PALM BEACH
TREASURE COAST
SPACE COAST

  • New case on “notice” in slip and fall suits provides help to governmental agencies
  • Chioma Deere co-presented a Continuing Judicial Education (CJE) session to judges on Judicial Management of Electronic Discovery in Palm Beach County.
  • Phil Wiseberg obtains a dismissal with prejudice on the eve of trial in property insurance case.
  • In Bryant v. Mezo, Carri Leininger obtained favorable opinion from the Fourth DCA recognizing the Plaintiff’s failure to disclose prior medical treatment was fraud and justified dismissal of the Plaintiff’s lawsuit.
  • Jim Williams intervened in complex construction/banking litigation on behalf of a local county obtaining a stay and potentially saving the county from a judgment that would have deprived the county of over a million dollars in collateral.
  • Chioma Deere co-presented a Continuing Judicial Education (CJE) session on Judicial Management of Electronic Discovery at the 19th Judicial Circuit to judges from St. Lucie, Martin, and Okeechobee counties.
  • Lee Baggett and Jeff Cosby spoke at the Orlando Claims Conference on Exposing Financial Bias of Treating Doctors.
  • Carri Leininger obtains summary judgment for CGL carrier in coverage dispute arising out of a multi-million dollar construction defect case.
  • Jessica Gregory obtains summary judgment for Property Owners Association in ADA/FHA case.
  • Phil Wiseberg and Jim Williams obtain a defense verdict in an automobile negligence suit
  • Phil Wiseberg achieved dismissal of a federal copyright infringement lawsuit on behalf of a local university…
  • Carri Leininger wins appellate victory in controversial juror texting case, Murphy v. Roth
  • Jim Williams succeeds with Palm Beach County jury returning defense verdict for half clients’ pre-trial offer

Blogs

U.S. Southern District Amends Local Rules regarding E-Discovery

The U.S. Southern District of Florida has made amendments to its local rules, effective December 1, 2017. One of these amendments includes changes to Rule 16.1(b)(2)(k) regarding what the parties must include in their pretrial scheduling reports when it comes to electronic discovery. Pursuant to the amended local rules, during the parties Rule 26(f) conference, they must now discuss, and include in their report, any issues about:
(i) disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced;

Using an Auto-pay System Does Not Waive and Insurer’s Right to Reasonableness Defenses

With Robert Gregory

In State Farm Mutual Automobile Ins. Co. v. All Family Clinic of Daytona Beach, Inc., the circuit court in Volusia County ruled that an insurance carrier does not waive defenses related to reasonableness of charges by utilizing an auto-pay process when issuing payment.

Failure to Defend Absent Insured Negates Coverage Defense of Failure to Cooperate, Mora v. Lancet.

In Mora v. Lancet, PX-16-960, 2017 WL 4618461 (D. Md., October 16, 2017), a federal court determined that an insurance company failed to prove that it was prejudiced by a doctor’s failure to cooperate in the defense of a medical malpractice. The Plaintiff in the underlying action filed a wrongful death claim against a doctor. The doctor moved back to Pakistan and failed to cooperate with his insurer. The insurer did not provide a defense and a default was entered. After the default, the insurer intervened for limited purpose of defending the damage portion of the case.

Inappropriate Statements at Trial found to be grounds for Mistrial

Las Olas Holding Co. d/b/a Riverside Hotel v. Demella, No. 4D16-231, 2017 WL 3085329, at *2 (Fla. Dist. Ct. App. July 19, 2017)

During opening and closing arguments in a wrongful death action, Plaintiff’s counsel made various inappropriate statements.

The law is clear, “[g]enerally, a mistrial or new trial should be granted only when counsel’s arguments are so inflammatory and prejudicial that they deny the opposing party a fair trial.” Bakery Assocs, Ltd. v. Rigaud, 906 So.2d 366, 367 (Fla. 3d DCA 2005) (quoting Maksad v. Kaskel, 832 So.2d 788, 793 (Fla. 4th DCA 2002)

NY Ruling Limits Additional Insured Coverage Under General Liability Policies

NY Ruling Limits Additional Insured Coverage Under General Liability Policies
(Burlington Ins. Co. v. NYC Transit Auth., No. 57, 2017 WL 2427300 (N.Y. June 6, 2017))

On June 6, 2017, New York’s highest court ruled that a general liability policy Additional Insured (“AI”) endorsement, which contains language restricting liability for any bodily injury “caused, in whole or in part,” by the “acts or omissions” of the named insured, will only extends coverage to the AI when the damages are proximately caused by the named insured’s negligence.

Attorney Chris Waggener provides legal advice to homeless at Orlando outreach event

On April 9, attorney Chris Waggener volunteered at "He Got Up," an outreach event for the homeless at Camping World Stadium, also known as the Citrus Bowl. The event, hosted by the Orlando Serve Foundation, featured a resource fair identifying services, training, employment and job readiness for self-sustainably.

Local government leaders, agencies, business, non-profits and other local organizations provided aide and other resources to those attending. Volunteers provided a variety of services, from haircuts, to mammograms, free lunch, legal services and more.

Attorney Chioma Deere presents CLE on technology in law and cyber security

On January 20, Chioma Deere presented for the F. Malcom Cunningham, Sr. Bar Association on the topic of Legal Services in the Technology to a full house of 32 attorneys. The Continuing Legal Education course included how to handle electronic discovery, the efficient and effective use of technology in the practice of law, and cyber security topics.

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