In a 5-2 opinion, the Florida Supreme Court on May 23, 2019, readopted the Daubert standard for evidence. In returning to Daubert, Florida’s highest court noted incorporating the 2013 law as a procedural rule will create consistency between the state and federal courts. The change comes just one year after the Court […]
Category: Newsletters and Articles
The Supreme Court has issued a favorable opinion for insurers in the case of Lee Memorial Health System v. Progressive Select Insurance Company, (SC17—1993). In its opinion, the Supreme Court of Florida found that the Lee Memorial Health System Lien Law violates Article III, Section 11(a)(9) and is therefore invalid. LMHS […]
An insurer’s refusal to execute an affidavit in connection with a time-sensitive pre-suit demand could be the basis for a bad faith verdict against the insurance carrier. A lesson learned from this federal district court opinion is that insurance carriers must thoroughly explain to their insureds the necessity of timely […]
Title IX requires colleges and universities receiving federal funding to conduct a “prompt, thorough, and impartial” investigation into an allegation of rape or sexual assault on campus. If the school finds that harassment occurred, administrators must stop the behavior, prevent its recurrence, and remedy its effects on the victim – […]