retaliation — Americans with Disabilities Act
26 Fla. L. Weekly Fed. C226aop of Form Civil rights — Employment discrimination — Retaliation — Americans with Disabilities Act — Florida Civil Rights Act — District court properly granted summary judgment to employer on former employee’s disability discrimination claims where plaintiff failed to identify a reasonable accommodation that would have enabled her to perform Read More »
Workers’ compensation — Attorney’s fees — Contracts — Non-contingent hourly attorney’s fees — Constitutionality of statutory fee restrictions
41 Fla. L. Weekly D985aop 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 »