43 Fla. L. Weekly D256a Civil procedure — Discovery — Trial court erred in overruling defendant’s objection to discovery by default after counsel appeared late for hearing which was set to address a variety of matters, including discovery objections — Trial court also departed from essential requirements of law by failing to conduct in camera Read More »
Articles
Workers’ compensation — Compensable accidents — Law enforcement officers — Heart disease and hypertension — Presumption of compensability — Claimant who had not undergone a physical examination upon entering into service as full-time law enforcement officer was not eligible for statutory presumption that his heart disease and hypertension were compensable — 2002 amendments to section 112.18, which extended statutory presumption to local LEOs, were procedural and, accordingly, prerequisites to presumption were retroactive and applied to claimant who was employed as local LEO prior to amendments
43 Fla. L. Weekly D243c Workers’ compensation — Compensable accidents — Law enforcement officers — Heart disease and hypertension — Presumption of compensability — Claimant who had not undergone a physical examination upon entering into service as full-time law enforcement officer was not eligible for statutory presumption that his heart disease and hypertension were compensable Read More »
Insurance — Uninsured motorist — Damages — Evidence of medical treatment insured might possibly need in the future was insufficient to sustain award of damages for future medical expenses — Award of damages for future medical expenses is limited to expenses reasonably certain to be incurred — Remand for trial court to either grant insurer’s motion for remittitur or conduct new trial limited to determination of future medical expenses
43 Fla. L. Weekly D238a Top of Form Insurance — Uninsured motorist — Damages — Evidence of medical treatment insured might possibly need in the future was insufficient to sustain award of damages for future medical expenses — Award of damages for future medical expenses is limited to expenses reasonably certain to be incurred — Read More »
Illinois – Declaratory Judgment – Trucking – Missing Insurance Policies –
2017 IL App (1st) 160780 NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. Appellate Court of Illinois, First District, FIRST DIVISION. The TRAVELERS INDEMNITY COMPANY and Travelers Property Casualty Company of America, Plaintiffs–Appellants, v. ROGERS CARTAGE COMPANY, Defendant–Appellee. No. Read More »
Torts — Contracts — Limitation of actions — Trial court properly dismissed negligent misrepresentation, fraud and rescission, and fraud in the inducement claims as barred by statute of limitation — Trial court erroneously found that unjust enrichment count was barred by statute of frauds — Error to grant motion to dismiss unjust enrichment count for failure to state cause of action where dismissal would require consideration of matters beyond four corners of complaint
43 Fla. L. Weekly D232aTop of Form Torts — Contracts — Limitation of actions — Trial court properly dismissed negligent misrepresentation, fraud and rescission, and fraud in the inducement claims as barred by statute of limitation — Trial court erroneously found that unjust enrichment count was barred by statute of frauds — Error to grant Read More »