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E-Alert Announcement

Posted in Newsletters - 2013 on December 18, 2013

Dale L. Friedman recently obtained summary judgment in an invasion of privacy case and then, was awarded attorneys fees and costs against the Plaintiff and her attorney. This case began in 2009 and early 2010, when Faddis was Deputy City manager for the City of Homestead (City). The City Manager was Mike Shehadeh (Shehadeh) and an investigation was commenced against him for possible misconduct in late 2009. Patrick Franklin (Franklin) was hired by the City to conduct the investigation. During the investigation, text messages sent by Shehadeh to Faddis were uncovered, which related to Shehadeh’s feelings towards Faddis.

 

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Case Law E-Alert

Posted in Newsletters - 2013 on October 31, 2013

We are pleased to advise that Diane Tutt, Board Certified Appellate Lawyer in the firm’s Appellate Department, has obtained a reversal on behalf of Nationwide Mutual Fire Ins. Co. in this case. The case originated with a claim brought against a Nationwide insured, Advanced Cooling and Heating, Inc. One of its customers claimed that Advanced did not perform its air conditioning repair and replacement in a proper fashion. Although Nationwide’s policy covered “property damage,” a defense was denied because of case law which has defined “property damage” as damage to property other than the work or components supplied by the insured. Nationwide’s policy also had several applicable exclusions in it.

 

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Case Law E-Alert

Posted in Newsletters - 2013 on October 24, 2013

In McCarty v. Myers, the Court reversed the trial court’s order granting injunctive relief, concluding that a group of chiropractors, massage therapists and acupuncturists including a fictional “Jane Doe” purporting to represent all injured Florida citizens, lacked standing to bring an access-to-courts challenge when they challenged the implementation of HB 119 (capping PIP benefits at $2,500.00 for non-emergency care; excluding licensed massage therapist and acupuncturists from being reimbursed medical benefits; and, requiring patients to seek care within 14 days of an accident).

 

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WC Case Law E-Alert

Posted in Newsletters - 2013 on September 24, 2013

The First DCA, in an en banc ruling, has receded from their February 28, 2013 opinion holding the 104 week limit on temporary total disability benefits unconstitutional. Now, however, the First DCA has reinterpreted the statute to allow an injured worker to seek PTD benefits at the expiration of 104 weeks based on the injured worker's disability status as of that date, deeming the injured worker by operation of law to have reached MMI at the conclusion of 104 weeks. This recedes from their recent ruling in Matrix Employee Leasing, Inc. v. Hadley, 78 So. 3d 621 (Fla. 1st DCA 2011) that up-held their decision of 15 years ago in City of Pensacola Firefighters v. Oswald, 710 So. 2d 95 (Fla. 1st DCA 1998). Under the Oswald-Hadley line of cases, an injured worker was entitled to seek PTD benefits even though not at MMI if the injured worker was at or approaching the 104 week cap on temporary indemnity benefits. But the injured worker had to prove total disability would exist at actual MMI.

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Trial Victory E-Alert

Posted in Newsletters - 2013 on September 19, 2013

Joshua Canton, associate in our Tallahassee office, won a defense verdict in an automobile negligence case on 9/16/13. The Plaintiff claimed that the Defendant negligently operated her vehicle on 12/16/05, thereby causing the Defendant's vehicle to enter the Plaintiff's lane of travel, resulting in a motor vehicle accident. The Defendant claimed the Plaintiff negligently operated her vehicle thereby causing the motor vehicle accident. There were no witnesses to the accident other than the parties.

 

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