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Butler Weihmuller Katz Craig
Butler Weihmuller Katz Craig
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Miami FL

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Trying to Upend the Workers’ Compensation Act in Florida

Post on Feb. 09, 2015

A recent and unusual opinion out of the Circuit Court for Miami-Dade County may, at the minimum, be a harbinger for changes to come to Florida’s Workers’ Compensation Act. At the maximum, it could also provide the......

Illinois Greatly Expands Pregnancy Protections

Post on Dec. 17, 2014

On August 26, 2014, Illinois Governor Pat Quinn signed into law new amendments to the Illinois Human Rights Act, referred to as the Pregnancy Fairness Law, which goes into effect on January 1, 2015. “Pregnancy” is......

New Jersey Supreme Court Clarifies Narrow Scope of Adverse Inference Standard for Missing Expert Witness

Post on Dec. 17, 2014

Most defense attorneys have been faced with the situation where their expert’s opinion is not as strong as expected, or the circumstances of the case simply limit the amount of favorable “spin” an expert put on......

Pennsylvania Supreme Court Revises Strict Liability Law

Post on Dec. 17, 2014

On November 19, 2014 the Pennsylvania Supreme Court issued its long-awaited decision in Tincher v. Omega Flex, Inc., in which it was asked to decide whether Pennsylvania should replace the strict liability......

Florida Ruling Addresses Appraisal and "Bad Faith"

Post on Nov. 15, 2014

A Florida appellate court ruled an insured can sue its first-party property insurer for "bad faith" following an appraisal so long as certain conditions precedent have been......

Is Texas Following Florida’s Lead on Changing the Economic Loss Rule?

Post on Nov. 15, 2014

Practicing in both Florida and Texas I have seen the Economic Loss Rule evolve over the years, and its direct impact on the recovery potential for our subrogation claims appears to be moving in a positive direction.......

Threat of Future Harm as a result of a Cyber Breach May be Sufficient to Confer Standing

Post on Nov. 15, 2014

The U.S. District Court for the Northern District of California has ruled that the threat of future harm alleged in a class action complaint is sufficient "injury" to satisfy the "case or controversy" requirement of......

Appellate Court Affirms Strict E-Service Requirement to Perfect Right to F.S. § 57.105 Fee Award

Post on Jul. 15, 2014

Stacey Caplan filed a lawsuit against Michael Matte alleging interference with her business relations. Believing that the complaint filed against him was improper, Matte's legal counsel e-mailed a motion to Caplan......

Be Prepared: Common Cat Adjusting Issues in The Carolinas and Virginia

Post on Jul. 15, 2014

Tropical Storm Arthur is expected to impact the coast of the Carolinas and continue up the Eastern seaboard possibly as a Category É Hurricane. Given the storm’s projected path and size, insurers will receive a host......

Insurer Did Not Waive Proof of Loss as a Condition Precedent under Homeowners Policy

Post on Jun. 23, 2014

The Fourth District affirmed a summary judgment entered in favor of a homeowners insurer in a case involving an insured's first-party claim for damage to her condominium, its contents, and related expenses allegedly......

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