Abbey Adams Logo

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

  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

  • Bloglovin
  • Facebook
  • LinkedIn
  • Phone
  • Home
  • Locations
    • Where We Practice in Florida
    • Where We Practice In Illinois
  • Practices
  • Attorneys
    • David J. Abbey
    • Jeffrey M. Adams
    • Bruce D. Burk
    • Robert P. Byelick
    • Jaime Eagan
    • Jennifer J. Kennedy
    • John D. Kiernan (1947-2016)
    • V. Joseph Mueller
    • Steven A. Ochsner
    • Alexis C. Upton
  • Blog
  • Links
  • Contact Us

Archives for November 2017

November 24, 2017 by admin

Trial court abused its discretion in responding to jury note asking for transcript of witness’s deposition testimony, which was presented to jury as the witness’s trial testimony, in a manner that did not inform jury of availability of readback and discouraged jury from requesting readback — Error was not shown to be harmless — New trial required — Jury instructions — Trial court abused its discretion by giving instruction on reliance elements of claims for fraud

42 Fla. L. Weekly D2426cTop of Form Wrongful death — Product liability — Tobacco — Engle progeny case — Jury — Trial court abused its discretion in responding to jury note asking for transcript of witness’s deposition testimony, which was presented to jury as the witness’s trial testimony, in a manner that did not inform Read More »

Filed Under: Articles

November 24, 2017 by admin

Attorney’s fees — Justiciable issues — Claim or defense not supported by material facts or applicable law — Trial court improperly awarded attorney’s fees in favor of insurance company as a sanction for insured’s filing of frivolous complaint without making requisite findings of fact in order — Court also erred in imposing joint and several liability on law firm and insured — Under circumstances, each could be responsible for only fifty percent of attorney’s fee sanction

42 Fla. L. Weekly D2463aTop of Form Attorney’s fees — Justiciable issues — Claim or defense not supported by material facts or applicable law — Trial court improperly awarded attorney’s fees in favor of insurance company as a sanction for insured’s filing of frivolous complaint without making requisite findings of fact in order — Court Read More »

Filed Under: Articles

November 24, 2017 by admin

Insurance — Attorney’s fees — Insured prevailing in action against insurer — Where attorney representing insured had worked at law firm that originated insured’s claim, and continued to represent insured after leaving that firm, it was error for trial court to refuse to consider hours expended by attorney while working at prior firm in calculating attorney’s fee award — Trial court also erred in limiting prejudgment interest calculation by only including interest accruing through evidentiary fee hearing rather than date judgment was entered

42 Fla. L. Weekly D2459bTop of Form Insurance — Attorney’s fees — Insured prevailing in action against insurer — Where attorney representing insured had worked at law firm that originated insured’s claim, and continued to represent insured after leaving that firm, it was error for trial court to refuse to consider hours expended by attorney Read More »

Filed Under: Articles

November 24, 2017 by admin

Contempt — Civil — Willful failure to attend and participate in court-ordered mediation — Compensatory fine imposed following finding of contempt improperly included losses not caused by underlying contempt — Remand for new hearing on amount of compensatory fine

42 Fla. L. Weekly D2474bTop of Form Contempt — Civil — Willful failure to attend and participate in court-ordered mediation — Compensatory fine imposed following finding of contempt improperly included losses not caused by underlying contempt — Remand for new hearing on amount of compensatory fine GOZZO DEVELOPMENT, INC., and GREGORY GOZZO, an individual, Appellants, Read More »

Filed Under: Articles

November 24, 2017 by admin

Workers’ compensation — Compensable accidents — Law enforcement officers — Hypertension — Single reported elevated blood pressure reading at claimant’s pre-employment physical examination did not constitute evidence of the condition of hypertension — Judge of compensation claims did not err by determining that claimant was entitled to statutory presumption of compensability

42 Fla. L. Weekly D2469bTop of Form Workers’ compensation — Compensable accidents — Law enforcement officers — Hypertension — Single reported elevated blood pressure reading at claimant’s pre-employment physical examination did not constitute evidence of the condition of hypertension — Judge of compensation claims did not err by determining that claimant was entitled to statutory Read More »

Filed Under: Articles

  • Go to page 1
  • Go to page 2
  • Go to page 3
  • Go to page 4
  • Go to Next Page »

Primary Sidebar

Blog Archives

  • January 2021
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013

Footer

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Website or any of the e-mail links contained within the site do not create an attorney-client relationship between Abbey, Adams, Byelick & Mueller, L.L.P. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. opens in a new windowAbbey, Adams, Byelick, & Mueller XML Sitemap Index

Copyright © 2021 · Abbey Adams Byelick & Mueller, LLP · All Rights Reserved · Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982