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Rumberger, Kirk & Caldwell Professional Association Document Search Results (16)

 

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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.

 

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...

 

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...

 

HTMLBody-Worn Cameras for Law Enforcement Officers: Many Questions, Few Answers
Leonard J. Dietzen; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
February 2, 2015, previously published on January 6, 2015
Public outcry for the wide-spread implementation of body-worn cameras (BWCs) by law enforcement officers is growing louder due to recent events. Before an agency even considers the costly implementation of this technology many questions must be answered on an agency by agency basis. The first and...

 

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...

 

HTMLCareful with that Arbitration Clause!
Timothy N. Bench; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
January 16, 2015, previously published on December 02, 2014
Earlier this month, a Florida appellate court issued a decision which illustrates the potential perils of drafting arbitration provisions in contracts. Arbitration provisions can be drafted to apply broadly, or narrowly, and use of an inartfully drafted provision can have unintended results....

 

Adobe PDFSocial Media: The Ethical Obstacle Course for You and Your Lawyer
Rachel Lowes; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
December 18, 2014
Sophisticated social media sites and “apps” like Facebook, Twitter, Vine, Instagram, Tumblr, LinkedIn, and Foursquare often blur the lines of ethics and legality by giving opposing parties and counsel access to details of the lives of unsuspecting parties, witnesses, other lawyers,...

 

HTMLRecent FDCPA Decisions of the Eleventh Circuit Provide Warning and Encouragement to Creditors and Debt Collectors
Kevin R. Gowen, Suzanne Barto Hill; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
December 16, 2014, previously published on November 24, 2014
Recent opinions from the Eleventh Circuit change the legal landscape for creditors, their attorneys and debtors. Creditors filing bankruptcy proofs of claims will now be subject to the FDCPA, at least in the Eleventh Circuit, but there is renewed hope for certain defenses, such as the litigation...

 

HTMLFishing in a Digital Ocean: 1st DCA Rules Defense May Discover All Data on Decedent's Cellphone
Michael K. Gutman; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
November 14, 2014, previously published on October 27, 2014
Florida's First District Court of Appeal recently upheld a trial court order allowing Defendants' expert to conduct an inspection of "all data" on a decedent's cellphone, albeit under strict and controlled parameters. See Antico v. Sindt Trucking, Inc., Case No. 1D14-277, 2014 WL 5099433...

 


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