Publications
Appellate Court Reverses Denial of Summary Judgment in FCRA Retaliation Case
A trial court’s denial of summary judgment was overturned after an appellate court found that a job applicant failed to meet the statutory deadline for filing a retaliation claim under the Florida Civil Rights Act (FCRA).
Case Law Alerts, 2nd Quarter, Apri
Objections to the Adequacy of a Civil Remedy Notice Can Be Waived
The Second District Court of Appeals considered whether an insurer can raise, as the basis of a motion to dismiss or as an affirmative defense, for the first time, compliance with the insured’s statutory requirements of Fla. Stat. § 624.155.
Case Law Alerts, 2nd Quarter, Apri
Court Denies UIM Coverage to Woman, Claiming ‘Family Member’ Status Through Daughter
The plaintiff, who resided with her daughter in the home of her daughter’s paternal grandmother, sought UIM benefits under an auto insurance policy issued to the grandmother.
Case Law Alerts, 2nd Quarter, Apri
A Neck-Hold Is Not Clearly-Established Excessive Force
This § 1983 lawsuit was filed against a police officer after a confrontation during a traffic stop in which the plaintiff resisted compliance.
Case Law Alerts, 2nd Quarter, Apri
Court Affirms Dismissal of Lawsuit Over City Pothole Fall, Citing Lack of Evidence
The plaintiff tripped and fell in a pothole in the City of Newark. There were no complaints reported about this pothole prior to this incident.
Case Law Alerts, 2nd Quarter, Apri
Examining the Limits of the State-Created Danger Doctrine
During the COVID-19 pandemic, the decedent’s family urgently called 911 as she struggled to breathe and had dangerously low blood-oxygen levels.
Case Law Alerts, 2nd Quarter, Apri
Ohio Supreme Court Holds Ohio’s Tolling Statute Does Not Violate Federal Commerce Clause as Applied to a Physician Who Leaves the State to Practice Medicine Elsewhere
The Ohio Supreme Court examined the constitutionality of Ohio’s tolling statute, R.C. 2305.15, as it relates to a physician who was sued for medical malpractice.
Case Law Alerts, 1st Quarter, Janu
Pennsylvania Court Rejects Fraudulent Joinder Theory, Keeping Insurance Agent in Case
The U.S.
Case Law Alerts, 1st Quarter, Janu
Insurance Policies, Including Exclusions, Need to Be Clear and Unambiguous, According to Delaware Court
A Delaware gun dealer, which also operates a shooting range for which it rents firearms, sued its insurer and its insurance broker in a matter arising from the insurer’s refusal to provide defense or indemnification in an underlying lawsuit brough
Case Law Alerts, 1st Quarter, Janu
Motion for Remittitur Denied by Delaware Court Where Verdict Not Deemed Grossly Excessive
The defendant was dropping off his sister (the plaintiff) at a Goodwill store in Wilmington, Delaware.
Case Law Alerts, 1st Quarter, Janu