Legal Articles: Rumberger, Kirk & Caldwell Professional Association

 







Document(s) published by this organization: 10


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HTMLThird DCA: Applying Daubert Under Florida Law in Perez v. Bell South Telecommunications, Inc.
Armando G. Hernandez; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
June 3, 2014, previously published on May 15, 2014
The Third District Court of Appeal of Florida recently issued an opinion in Perez v. Bell So. Telecomm., No. 3D11-445, 2014 WL 1613654 (Fla. 3d DCA Apr. 23, 2014),which represents the Third District’s first pronouncement applying Daubert under Florida law since the legislative amendment took...

 

HTMLContrACTUAL Liability: Challenges and Considerations an Indemnitee May Face by Failing to Allow an Indemnitor to Participate in Settlement
Dara Jebrock; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
June 2, 2014, previously published on May 28, 2014
Construction defect litigation often involves a number of parties and cross and third-party claims, stemming from a host of claimed construction, design and development defects at any given site. A number of factors are considered by a party when determining whether to settle a claim in a...

 

HTMLFlorida Supreme Court Overturns 3d DCA: Discrimination on Basis of Pregnancy Prohibited Under Florida Law
Robert "Bobby" E. Long; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
April 28, 2014, previously published on April 17, 2014
On April 17, 2014, the Florida Supreme Court overturned a decision by Florida's Third District Court of Appeals and held that discrimination on the basis of pregnancy is prohibited under Florida law.

 

HTMLSupreme Court Resolves Conflict Regarding the Testing of Individually Packaged Controlled Substances in Drug Trafficking Cases
J. David Marsey; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
November 13, 2013, previously published on November 8, 2013
In October 2013, the Florida Supreme Court resolved a conflict between Florida appellate courts regarding how controlled substances must be chemically tested and under what circumstances the substances may be packaged together. Prior to this ruling, law enforcement agencies and courts in North...

 

HTMLWhen The Playground Bully Becomes an Adult Workplace Bully
Linda Bond Edwards, Brent D. Hartman; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
November 13, 2013, previously published on November 7, 2013
The recent high-profile example of bullying in the workplace comes from the National Football League and the Miami Dolphins. Reports recently surfaced that Richie Incognito harassed and bullied his teammate, Jonathan Martin, a fellow offensive lineman. The alleged bullying included voicemails and...

 

HTMLFirst DCA Holds Father's Selection of Non-Stacking UM Coverage Was Not Binding On Daughter
Candy L. Messersmith, David B. Shelton; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
October 14, 2013, previously published on October 9, 2013
In Horace Mann Ins. Co. v. Allison Chase, et. al, . Case No. 1D12-32132; 2013 WL 5354426 (Fla. 1st DCA September 26, 2013), the First District Court of Appeal held that a father’s selection of non-stacking UM coverage was not binding on his daughter. The daughter had taken over the policy...

 

HTMLThe Fifth District Court of Appeal Addresses Number of Occurrences in Dog Bite Case
Candy L. Messersmith, David B. Shelton; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
October 14, 2013, previously published on October 9, 2013
In Maddox v. Florida Farm Bureau General, the Fifth District addressed how many “occurrences” there were under an insured’s homeowner’s policy where the insured’s dog bit his girlfriend’s minor child in the face, and then bit the girlfriend after releasing the...

 

HTMLProtecting Licensees against Claims of Negligent Security
Laura A. Stuzin, Stephen K. Talpins; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
August 2, 2013, previously published on August 1, 2013
One party generally is not responsible for the intentional torts or criminal acts of another. However, the rule is not absolute. Proprietors must maintain their premises in a reasonably safe condition and make “every reasonable effort” to maintain order among those who patronize their...

 

HTMLRights, Liabilities and Defenses for Claims Arising Out of International Aviation Disasters- A Primer on the Montreal Convention
Marty Fulgueira Elfenbein; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
August 1, 2013, previously published on July 30, 2013
In recent months, the media has reported numerous unfortunate instances in which the landing of major commercial aircraft have resulted in accidents and potential injuries to passengers on board the aircraft. For example, Asiana Airlines flight 214 was involved in a crash landing at San Francisco...

 

HTMLRecovery Actions - Maximizing Recovery Of Restitution In The Wake Of Insurance Fraud
Michael R. Holt; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
July 30, 2013, previously published on July 26, 2013
Insurance fraud negatively impacts everyone. It drives up the costs of doing business, along with everyone’s premiums. In fact, according to the National Insurance Crime Bureau, insurance companies saw a 102% increase in this type of fraud from 2008 to 2011.