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Post on Aug. 20, 2014
The rigors and pace of federal litigation can drive-up the costs of defense. A prudent litigator should seek ways to recover fees and costs, where possible, for the benefit of his or her client. One means of recovering......
Post on Aug. 19, 2014
Often times, a defendant is sued in state court and presented with the option to remove the matter to federal court. Differences between federal and state procedural rules, as well as judicial efficiency factors that......
Post on Feb. 12, 2014
The ever-changing world of PIP is unpredictable. Frequent legislative changes, coupled with an oftentimes inconsistent and limited body of case law, constantly changes the way insurers defend PIP claims. In an arena......
Post on Feb. 12, 2014
Legal malpractice lawsuits often focus on the plaintiffs second-guessing the strategic and tactical decisions made by their own counsel in a prior proceeding and claims of damages when such decisions do not result in......
Post on Nov. 07, 2013
The Florida Supreme Court recently issued an opinion in the Maronda Homes case and broadened the common law implied warranty of fitness and merchantability, also known as an implied warranty of habitability. Maronda......
Post on Jul. 24, 2013
A homeowners’ association may adopt written standards to control the external aesthetics of the property within its purview. To be enforceable, the architectural controls must be set forth in the declaration or other......
Post on Jul. 24, 2013
Community associations, through the board of directors, have a great deal of control over the provision of housing in their communities and the conditions and privileges associated therewith. Whether they are aware of......
Post on Feb. 21, 2013
With the advent of the mediation process (which is mandatory in any civil action in Florida), over 95% of all lawsuits now settle before trial. From the moment a complaint is served, each party seeks to identify,......
Post on Feb. 21, 2013
Between 2000 and 2006, an estimated 1.7 million people annually reported sustaining a traumatic brain injury (“TBI”), of which 52,000 people died, 275,000 were hospitalized and the remaining 1,373,000 were treated......
Post on Feb. 13, 2013
Electronic discovery, more commonly known as “e-discovery,” refers to the use and preservation of information that is created or maintained in electronic media. This type of data, referred to as electronically......
