24 Fla. L. Weekly Fed. C1199a Employer-employee relations — Family Medical Leave Act — Waiver or release of claims — No error in granting summary judgment in favor of former employer on claims of interference and retaliation under Family Medical Leave Act where plaintiff signed severance agreement with employer ostensibly waiving FMLA claims — Although […]
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Federal court concludes that cliff on property adjacent to defendant’s club, but not owned by club, was within the scope of defendant’s duty to maintain property in reasonably safe condition
24 Fla. L. Weekly Fed. C1247a Wrongful death — Premises liability — Action arising out of incident in which owner of home on private golf club property located on an island in the Bahamas apparently fell to his death from rocky cliff adjacent to club property, but not owned by club — District court erred […]
Federal court enters summary judgment in favor of insurance carrier in bad faith action
24 Fla. L. Weekly Fed. D314a Insurance — Automobile — Bad faith — Refusal to settle — Summary judgment in favor of insurer is appropriate because, based upon record evidence and totality of circumstances, no reasonable jury could find insurer acted in bad faith by allegedly failing to settle the claim within plaintiff’s policy limits […]
Workers’ Compensation: Psychiatric limitation appropriate consideration in determining entitlement to PTD
39 Fla. L. Weekly D793a Workers’ compensation — Permanent total disability — Judge of compensation claims did not err in considering claimant’s psychiatric limitations in assessing claimant’s entitlement to PTD benefits SARASOTA COUNTY SCHOOL BOARD/OPTACOMP, Appellants, v. KATHRYN ROBERSON, Appellee. 1st District. Case No. 1D13-4087. Opinion filed April 16, 2014. An appeal from an order […]
Premises liability: issues of fact as to parties’ knowledge of condition, whether condition was open and obvious, etc., precluded summary judgment
39 Fla. L. Weekly D814b Torts — Premises liability — Failure to maintain premises in reasonably safe condition and to warn of dangerous condition — Action by invitee who was injured when she fell through floor of attic in defendant’s home and landed on garage floor below — Error to enter summary judgment in favor […]