by Dan Bushell | Mar 13, 2014 | Tort/Injury Litigation
Florida’s Third District Court of Appeal (in Miami) recently reaffirmed that making a mistake in one’s bankruptcy filings is not necessarily fatal. The decision reversing summary judgment in Montes v. Mastec North America, Inc., No. 3D12-2622, was released...
by Dan Bushell | Nov 21, 2013 | Constitutional Litigation, Florida District Courts of Appeal, Insurance Coverage, Tort/Injury Litigation
Florida’s acupuncture physicians and massage therapists recently learned that they are (again) ineligible to be paid PIP benefits for treating automobile accident victims. Chiropractors learned that PIP coverage of their services has (again) been curtailed as...
by Dan Bushell | Aug 1, 2013 | Florida District Courts of Appeal, Florida Supreme Court, General Civil Litigation, Insurance Coverage, Products Liability, Tort/Injury Litigation
People make mistakes. Even lawyers. Even judges. We are all human after all, and to be human is to be fallible. In the pressure-packed environment of a trial or hearing, the probability that a mistake will be made is even greater. Part of the job of an appellate...
by Dan Bushell | Apr 16, 2013 | Constitutional Litigation, Courts, Criminal Law, Family Litigation, Florida District Courts of Appeal, Florida Supreme Court, General Civil Litigation, Insurance Coverage, Probate Litigation, Products Liability, Real Estate & Foreclosure Litigation, Tort/Injury Litigation
In the past few years, the strangest things have started appearing in appellate decisions: images. That has been seen as so revolutionary that it has been widely covered in the legal press, with 7th Circuit opinions authored by Judge Richard Posner (as is often the...
by Dan Bushell | May 1, 2012 | Florida Supreme Court, General Civil Litigation, Tort/Injury Litigation
As I mentioned in my last post, the Florida Supreme Court’s decision to approve the Florida Senate’s amended redistricting plan wasn’t the only late April 2012 decision to bring a measure of closure to unsettled legal issues. The stars seem to have...
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...
