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Rumberger, Kirk & Caldwell Professional Association Document Search Results (7)

 

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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...

 

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
October 28, 2014, 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...

 

Adobe PDFLet’s Make A Deal: Immunity For Water Management Districts In Exchange For Use Of Land
Leonard J. Dietzen, Brian Hayden; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
October 28, 2014, previously published on October 2014
Florida’s five water management districts (“Districts”) together own approximately 2.7 million acres of land. To protect Districts from liability for injuries occurring on these lands, the Florida Legislature enacted Section 373.1395, Florida Statutes, commonly referred to as the...

 

Adobe PDFNew Red Light Camera Case Stops More than Just Traffic
Leonard J. Dietzen, Chad E. Lipsky; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
October 28, 2014, previously published on October 2014
In an October 15, 2014, ruling, the Fourth District Court of Appeal struck down the City of Hollywood’s procedure for processing citations initiated by red light cameras. At issue was the level of control that third party vendors can have over the process. The court found this level to be no...

 

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.