Power, McNalis & Torres Newsletter

Briefly Speaking

2006 ARTICLE INDEX


  January 2006
•  Florida's Supreme Court uphold parents contract requiring arbitration to resolve a minor's wrongful death claim
•  Improper venue waived if not raised early
   
  February 2006
Auto exclusion of CGL policy bars coverage for alleged negligent training of employee
•  Supreme court settles conflict: No independent cause of action for first party spoliation evidence claim
•  Apartment complex had a duty to warn tenants about a known sexual predator living in development
   
  March 2006
Plaintiffs' attorney-client privilege not waived in bad faith actions alleging failure to settle
•  Florida Supreme Court sets oral argument on critical issues for third-party bad faith claims
•  Corporate officers may be personally liable for torts even when they act within the scope of their employment
   
  April 2006
Florida Senate repeals joint and several liability doctrine
•  Put a muzzle on it, Just in Case
•  Subrogation: Why waiting is a bad idea
   
  May 2006
Florida 's Third District Court of Appeal certifies direct conflict with the Fourth District Court of Appeal in the landmark Mierzwa case
•  Attorney-client privilege and the crime-fraud exception
   
  June 2006
Confidentiality orders and Florida's sunshine in litigation act
•  Another reason not to be a backseat driver
•  Voluntary assumption of duty may impose liability against homeowner for drug overdose of minor
   
  July 2006
Insurer acts at its peril in refusing to defend
•  Florida appellate court determines discovery request for insurer's business materials unnecessary to coverage determination in a declatory judgment action
•  Insurance company cannot shield claim file from insured where it was voluntarily provided to defense counsel in underlying action
   
  August 2006
Duty is Owed By Private Land Owners to Motorists For Obstructed Views Due to Foliage
•  A Series of Unfortunate Events: Contribution, Indemnification and Equitable Subrogation When Everyone is Negligent
Opinions of Counsel Incorporated in a Coblentz-Agreement Could Act As A Waiver of the Injured Party's Attorney-Client Privilege

 

 

 

 

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Briefly Speaking - 2005
Briefly Speaking - 2004
Briefly Speaking - 2003