The U.S. Department of Labor announced a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which amends the regulations at 29 CFR part 541 under the Fair Labor Standards Act. Under this final rule made the following changes: The final rule will take effect on July 1, […]
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Torts — Automobile accident — Discovery — Non-parties — Treating physicians — Financial relationships — Appeals — Certiorari — Trial court did not depart from essential requirements of the law by compelling production of information and documents related to claimed financial relationship between plaintiff’s attorneys and expert witnesses plaintiff had disclosed as “treating physicians” — Plaintiff’s description of experts as “treating physicians” is not determinative — Experts disclosed as treating physicians were properly characterized as “hybrid witnesses” where expert witness disclosure made clear that those physicians intended to offer opinion testimony which exceeded the scope permissible for a fact witness treating physician, such as opinions regarding future medical treatment and permanency — Hybrid witnesses are subject to financial-bias discovery
49 Fla. L. Weekly D1287a VERNA D. TILLMAN, Petitioner, v. MAHLON O. SWEAT, Respondent. 5th District. Case No. 5D2023-1338. L.T. Case No. 2020-CA-1745. June 12, 2024. Petition for Certiorari Review of Order from the Circuit Court for Marion County. Steven G. Rogers, Judge. Counsel: Brian J. Lee, of Morgan & Morgan, Jacksonville, for Petitioner. Warren […]
Appeals — Certiorari — Contracts — Letter of protection — Action alleging attorney breached contract requiring him to refrain from distributing settlement proceeds to client until medical bills owed to plaintiff were paid — Summary judgment — Order denying defendant’s motion for summary judgment on ground that plaintiff failed to join indispensable parties in the lawsuit is not subject to certiorari review — Defendant cannot establish irreparable harm where any injury can be corrected on direct appeal — Petition dismissed
49 Fla. L. Weekly D1216a KIMBERLY FRINZI; BOLLIGER LAW GROUP, PLLC; and ALDO BOLLIGER ESQ., Petitioners, v. THOMAS C. TOLLI, M.D., P.A. d/b/a THOMAS TOLLI, M.D., Respondent. 2nd District. Case No. 2D2023-2008. June 7, 2024. Petition for Writ of Certiorari to the Circuit Court for Pinellas County; Cynthia J. Newton, Judge. Counsel: Aldo Bolliger of […]
Torts — Automobile accident — Vicarious liability — Respondeat superior — Employer-employee relationship — Bailment — Negligent hiring — Action rising out of injuries sustained by minor child in accident in which driver was at fault — Trial court properly found that driver was not acting within course and scope of his employment when accident occurred and that contractor who had subcontracted temporary labor work with company for whom driver worked as day laborer could not be held vicariously liable for any negligence attributed to the driver — Record clearly demonstrated that contractor was never the owner, rentor, lessor, or bailor of vehicle being driven at time of accident — Trial court properly ruled that fact that driver was driving on a suspended license was not material because contractor had no notice of fact nor should it have — Court rejects invitation to recognize common law duty of an employer to run background check on employees who will be operating a vehicle
49 Fla. L. Weekly D1139b TARA WOOD, et al., Appellants, v. ROYAL PLUS, INC., etc., et al., Appellees. 3rd District. Case No. 3D22-2013. L.T. Case No. 18-16-K. May 29, 2024. An Appeal from the Circuit Court for Monroe County, Timothy J. Koenig, Judge. Counsel: Hoffman, Larin, & Agnetti, P.A., David L. Perkins, and John B. […]
Insurance — Insured’s action against insurer — Damages — Error to deny insured’s motion for directed verdict where there was no record evidence to give jury reasonable basis for determining damages without speculation
49 Fla. L. Weekly D1136c UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. GERARDO MOYA, Appellee. 3rd District. Case No. 3D23-0540. L.T. Case No. 18-7712. May 29, 2024. An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge. Counsel: Bernstein, Chackman, Liss, and Steven J. Chackman (Hollywood); Russo Appellate Firm, P.A., and […]