Legal Articles: Rumberger, Kirk & Caldwell Professional Association

 







Document(s) published by this organization: 20


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HTMLSovereign Citizens - The Battleground
Robert H. Adams, Kevin R. Gowen; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
May 7, 2015, previously published on April 23, 2015
The so-called sovereign citizen movement is a loose confederation of individuals with a collective belief that government, at essentially all levels, is involved in a conspiracy to deprive them of property and essential rights. There is no formal organizational structure for this movement. Rather,...

 

HTMLDismissal Pursuant to Rule 1.420(b) For Failure To Timely Amend Carries Consequence Of Dismissal With Prejudice
Suzanne Barto Hill; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
May 7, 2015, previously published on April 22, 2015
In a recent decision, the 4th DCA reversed final judgment of foreclosure under doctrine of res judicata in Schindler v. The Bank of New York Mellon Trust Co. Here, the bank filed a foreclosure (first foreclosure). The borrower moved to dismiss. The court dismissed the complaint due to the failure...

 

HTMLFlorida's Fourth District Court of Appeal Holds That There is Minimal Privacy Interest in Social Media Accounts
Victoria San Pedro; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
April 7, 2015, previously published on March 9, 2015
On January 7, 2015, Florida’s Fourth District Court of Appeal held that plaintiff in a personal injury suit has a limited privacy interest in his or her social networking site. See Nucci v. Target, &under;&under;&under; So. 3d &under;&under;&under;, 2015 WL 71726 (Fla. 4th DCA Jan. 7, 2015)....

 

HTMLIn Coverage Case, Florida Court Expansively Construes Costs To Include Attorney's Fees
David B. Shelton; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
March 4, 2015, previously published on February 05, 2015
In GEICO General Ins. Co. v. Hollingsworth, 2015 WL 376406 (Fla. 5th DCA January 30, 2015), the Fifth District Court of Appeal considered whether GEICO’s automobile insurance policy provided additional coverage for attorney’s fees awarded against the insured pursuant to section 768.79,...

 

HTMLCourt Holds That Change of Policyholder Requires New Offer of UM Coverage
David B. Shelton; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
March 4, 2015, previously published on February 20, 2015
In Chase v. Horace Mann Ins. Co., 2015 WL 686093 (Fla. February 19, 2015), the Florida Supreme Court addressed the amount of uninsured motorist (UM) coverage available under the auto insurance policy. The policy was initially issued in 2001 to Richard Chase as the sole named insured. At that time,...

 

HTMLBiomechanical Experts May Testify as to Causation of an Injury
Brent D. Hartman; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
February 6, 2015, previously published on November 25, 2014
In civil injury litigation, and products liability in particular, expert testimony regarding the mechanism of injury can be critical to the prosecution or defense of a claim. There has been some debate among practitioners and the courts regarding whether a biomechanical expert must also be a...

 

Adobe PDFHow The Misuse Of DAVID Can Bankrupt An Officer’s Career
Leonard J. Dietzen, Michael L. Forte; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
February 6, 2015, previously published on December 2014
The Driver and Vehicle Information Database (DAVID) contains information on driver’s licenses, registered motor vehicles and traffic crashes.

 

HTMLFlorida's Fourth DCA Upholds Sworn Proof of Loss Requirement
Brett M. Carey, Darryl L. Gavin; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
February 6, 2015, previously published on November 5, 2014
Insurance companies in Florida receive thousands of property damage claims each year. To expedite the claims process and efficiently adjust the loss, property insurance policies require insureds to comply with specific post-loss obligations. One such obligation is the requirement that an insured...

 

Adobe PDFFirst DCA Reinforces Plaintiff’s Burden in Constructive Knowledge Cases Involving Transitory Foreign Substances
J. David Marsey; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
February 6, 2015, previously published on October 2014
In August 2014, the First District Court of Appeal interpreted a recently enacted statute that requires plaintiffs to prove actual or constructive knowledge of the presence of a transitory foreign substance before being held liable for plaintiff’s injuries sustained in a fall. In affirming...

 

HTML10 Lessons Employers Can Learn from FLSA Lawsuits
Linda Bond Edwards, Brian Hayden; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
February 2, 2015, previously published on January 8, 2015
The volume of collective actions brought under the Fair Labor Standards Act (“FLSA”) against large and small companies has reached a dizzying level, up more than 400% in 20 years, and up 5% since April 2014. Plaintiffs’ lawyers may have cut their teeth on smaller companies, but...

 


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