Publications
Florida appellate court determines that F.S. 718.302 not applicable to lease entered into by association and developer in December 1976.
Faced with the issue of whether F.S.
Case Law Alert - 1st Qtr 2010
The Superior Court upheld an insurance policy's venue clause requiring a consumer to file suit in the county in which he or she lives.
The Superior Court upheld an insurance policy's venue clause requiring a consumer to file suit in the county in which he or she lives, addressing an issue of first impression created by the abolition of the Pennsylvania's Insurance Depar
Case Law Alert - 1st Qtr 2010
In California, trade secrets must be identified with "reasonable particularity" in a plaintiff's trade secret disclosure statement.
The California Court of Appeals recently ruled that the trial court did not err in deciding that a research company developing protein therapies for influenza was entitled to a protective order prohibiting discovery as a result of a plaintiff'
Case Law Alert - 1st Qtr 2010
The "Benefit to the Employer" rule: under what circumstances will an injury sustained during nonworking hours be found compensable?
The petitioner was employed as a full-time driver for the respondent, a janitorial supply company, whose sole proprietor and president was John Astrab.
Court holds that the resigning teacher's execution of a general release barred her subsequent employment discrimination claims.
In Gregory, a teacher filed a race discrimination lawsuit against her former employer, co-workers, union officials, and the parent of one of her students after her resignation.
Case Law Alert - 1st Qtr 2010
Under the New Jersey Law Against Discrimination, extending leave beyond FMLA period may constitute a reasonable accommodation.
The plaintiff was employed as a driver/guard and requested FMLA leave following coronary by-pass surgery. The plaintiff was granted the FMLA leave but was unable to return to his full duties at the end of the full leave period and was terminated.
Case Law Alert - 1st Qtr 2010
The plaintiff must establish a "serious injury" under §§ 5102(d) and 5104(a) in order to recover for "non-economic loss."
The plaintiff was a passenger on the defendant's bus and sued to recover personal injury damages allegedly arising out a motor vehicle collision between the defendant's bus and a third party's vehicle.
Case Law Alert - 1st Qtr 2010
A verdict is not excessive because it is greater than what an experienced judge might expect in similar circumstances.
This action stemmed from a motor vehicle accident in which the plaintiff’s vehicle was struck head-on by the defendant's.
Case Law Alert - 1st Qtr 2010
Disputes over the value of a UIM claim between an insured and an insurer are not valid grounds for bad faith claims.
On June 5, 2005, the appellant was involved in an automobile accident which he claimed to have sustained injuries. At the time of the accident, he was insured under a policy of insurance with Appellee for $100,000.
Case Law Alert - 1st Qtr 2010
The 2007 amendments to the Federal Railroad Safety Act do not alter the preemption analysis of state law claims.
The plaintiff filed this action for damages after he collided with a CSX train while attempting to cross a railroad track, making a state law claim that CSX failed to provide adequate warning devices at the railroad crossing.
Case Law Alert - 1st Qtr 2010