Archive by Month: April 2021

The New Summary Judgment Rule

Posted in Legal Alerts, Newsletters - 2021 on April 29, 2021

On April 29, 2021, The Florida Supreme Court issued its long-awaited opinion on how the new summary judgment standard it promulgated on December 31, 2020 will be applied after its effective date of May 1, 2021. This standard is not “new” but rather it is patterned after the federal summary judgment standard. The Supreme Court has made it clear that, as a result, federal case law interpreting Federal Rule 56 will be persuasive in state courts. 

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Jayne Pittman to Present at Construction Law Institute

Posted in Announcements on April 29, 2021

Jayne Ann Skrzysowski-Pittman, Managing Partner of the Orlando office and Chair of the firm's Construction Practice Group, will be presenting “Construction Defect Damages and Developments,” at the Construction Law Institute an event sponsored by The Real Property, Probate and Trust Law Section of The Florida Bar on May 21, 2021.

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Third District Court of Appeal Issues Important Ruling on Determining the Proper Medicare Fee Schedule for Purpose of PIP Reimbursement

Posted in Legal Alerts, Newsletters - 2021 on April 28, 2021

On April 28, 2021, Florida’s Third District Court of Appeal issued its opinion in Priority Medical Center, LLC. a/a/o Susan Boggiardino v. Allstate No. 3D20-291. In Priority, the Court addressed whether the non-facility participating price or the non-facility limiting charge was the applicable fee schedule for Medicare Part B for 2007, for purposes for PIP reimbursement under the Schedule of Maximum Charges. The Court held the higher 2007 non-facility limiting charge was the proper reimbursement rate, affirming the lower court’s decision.

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Defense Verdict in a Premises Liability Case

Posted in Newsletters - 2020, Verdicts and Settlements on April 26, 2021

Cristobal Casal, and Yasmine Kirollos, partners in the firm’s Fort Myers office, obtained a defense verdict in a premises liability case tried over 2 days in Collier County, Florida. This was the first in-person civil jury trial in Naples since the pandemic resulted in the courthouse’s closure more than a year ago.   

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Trends in COVID-19 Florida Insurance Coverage Litigation

Posted in COVID-19, Legal Alerts on April 22, 2021

Historically, nationwide insurance coverage issues that significantly affect the economy do not get resolved quickly. For those who lived through the long-term and complex insurance coverage issues surrounding asbestos liability and environmental liability, it comes as no surprise that COVID-19 insurance coverage litigation is far from being over.

 

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