Monthly Archives: August 2014

Concrete Repairs – Some Matters to Consider

http://www.floridaconstructionlawauthority.com/2014/08/artic… Concrete Repairs – Some Matters to Consider Concrete generally consists of three components: (a) water, (b) an aggregate material such as sand, gravel, or stone, and (c) cement. In condominiums, concrete is often used in the formation of the shell of the building, with further support and strength being provided by reinforcing steel located within a condominium’s concrete slabs, Continue Reading...

Florida Supreme Court on Material Breach, Conditions Precedent and Subsequent, and Insurer Prejudice

http://floridacontractlaw.blogspot.com/2014/03/florida-supre… Florida Supreme Court on Material Breach, Conditions Precedent and Subsequent, and Insurer Prejudice The Florida Supreme Court had a busy day today. They decided in McCall v. U.S., No. SC11-1148 (Fla. Mar. 13, 2014), that the legislature’s cap on noneconomic damages in wrongful death cases violated the equal protection guarantee of the Florida Constitution, because there was no rational basis Continue Reading...

Ethics charges reveal new details in case of judge who punched public defender

http://www.abajournal.com/news/article/judge_who_challenged_… Ethics charges reveal new details in case of judge who punched public defender  A Florida judge who struck an assistant public defender in a hallway outside his Viera courtroom is now facing a legal ethics case. Assistant public defender Andrew Weinstock was representing a client before Brevard County Judge John Murphy when they got into the argument that led Continue Reading...

Florida Supreme Court to rule on Plancher, UCF Athletic Association appeal

http://www.orlandosentinel.com/sports/college/knights/os-ere… Florida Supreme Court to rule on Plancher, UCF Athletic Association appeal  The family of former UCF football player Ereck Plancher may still be able to collect millions in damages directly from the school’s athletic department. The Florida Supreme Court agreed Wednesday to consider arguments in the ongoing litigation between the Plancher family and the UCF Athletics Association. The court’s Continue Reading...

Injured employees cheated by workers’ comp law, Miami-Dade judge says

http://www.miamiherald.com/2014/08/13/4288124/injured-employ… Injured employees cheated by workers’ comp law, Miami-Dade judge says  A Miami judge declared Florida’s long-controversial workers’ compensation law unconstitutional Wednesday, saying successive state legislatures had so diminished medical care and wage-loss benefits for injured workers that the statute now violates employees’ “fundamental” rights. In a case involving a Miami-Dade County government office worker, Circuit Judge Jorge E. Cueto Continue Reading...

Bergmann v. FDOT – Operation-Level Negligence Trumps Sovereign Immunity

http://www.injury-lawyer-florida.com/2014/08/bergmann_v_fdot… Bergmann v. FDOT – Operation-Level Negligence Trumps Sovereign Immunity  Generally speaking, the government and its employees are shielded from lawsuits asserting negligence resulting in injury based on the legal principle of sovereign immunity. Government entities entitled to this protection encompass a wide range of fields, from police departments to hospitals to school districts to transportation departments.  Clearing these hurdles Continue Reading...

Justin Bieber settles another case, faces more anger management classes

http://www.abajournal.com/news/article/justin_bieber_settles… Justin Bieber settles another case, faces more anger management classes Teen pop singer Justin Beiber has settles another case, agreeing to pay $50,000, take 12 hours of private anger management instruction and watch videos about the danger of driving under the influence. His co-defendant in a South Florida case that reportedly involved a luxury-car drag race, R&B singer Khalil Continue Reading...

Palm Beach Store Owner Jailed for Improperly Selling Contact Lenses

http://www.florida-criminal-lawyer-blog.com/2014/04/store_ow… Palm Beach Store Owner Jailed for Improperly Selling Contact Lenses Yes, you read that correctly. According to the Sun Sentinel, a 27-year-old South Florida shop owner was arrested and jailed on Monday for allegedly selling contact lenses to people who did not have prescriptions. Although the man suspected of illegally selling contact lenses was released on $3,000 bond, he still faces Continue Reading...

Federal judge nixes $325M settlement by Apple, Google, others in claimed salary-cap conspiracy

http://www.abajournal.com/news/article/federal_judge_nixes_3… Federal judge nixes $325M settlement by Apple, Google, others in claimed salary-cap conspiracy A federal judge in San Jose, California, has nixed a proposed $325 million class action settlement over a claimed no-poaching agreement between major Silicon Valley companies that allegedly helped keep a lid on salaries for tech workers. Although U.S. District Judge Lucy Koh found “ample evidence” Continue Reading...

Perils Of Conflicting Arbitration Clauses

http://www.mondaq.com/unitedstates/x/304776/Contract Law/Rec… Perils Of Conflicting Arbitration Clauses A recent Florida Supreme Court decision may provide ammunition to non-English speaking consumers seeking to preclude the enforcement of arbitration clauses contained in consumer contracts written in English. In Roberto Basulto, et al. v. Hialeah Automotive, etc., et al., No. SC09-2358, 2014 WL 1057334 (March 20, 2014) a 5-2 majority of the Florida Supreme Continue Reading...
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