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Cole, Scott & Kissane, P.A.
Cole, Scott & Kissane, P.A.
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Orlando FL

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Are Consulting Physicians Required to Intervene?

Post on Aug. 16, 2016

In Florida medical malpractice lawsuits, plaintiffs’ attorneys often sue not only the providers involved in the direct care of the patient, but also providers who were remotely in contact with the patient’s care.......

Repeal of the McCarran Act Would Roil the Insurance Industry

Post on Aug. 16, 2016

The business of insurance is insulated from the full weight of antitrust law under the McCarran-Ferguson Act (the “McCarran Act”).1 This statutory protection, however, may soon disappear. Multiple bills......

The 20% Rule: An Emerging Theory of Liability Under the FLSA

Post on Aug. 16, 2016

Employers are no doubt familiar with the Fair Labor Standards Act (“FLSA”), but may not be aware of an emerging theory of liability under the FLSA that affects employers with tipped employees.1 This new cause of......

FINRA Arbitration and Emerging Trends

Post on Mar. 30, 2016

FINRA arbitration, the mandatory dispute resolution forum for brokerage firms, is experiencing an all-time low in new case filings. Positive market conditions have influenced the number of new customer claims filed......

Defending the Insured Under a Reservation of Rights

Post on Feb. 17, 2016

Insurers providing coverage under a standard CG 00 01 insuring agreement obligate themselves to “pay those sums that the insured becomes obligated to pay as damages because of ‘bodily injury’ or ‘property......

Proposals for Settlement and the New Breed of Strict Construction

Post on Feb. 17, 2016

Proposals for settlement have become common-place in litigation as a strategic means to engage settlement, and as a feeshifting mechanism in the event settlement reaches impasse. Florida Rule of Civil Procedure 1.442......

The Legal Implications of Cell Phone Use While Driving

Post on Feb. 17, 2016

As the prevalence of sending emails, texting, posting on social networks, and making calls from smartphones while driving has increased, the legal implications for doing so has increased as well. One government study......

Landmark EUO Decision

Post on Jan. 12, 2016

Cole, Scott & Kissane, P.A. wishes you a Happy and Healthy Holiday Season! It would, however, seem as though the Holidays have arrived just a bit early for the defense bar, ushered in by the first-ever, comprehensive......

A Daubert Discussion: Closing the Gate to Unreliable Expert Testimony

Post on Aug. 20, 2014

A “battle of the experts” is often the reality in civil litigation. A case may be won or lost based on expert testimony and this is equally true in the context of federal practice. As a result, keeping a......

The Limitation of Liability Act: A Vessel Owner’s First Line of Defense After a Maritime Accident Occurs

Post on Aug. 20, 2014

Maritime law, also referred to as admiralty law, is the body of law that governs navigation and shipping. It is a unique area of law that differs from common law and is applied uniformly throughout the country. Maritime......

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