BNSF RAILWAY CO. v. TYRRELL, SPECIAL ADMINISTRATOR FOR THE ESTATE OF TYRRELL, DECEASED, ET AL. CERTIORARI TO THE SUPREME COURT OF MONTANA No. 16–405. Argued April 25, 2017—Decided May 30, 2017 Fourteenth Amendment’s Due Process Clause does not permit a State to hale an out-of-state corporation before its courts when the corporation is not Read More »
Articles
Attorney’s fees — Proposal for settlement — Trial court erred in denying motion for attorney’s fees – For purposes of the offer of judgment statute, a nominal offer is made in good faith where the offeror has a reasonable basis to believe that its exposure to liability is minimal
42 Fla. L. Weekly D1240fTop of Form Attorney’s fees — Proposal for settlement — Trial court erred in denying motion for attorney’s fees on basis that a proposal for settlement must strictly comply with the content requirements of rule 1.442(c)(2) in order for the movant to be entitled to attorney’s fees and costs — Nominal Read More »
Torts — Negligent misrepresentation — Collateral estoppel — Res judicata –When court dismissed initial action and granted summary judgment for defendant, the matter was concluded for all purposes
42 Fla. L. Weekly D1214bTop of Form Torts — Negligent misrepresentation — Collateral estoppel — Res judicata — Where trial court dismissed initial action alleging fraudulent misrepresentation, breach of fiduciary duty, and negligence on basis of failure to comply with rule requiring substitution of parties upon death, and entered summary judgment for defendant, finding that Read More »
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 »
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 »