Publications
Supreme Court to Decide Pair of Mental Health Procedures Act Cases, Outlining the Contours of Claims Against Treatment Providers.
“One of the purposes of the Mental Health Procedures Act is to provide limited protection from civil and criminal liability to mental health personnel and their employers in rendering treatment in this unscientific and inexact field.” Farago v
Case Law Alerts, 4th Quarter, Octo
A Default Judgment Is Not Always the End.
Far too often in our line of business, we are informed of litigation after a default has already been entered against our client or insured. Ideally, and in most cases, we are able to negotiate for the default to be set aside or vacated.
Case Law Alerts, 4th Quarter, Octo
Florida’s Third District Court of Appeal Affirms Dismissal with Prejudice for Failure to Exhaust Administrative Remedies in Sexual Harassment Case.
The trial court dismissed an employee’s sexual harassment lawsuit against her employer for failure to exhaust her administrative remedies.
Case Law Alerts, 4th Quarter, Octo
Second District Court of Appeal Rules Florida Stat. § 627.70152 Cannot Be Applied Retroactively.
The plaintiffs’ complaint was dismissed due to their failure to comply with the pre-suit notice requirement set forth in Fla. Stat. § 627.70152(3).
Case Law Alerts, 4th Quarter, Octo
Ohio Supreme Court to Review Scope of Attorney-Client Privilege in Bad Faith Cases.
The Ohio Supreme Court has accepted the insurer’s appeal in this case, which arose out of an underinsured motorist claim, which the insurer had settled.
Case Law Alerts, 4th Quarter, Octo
Three Recent Third Circuit Decisions Underline Validity of Regular Use Exclusion and Household Vehicle Exclusion—under the Appropriate Circumstances—in UM/UIM Policies.
In Eberly v. LM Gen. Ins.
Case Law Alerts, 4th Quarter, Octo
PA Superior Court Rules, Expert Report that Merely Speculates About the Outcome of Underlying Action Is Insufficient to Establish Causation in Legal Malpractice Lawsuit.
The plaintiff alleged it would have mounted a successful defense to an underlying workers’ compensation action but for its attorney’s purported negligence in failing to conduct a thorough and timely investigation of the underlying claimant’s injur
Case Law Alerts, 4th Quarter, Octo
In a New York Conflict of Law Professional Malpractice Action, Appellate Court Affirmed Plaintiff Did Not Show that New Jersey Had Substantial Interest in the Litigation.
This matter deals with a conflict of law related to a professional malpractice action.
Case Law Alerts, 4th Quarter, Octo
In Effort to Reform Florida Condo and HOA Laws, Governor Desantis Signs Two New Bills.
Governor Ron Desantis recently signed two new bills in an effort to reform both condo and HOA laws in Florida. These both went into effect on July 1, 2024.
Case Law Alerts, 4th Quarter, Octo
Impounding a Vehicle Falls under Community Caretaking Exception to Fourth Amendment’s Warrant Requirement and Is Not a Taking under Fifth Amendment.
After township police officers conducted a traffic stop and found the driver did not have a license, registration or insurance, they had the car impounded.
Case Law Alerts, 4th Quarter, Octo