by Dan Bushell | Sep 7, 2011 | Constitutional Litigation, Florida District Courts of Appeal, Probate Litigation
So much for easing back to work after the long weekend. At least for judges in the First District and Fourth District Court of Appeal. As the Miami Herald reports, the 1st DCA is hearing consolidated oral argument this afternoon in Florida Gaming Centers,...
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 | Jun 5, 2011 | Florida District Courts of Appeal, Insurance Coverage
Building on its May 4, 2011 decision in MRI Associates of America, LLC v. State Farm Fire & Casualty Company, No. 4D10-2807, which I covered in this recent post, Florida’s Fourth District Court of Appeal issued a second major PIP decision on May 18, 2011, Kingsway...
by Dan Bushell | May 31, 2011 | Florida District Courts of Appeal, Insurance Coverage
The Florida Motor Vehicle No Fault Law has been described over and again by the Florida Supreme Court as designed to “provide swift and virtually automatic payment” for medical treatments to car accident victims “so that the injured insured may get...
