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Rumberger, Kirk & Caldwell Professional Association Document Search Results (21)

 

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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...

 

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...

 

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,...

 

HTMLFlorida's Fourth District Court of Appeal Holds That There is Minimal Privacy Interest in Social Media Accounts
Victoria San Pedro; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
April 7, 2015, previously published on March 9, 2015
On January 7, 2015, Florida’s Fourth District Court of Appeal held that plaintiff in a personal injury suit has a limited privacy interest in his or her social networking site. See Nucci v. Target, &under;&under;&under; So. 3d &under;&under;&under;, 2015 WL 71726 (Fla. 4th DCA Jan. 7, 2015)....

 

HTMLIn Coverage Case, Florida Court Expansively Construes Costs To Include Attorney's Fees
David B. Shelton; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
March 4, 2015, previously published on February 05, 2015
In GEICO General Ins. Co. v. Hollingsworth, 2015 WL 376406 (Fla. 5th DCA January 30, 2015), the Fifth District Court of Appeal considered whether GEICO’s automobile insurance policy provided additional coverage for attorney’s fees awarded against the insured pursuant to section 768.79,...

 

HTMLCourt Holds That Change of Policyholder Requires New Offer of UM Coverage
David B. Shelton; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
March 4, 2015, previously published on February 20, 2015
In Chase v. Horace Mann Ins. Co., 2015 WL 686093 (Fla. February 19, 2015), the Florida Supreme Court addressed the amount of uninsured motorist (UM) coverage available under the auto insurance policy. The policy was initially issued in 2001 to Richard Chase as the sole named insured. At that time,...

 

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 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...

 


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