News Room

News Room

In Non-Conveniens Inquiry Presumption in Favor of Plaintiff’s Choice * No Liability for Property Manager for Independent Contractor Absent Oversight of Project * Reversible Error Where Dismissed Defendant on Verdict Form

August 19, 2013 TORT CASE LAW UPDATE Dear Ladies and Gentlemen: The Florida Supreme Court and the Florida District Courts of Appeal have recently issued several opinions that may of interest to you. In Shahla M. Rabie Cortez v. Palace Resorts, Inc., the Florida Supreme Court held that in the forum non conveniens inquiry, Florida […]

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Insurer as Assignee Entitled to Attorney Fees Under F.S. 627.428 * No Claim Materials Until Coverage Litigation Concluded * No Final Determination of Liability No Bad Faith * No Appeal of Partial MSJ Where Remaining Issues Intertwined with Same Facts * Summary Judgment Denied When Affirmative Defenses Have Not Been Refuted

 June 18, 2013 CASE LAW UPDATE  Dear Ladies and Gentlemen: The Florida District Courts of Appeal have recently issued several opinions concerning coverage and bad faith/good faith claims handling that may of interest to you.  EXECUTIVE SUMMARY In Ind. Lumbermens Mut. Ins. Co. v. Pa. Lumbermens Mut. Ins. Co., the Fourth District Court of Appeal […]

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Economic Loss Rule Limited to Product Liability Actions * Presumption of Negligence of Rear Driver Rebutable * Medicare Liens Subject to Reduction When Lien Amount Exceeds Recoverable Medicals * Settlement Agreement Can Be Rescinded Where Material Facts Withheld During Discovery

April 24, 2013 CASE LAW UPDATE Dear Ladies and Gentlemen: The Florida Supreme Court and the Florida District Courts of Appeal have recently issued several opinions that may of interest to you. In Tiara Condo. Ass’n v. Marsh & McLennan Cos., the Florida Supreme Court expressly limited the economic loss rule to products liability cases. […]

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Absolute Rule Exclusion applies to damages caused by excessive heat during transportation- Homeowners Policy does not provide coverage for claimant who contracted Herpes from homeowner- Where settlement Agreement required performace and the insurer only agreed to perform there is no enforceable settlement.

February 15, 2013 CASE LAW UPDATE  Dear Ladies and Gentlemen: This month we would like to share with you some recent opinions from the Unites States District Courts for the Middle and Southern Districts of Florida and the Florida District Courts of Appeal. We have highlighted specific cases that may be of interest to you. […]

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Torts Case Law Update: Attorney Fees & Costs per Fla. Stat § 768.79, Expert Testimony and Slip & Falls

December 15, 2012 CASE LAW UPDATE Dear Ladies and Gentlemen: This month we would like to share with you some recent opinions from the Florida District Courts of Appeal that may be of interest to you. In Gyongyosi v. Miller, the Fourth District Court of Appeal affirmed an order excluding expert testimony regarding whether construction […]

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Insurance Coverage/Bad Faith Update: Tort Pollution Exclusion, Limitations on Stacking Uninsured Motorist Coverage, Definition of Driver and Evidence of Fraud.

October 24, 2012  CASE LAW UPDATE  Dear Ladies and Gentlemen: This month we would like to share with you some recent opinions from the Florida District Courts of Appeal and the United States District Court for the South District of Florida. We have highlighted specific cases that may be of interest to you. In First […]

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Tort Case Law Update

Atkinson & Brownell publishes a Litigation Update every two months, where we feature recent Florida case law on a variety of topics relevant to our clients. Our Litigation Updates alternate regarding coverage and bad faith issues and tort issues. Download the August 15, 2012 issue.

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Case Law Update

Atkinson & Brownell publishes a Litigation Update every two months, where we feature recent Florida case law on a variety of topics relevant to our clients. Our Litigation Updates alternate regarding coverage and bad faith issues and tort issues. Download the April 13, 2012 issue.

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Case Law Update

Atkinson & Brownell publishes a Litigation Update every two months, where we feature recent Florida case law on a variety of topics relevant to our clients. Our Litigation Updates alternate regarding coverage and bad faith issues and tort issues. Download the February 05, 2012 issue.

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Case Law Update

Atkinson & Brownell publishes a Litigation Update every two months, where we feature recent Florida case law on a variety of topics relevant to our clients. Our Litigation Updates alternate regarding coverage and bad faith issues and tort issues. Download the August 17, 2011 issue.

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