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

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Archives for May 2017

May 26, 2017 by admin

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

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 »

Filed Under: Articles

May 26, 2017 by admin

Torts — Discovery — Attorney-client privilege — Crime-fraud exception — Compelled testimony by attorney — Due process

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 »

Filed Under: Articles

May 26, 2017 by admin

Torts — Premises liability — Assumption of risk — Doctrine of express assumption of risk is applicable only to express contracts not to sue and injuries resulting from contact sports

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 »

Filed Under: Articles

May 26, 2017 by admin

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 by developer in the lawsuit — General statement of claims to be resolved was sufficient to include all damages that would otherwise be awarded in a final judgment

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 »

Filed Under: Articles

May 19, 2017 by admin

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

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 »

Filed Under: Articles

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