by Dan Bushell | Aug 16, 2011 | Constitutional Litigation, Eleventh Circuit Court of Appeals
If you read through all 207 pages of 11th Circuit Judge Hull and Judge Dubina’s co-authored majority opinion in Florida v. U.S. Department of Health and Human Services, you’ll notice that although the state Attorneys General succeeded in having the Health...
by Dan Bushell | Aug 8, 2011 | Florida District Courts of Appeal, Florida Supreme Court, Tort/Injury Litigation
Arbitration is thought to be a way to resolve disputes more quickly and without the burdens of litigation and appeals in court proceedings. More than 10 years ago, assisted living facilities and nursing homes in Florida began including arbitration agreements among the...
by Dan Bushell | Aug 2, 2011 | Florida District Courts of Appeal, Florida Supreme Court, General Civil Litigation
Losing at trial hurts. Getting hit with the bill for your adversary’s attorney’s fees makes it hurt ever-so-much more. That’s why fee-shifting under Florida Statutes Section 768.79 — available to parties that make a proposal for settlement...
by Dan Bushell | Jul 25, 2011 | Florida District Courts of Appeal, Insurance Coverage, Tort/Injury Litigation
It’s hard to confuse the First District Court of Appeal of Florida (in Tallahassee) with its namesake in California. It’s even harder to confuse with that court’s San Francisco neighbor, the U.S. Court of Appeals for the Ninth Circuit. The 9th...
by Dan Bushell | Jul 12, 2011 | Florida Supreme Court, Products Liability, Tort/Injury Litigation
Long before foreclosure lawsuits flooded Florida court dockets, chief judges here and throughout the country were fretting over how to deal with the even more daunting “asbestos-litigation crisis” [Amchem Products, Inc. v. Windsor, 521 U.S. 591, 597...
