Legal Articles: Rumberger, Kirk & Caldwell Professional Association

 







Document(s) published by this organization: 11


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HTMLDepartment of Labor Changes of Great Concern to Employers
Chase Hattaway; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
June 8, 2016, previously published on May 23, 2016
On May 17, 2016, the United States Department of Labor announced that it was finalizing changes that will make significantly more salaried employees eligible for overtime pay. Specifically, the new rules will double the salary threshold under which most salaried workers are guaranteed overtime pay....

 

Adobe PDFParsing 'True Relief' In Florida's 4th District
Cristina P. Cambo; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
June 6, 2016, previously published on May 2016
It is well settled in Florida that offers of judgment under Fla. Stat. § 768.79(1) apply only to “civil action[s] for damages.” Accordingly, an offer of judgment that seeks to resolve all claims when a suit involves both monetary and non-monetary causes of action is generally...

 

HTMLAttorney's Fees Under Florida's Public Records Act: Taking Intent Out of the Equation
Leonard J. Dietzen, Lindy K. Keown; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
May 10, 2016, previously published on April 25, 2016
In a move towards strict liability, a recent Florida Supreme Court holding allows no room for public agency error under Florida’s Public Records Act (“Act”). On April 14, 2016, the Supreme Court of Florida issued on opinion in Board of Trustees, Jacksonville Police & Fire...

 

HTMLEleventh Circuit's Opinion Increases the Burden on Those Seeking Class Certification
Lacee E. Monk; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
May 10, 2016, previously published on April 25, 2016
The Eleventh Circuit Court of Appeals recent opinion in Brown v. Electrolux Home Products, 2016 WL 1085517 (11th Cir. Mar. 21, 2016), just elevated the bar for parties seeking class action certification in the Eleventh Circuit. In Brown, the Court reversed a district court’s order granting...

 

Adobe PDFFourth Circuit Court of Appeals Holds that the Use of a Taser Against an Emotionally Disturbed, Passively Resisting Subject is Unconstitutional
J. David Marsey; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
January 25, 2016, previously published on January 2016
The Fourth Circuit Court of Appeals recently held1that an officer’s use of the drive-stun Taser technique on an emotionally disturbed, passively resisting subject of a civil commitment order was unconstitutional. Although finding the use of force unconstitutional, the Court affirmed summary...

 

Adobe PDFUnited States Supreme Court Holds that Qualified Immunity Bars Fourth Amendment Claim in Deadly Police Pursuit Case
J. David Marsey; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
December 10, 2015, previously published on November 2015
The United States Supreme Court recently held1 that an officer’s use of deadly force by shooting the driver of a vehicle during a high-speed pursuit did not violate a clearly established Fourth Amendment right, and therefore, the officer was entitled to qualified immunity. In finding the...

 

HTMLHomeowners Insurance Assignments of Benefits May Have Finally Met Their Match
Cristina P. Cambo; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
November 6, 2015, previously published on October 26, 2015
Few issues have been so hotly disputed in recent years as the issue of what constitutes a proper “assignment” of homeowners insurance benefits. Historically, the rule of assignment creation in Florida is that any instruction, document, or act that vests in one party the right to receive...

 

Adobe PDFFlorida Supreme Court Denies School District Immunity Under the Cardiac Arrest Survival Act for Failure to Use or Attempt to Use an Available Automatic Defibrillato
J. David Marsey; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
October 26, 2015, previously published on September 2015
The Florida Supreme Court recently held that the Lee County School Board was not immune from civil liability under the Cardiac Arrest Survival Act1 when it failed to deploy an available automated external defibrillator (“AED”) to assist a fifteen year old student athlete that collapsed...

 

Adobe PDFSurveillance of the Incident: What Time Is the Right Time for Production?
Michael L. Forte, Joseph A. Regalado; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
Since the Florida Supreme Court decided Dodson v. Persell in 1980, the law has been well-settled that surveillance videos and photographs are discoverable in a personal injury to the extent those items will be used at trial.1 However, where surveillance exists of the incident at issue in the...

 

HTMLThe FTC's 1980 Definition of Unfair Trade Practice Applies of FDUTPA Actions
Samantha Crawford Duke; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
June 30, 2015, previously published on June 24, 2015
The Third District Court of Appeals recently held, on a matter of first impression, that the Federal Trade Commission’s (“FTC”) definition of “unfairness” contained in the 1980 Policy Statement on Unfairness applies to actions brought under the Florida Deceptive and...

 


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