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Rumberger, Kirk & Caldwell Professional Association Document Search Results (9)

 

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HTMLSettlement vs. Precedent: Court Weighs Importance of Interests
Brett M. Carey; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
November 2, 2016, previously published on October 26, 2016
On July 12, 2016, the Eleventh Circuit Court of Appeals reversed the District Court’s denial of a joint motion to vacate orders pursuant to Rule 60(b) of the Federal Rules of Civil Procedure where a settlement agreement was made contingent on the vacatur being granted. This decision may...

 

HTMLUnited States Supreme Court Upholds Constitutionality of Criminal Breath Test Refusal Statutes
J. David Marsey; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
October 11, 2016, previously published on October 3, 2016
The United States Supreme Court recently upheld the constitutionality of state statutes providing criminal penalties for the refusal to provide a breath test after an arrest for DUI, but held them unconstitutional when applied to blood tests.[1] This is a very timely decision because the...

 

HTMLThe Degrees of Truth: When is Dismissal with Prejudice Warranted?
Lauren E. DeFabio; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
September 15, 2016, previously published on September 8, 2016
An essential principle of our legal system is that people are supposed to tell the truth, the whole truth, and nothing but the truth. Yet although individuals giving testimony swear an oath to tell the truth, they often have various motives to skirt the truth, omit relevant facts, or even outright...

 

HTMLTen FLSA Myths that Can Get You into Trouble
Sally Rogers Culley, Brian Hayden; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
August 11, 2016, previously published on May 25, 2016
If you are an employer, you likely know that the Fair Labor Standards Act (“FLSA”) requires payment of a minimum wage, along with overtime pay for nonexempt employees who work more than 40 hours in a workweek. But do you really know all you need to know? Do you know how to determine...

 

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...

 

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...

 

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...

 

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...