42 Fla. L. Weekly D1119aTop of Form Insurance — Personal injury protection — Declaratory judgment — Error to dismiss, for failure to state cause of action, a declaratory judgment complaint seeking declaration that PIP insurer had improperly relied exclusively on Medicare fee schedules when determining reasonable amount to reimburse providers — Proper methodology for calculating Read More »

42 Fla. L. Weekly D1157aTop of Form Torts — Discovery — Attorney-client privilege — Crime-fraud exception — Compelled testimony by attorney — Due process — Trial court denied attorney due process when, without offering him an opportunity to be heard, it found his conduct, in scheduling depositions in a different case for the purpose of Read More »

42 Fla. L. Weekly D1141aTop of Form Torts — Premises liability — Assumption of risk — In action by plaintiff who was a member of defendant church, who played in band at church, and who tripped and fell over a bass player’s unsecured cord during rehearsal, alleging negligent failure of defendant to maintain premises in Read More »

42 Fla. L. Weekly D1135cTop of Form Attorney’s fees — Proposal for settlement — County’s proposal to settle claims brought against it by developer was valid where it offered specific sum in exchange for dismissal with prejudice of all claims against county and stated that it was intended as full settlement of all claims asserted Read More »

42 Fla. L. Weekly D1121aTop of Form Torts — Workers’ compensation immunity — Special employer — No error in entering summary judgment in favor of help supply services contractor based on finding that contractor was acting as plaintiff’s special employer where record conclusively showed that plaintiff was employee of help supply services company, not contractor Read More »