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Florida Supreme Court strikes down as unconstitutional legislative amendments that permitted medical malpractice defendants to conduct ex parte interviews with plaintiffs’ treating health care providers.

In a sharply divided 4-3 decision, the Florida Supreme Court struck in its entirety § 766.1065(3)(E) of the mandatory HIPAA authorization which a plaintiff is required to provide to a defendant during pre-suit. Case Law Alerts, 1st Quarter, January 2018

New Jersey recognizes and applies the continuous-trigger theory of insurance coverage to claims involving progressive damage to property caused by an insured’s allegedly defective construction work.

The “last-pull” of the continuous trigger for purposes of determining an “occurrence” happens when the “essential nature and scope of the property damage first becomes known, or when one would have sufficient reason t Case Law Alerts, 1st Quarter, January 2018