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Rumberger, Kirk & Caldwell Professional Association Document Search Results (13)

 

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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...

 

HTMLBusiness Entities Have Standing to Bring Claims Under the FDUTPA
Samantha Crawford Duke; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
June 30, 2015, previously published on June 24, 2015
The Fourth District Court of Appeals recently held that a business entity does not have to be a “consumer” in order to have standing to bring a claim under the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”). In Caribbean Cruise Line, Inc. v. Better Business...

 

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...

 

HTMLFlorida's Daubert Jurisprudence Gradually Continues to Evolve: First District Decision Emphasizes Timeliness of Daubert Motions & Other Nuances
Armando G. Hernandez; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
June 24, 2015, previously published on June 18, 2015
On May 29, 2015, Florida’s First District Court of Appeal issued a per curiam opinion thoroughly examining the seemingly new Daubert test as a matter of Florida law. See Booker v. Sumter Cnty. Sheriff's Office/N. Am. Risk Servs., No. 1D14-4812, 2015 WL 3444359 (Fla. 1st DCA May 29, 2015). The...

 

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...

 


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