Archive by Month: January 2011

Quarterly Newsletter

Posted in on January 1, 2011

Although it is difficult to obtain a new trial solely on the grounds of improper closing argument, where attorneys repeatedly engage in such argument in an effort to appeal to the jury’s sympathy, if that argument has no foundation in the facts, a new trial is warranted. In Fasani v. Kowalski, 35 Fla. L. Weekly D1924 (Fla. 3rd DCA, August 25, 2010), the appellate court reversed a judgment in the plaintiff’s favor, in a case where the defendants admitted liability.

 

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HEART AND LUNG BILL: AMENDMENTS TO SECTION 112.18, FLORIDA STATUTES

Posted in on January 1, 2011

A claimant’s claim for heart disease, hypertension or tuberculosis under section 112.18, Florida Statutes, also known as the “Heart and Lung Presumption”, is a claim for an occupational disease under workers’ compensation law pursuant to Sledge v. City of Ft. Lauderdale, 497 So.2d 1231 (Fla. 1st DCA 1986).

 

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