39 Fla. L. Weekly S104a Wrongful death — Medical malpractice — Noneconomic damages — Statutory cap on wrongful death medical malpractice noneconomic damages violates the Equal Protection Clause of the Florida Constitution ESTATE OF MICHELLE EVETTE MCCALL, et al., Petitioners, v. UNITED STATES OF AMERICA, Respondent. Supreme Court of Florida. Case No. SC11-1148. March 13, Read More »
Articles
Offer of Judgment offering to pay plaintiff $100 to settle “payable within ten days of entry of the Order of Dismissal with Prejudce” deemed not ambiguous
39 Fla. L. Weekly D498a Attorney’s fees — Proposal for settlement — Ambiguities — Defendant’s proposal which offers to pay plaintiff $100 to settle action “payable within ten (10) days of entry of the Order of Dismissal with Prejudice,” is not ambiguous — If plaintiff had accepted proposal and defendant had failed to pay the Read More »
Trial Court properly denied motion for fees under 627.428 where the insurer did not wrongfully force insureds into litigation
39 Fla. L. Weekly D487a Insurance — Attorney’s fees — Trial court properly denied attorney’s fees and costs where insurer did not wrongfully cause insureds to resort to litigation ANA VIVAS, et al., Appellants, vs. STATE FARM FLORIDA INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D13-465. L.T. Case No. 12-4350. Opinion filed March 5, 2014. Read More »
Liability Seminar — “The Florida Casualty Claim: Accident to Appeal”
THE FLORIDA CASUALTY CLAIM: ACCIDENT TO APPEAL Presented by David Abbey, Marty Deptula, and Allison Mawhinney I. INTRODUCTION: David J. Abbey, Esquire A. FOCUS OF PROGRAM: 1. Claims, Activities, and Practice Helpful or Damaging 2. Attorney Activities: What, How, and Why 3. Ethical Parameters for Claims Personnel and Lawyers B. Read More »
Personal Injury Claims and Workers’ Compensation Liens: The Fly in the Ointment
PERSONAL INJURY CLAIMS AND WORKERS’ COMPENSATION LIENS: THE FLY IN THE OINTMENT By Robert P. Byelick, Esq. & Allison G. Mawhinney, Esquire Published in March 2014 Edition of Paraclete For injury litigation professionals, a workers’ compensation lien might be viewed as complicating factor to the resolution of your case. As Read More »