41 Fla. L. Weekly D352b Top of Form Insurance — Discovery — Trial court departed from essential requirements of law in ordering disclosure of insurer’s claims file and related materials prior to any coverage determination THE DOCTORS COMPANY, Petitioner, v. JAMES RANDALL THOMAS a/k/a Randy Thomas, as Personal Representative of the Estate of Mildred Thomas, Read More »

25 Fla. L. Weekly Fed. D285a Labor relations — Fair Labor Standards Act — Overtime — Former hourly-paid, full-time paralegals, on behalf of themselves and other similarly situated employees who were not paid overtime wages, filed complaint against employer law firm for violations of FLSA, unjust enrichment, and violations of Florida Whistleblower’s Act — Unjust Read More »

41 Fla. L. Weekly D327aTop of Form Appeals — Attorney misconduct at trial — Preservation of issue — Where party made contemporaneous objection to a clearly improper question posed at trial by opposing counsel, objection was sustained, question was stricken from record, and jury was instructed to disregard the question, party was required to contemporaneously Read More »

41 Fla. L. Weekly D295bTop of Form Wrongful death — Medical malpractice — New trial — Plaintiff suffered prejudice where, shortly before trial, defendant amended Fabre defense to include other physicians as non-party defendants and then withdrew the Fabre defense on the last day of trial — Events created situation in which plaintiff presented case Read More »

41 Fla. L. Weekly D275aTop of Form Torts — Assignment of claims — Action by plaintiff against his residential tenant, alleging that tenant was negligent in connection with a fire that damaged plaintiff’s property — Trial court did not err in entering summary judgment for defendant on basis that plaintiff, in mortgage, had assigned rights Read More »