Wellington

     

Office Info

  • 8461 Lake Worth Road Suite 226 Lake Worth, FL 33467
  • p. 561.478.9930
  • f.  561.340.1425
  • Get Directions
     

Publications

  • Florida Legislature to Consider Bill Protecting Rights of Medical Marijuana Users

    Florida Bill Aims to Protect Medical Marijuana Users from Workplace Discrimination

    November 21, 2019

    A proposed Florida bill highlights the inherent conflict between the rights of the individual to accept and undergo treatment for legitimate medical conditions in contradiction to employers’ desire to have a “drug-free” working environment in order to maintain certain standards of work quality and safety.

  • Florida Supreme Court Rules Defendants May Not Admit Evidence of Potential Collateral Source Benefits Provided by Social Legislation, Such as Medicare and Medicaid

    Collateral Source Benefits from Medicare and Medicaid

    October 23, 2015

    The Florida Supreme Court recently held that defendants are precluded from introducing evidence regarding collateral source benefits that plaintiffs may receive in the future from social legislation, such as Medicare and Medicaid. The decision has significant ramifications because it removes a tool that could be used to diminish the jury award for the plaintiffs’ future damages.

  • Citizens Property Insurance Corporation Immune to Statutory Bad Faith Claims

    Citizens Property Insurance Corporation Immune to Statutory Bad Faith Claims

    June 3, 2015

    A recent decision by the Florida Supreme Court confers a benefit on a state-created entity that provides property insurance that private insurers do not enjoy. Critics of the opinion say that the entity has no incentive to handle claims quickly and correctly, and that, as a practical matter, this decision actually creates a disincentive for it to do so. Proponents counter that the entity will not be burdened the by abuse of bad faith litigation that drives up rates to policyholders.

  • Eleventh Circuit Mandates Insurers’ Strict Statutory Compliance with Florida Claims Administration Act When Denying Coverage

    July 26, 2012

    The Eleventh Circuit affirmed a district court’s judgment denying an insurer’s motion for summary judgment on no duty to defend or indemnify its insured in connection with hurricane repair work, and granting in part and denying in part a cross-motion for summary judgment filed by plaintiff. The insurer was estopped from denying coverage because the insurer failed to adequately comply with the procedures set forth in Fla. Stat. § 627.426.

  • One to Watch: Pre-suit Duty to Preserve Surveillance Video without a Written Request?

    July 24, 2012

    While Florida’s Second District Court of Appeal ruled that it would not be fair to businesses to require them to preserve video evidence without a written request, the court noted that the Fourth District Court of Appeal has held there can be circumstances in which a defendant has a duty to preserve evidence absent a request to preserve it. There is now a conflict among the appellate districts, which may ultimately be resolved by the Florida Supreme Court.

  • Florida Courts to Require Service of Pleading and Documents by Email

    July 2, 2012

    Effective September 1, 2012, Florida will take another major step toward paperless litigation. While not substantive law, the procedural events that are occurring in Florida in this area are leading to an e-practice that will result in greater efficiency and expediency in the practice of law in Florida.

  • Florida Decisions Trending Toward Admitting Gross Amount of Medical Bills into Evidence

    September 2011

    Florida’s First District Court of Appeals distinguished cases involving payments made by Medicare from those involving payments made by a private health insurer to whom the plaintiff actually paid premiums and “earned” the benefits.

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