Other Jurisdiction

Another Twist In Florida’s New Summary Judgement Law

Florida’s Supreme Court recently adopted the federal summary judgment standard. Since then, lawyers and the trial and appellate courts have grappled with the twists and turns every major rule change presents. Prior to adoption of the new rule, summary judgment orders were reviewed de novo, and the trial court’s reasoning was irrelevant on appellate review. Recently, Florida’s Fourth District...Read More

Raise It or Waive It

Effective immediately, “the following sentence is added to rules 1.530(a) and 12.530(a): To preserve for appeal a challenge to the sufficiency of a trial court’s findings in the final judgment, a party must raise that issue in a motion for rehearing under this rule.” In Re: Amendments to Florida Rule of Civil Procedure 1.530 and Florida Family Law Rule of Procedure 12.530, 47 Fla. L. Weekly S...Read More

The Court May View, But Not Weigh, the Evidence on Summary Judgment

In Garcia v. Security First Ins. Co., 5D21-1456, 2022 Fla. App. LEXIS 6197, 2022 WL 4111171 (Fla. 5th DCA September 9, 2022) the insured homeowner made a claim for water damage after a roof leak claim. At deposition, the insured admitted to a prior roof leak and later produced pictures and a damage report. The insurer moved for summary judgment arguing that the insured’s concealment of the...Read More

Ninth Circuit Upholds An Alternative Standard For Accrual Of Copyright Infringement Claims

Section 507(b) of the U.S. Copyright Act provides that a copyright infringement claim isn’t timely filed unless it is commenced within three years after the claim accrued. In the recent decision Starz Entertainment LLC v. MGM Domestic Television Distribution LLC, the U.S. Court of Appeals for the Ninth Circuit addressed when a claim generally “accrues,” and defined an alternative “accrual”...Read More

Timing is Everything – Late Notice and the Presumption of Prejudice in Florida

In Perez v. Citizens Property Insurance, 2022 Fla. App. LEXIS 4583, 2022 WL 2444681, 47 Fla. L. Weekly D 1451 (Fla. 3d DCA July 6, 2022) Florida’s Third District Court of Appeal reaffirmed that late notice of a claim is presumptively prejudicial to the insurer and absent evidence refuting that presumption, summary judgment for the carrier is proper. In September of 2017, Miami, Florida was...Read More

Seventh Circuit Affirms Summary Judgment For Employer And Benefit Plan Under ERISA

In Canter v. AT&T Umbrella Benefit Plan, plaintiff, a premises technician, applied for and received short-term disability benefits under his employer’s umbrella benefit plan. He provided the plan administrator the requisite “objective medical evidence” in support of his disability claim after he experienced migraines and dizziness, making him unable to claim tall ladders.  The plan...Read More

Clash Of The Titans: Legal Fight Brewing Over Elon Musk’s Decision To Terminate The Twitter Purchase Agreement

A high-profile legal fight has begun over the recent decision by Elon Musk to back out of purchasing Twitter. On July 8, 2022, Musk advised Twitter of his plans to terminate their purchase agreement, claiming that Twitter was in “breach of multiple provisions” of the original $44 billion agreement. Musk claimed that Twitter failed to provide adequate data regarding the number of fake accounts...Read More

Insurance Inspections May Be Seen and Heard in Florida

When Ryan and Andrea Gesten’s home suffered a plumbing leak, made a claim with their carrier American Strategic Insurance Company and hired a public adjuster. The public adjuster put ASI on notice he would video and audio record the inspection. ASI appeared as scheduled, objected to the audio recording and, after the insured insisted, the inspection was not completed. ASI brought a declaratory...Read More

Missouri Court Affirms Arbitration Award For Damages For STI Contracted In Vehicle

In M.O. v. Geico General Insurance Company and Government Employees Insurance Company, a Missouri appellate court affirmed the confirmation of a large arbitration award stemming from a claim by a plaintiff that she sustained damages when she contracted HPV while having unprotected sex with her partner in his vehicle. Plaintiff submitted a settlement offer to her partner’s automobile insurer...Read More

Johnny Depp Takes The Stand In A $50 Million Defamation Lawsuit

Pirates of the Caribbean star Johnny Depp recently took the stand in a Virginia court in a defamation case against his ex-wife, Amber Heard. Depp is suing Heard for $50 Million dollars over a 2018 Op-Ed she wrote for the Washington Post, where she described herself as a “public figure representing domestic abuse.” What is particularly interesting about this suit is that the Op-Ed never...Read More