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  • Article

    Appellate Court Holds Entitlement To Fees And Costs Award Under Section 768.79 Does Not Require Defendant's Settlement Offer Exclusive Of Fees To Specify Amount Of Plaintiff's Attorney's Fees Excluded

    Few things play a more sizable factor in litigation than attorney's fees. They incentivize suing as much as they do settling. The prospect of liability for the other side's fees is a long shadow cast by every case, ...
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    The Unpredictability Of Florida's Supposedly Predictable Choice-Of-Law Test

    For purposes of determining contract interpretation, Florida courts apply the lex loci contractus choice-of-law rule.
    United StatesCorporate/Commercial Law
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Get On Board Or Miss Out

    Wendy D. Testa (Partner-Philadelphia, PA) Sidney Sponer (Summer Associate-Philadelphia, PA) coauthored, with Denise M. Anderson, managing partner at Butler Weihmuller Katz Craig LLP
    United StatesReal Estate and Construction
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Dial v. Calusa Palms Master Association, Inc. – Florida Supreme Court Confirms Only Amounts Actually Paid By Medicare Are Admissible As Evidence Of Past Medical Expenses

    To accomplish this, plaintiffs are ordinarily able to present (board) the gross amount of their past medical expenses charged to the jury at trial.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Full Consent To Assignments

    Because there can be more than one individual or entity that holds an interest in property, a property insurance policy is generally drafted in such a way to identify and protect all the individuals or entities ...
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Florida First DCA Reverses $28.6 Million Judgment And Emphasizes That Alleged Violations Of The Florida "Dram Shop" Act Are Negligence Actions

    The effects of alcohol-impaired driving as it concerns life and limb are well-documented. Indeed, more often than not, the policy limits for the responsible party's insurance policy are inadequate to...
    United StatesLitigation, Mediation & Arbitration
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Thanks To An Unruly Cat, The Tennessee Court Of Appeals Reaffirms The Sutton Rule

    A recent ruling by the Tennessee Court of Appeals in Patton v. Pearson1 upheld the ‘Sutton Rule' in a subrogation action following a house fire at a rental property.
    United StatesReal Estate and Construction
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Can I Knock The Opposing Expert Out? Understanding How Florida Courts Allow Or Prevent Proposed Experts

    Experts are key witnesses in any case. They have the ability to testify about things that are usually beyond the scientific or technical understanding of the average person.
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    The Water Damage Endorsement Does Not Include "Tear Out" Cost In Cast Iron Pipe Claims

    Florida is replete with houses that contain cast iron pipes. After several years, those pipes deteriorate to the point that water leaks out, causing a loss.
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    What's In A Name?

    What Plaintiffs call a "confidential settlement negotiation". By any other name would be an "other paper" and establish the amount in controversy.
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Defining Occurrence – When Policy Definitions Do Not Apply To All Coverages

    On September 8, 2020 the United States Court of Appeals for the Eleventh Circuit issued its decision in Port Consolidated, Inc. v. International Insurance Company of Hannover, PLC,...
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    One Step Forward, Two Steps Back: Roofers, Insurance And Commercial Speech

    On June 11, 2021 Florida Governor Ron DeSantis signed SB 78, creating section 489.147, Florida Statutes.
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Stateless Amber Heard: The Legal Loophole To Avoid Being Sued In Federal Court

    Two years after the couple divorced, Heard described surviving domestic violence in an op-ed for The Washington Post. Although Heard never mentioned her ex-husband by name, Depp sued Heard for defamation.
    United StatesLitigation, Mediation & Arbitration
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    When The "Made Whole" Doctrine Isn't A Defense To Subrogation

    In some jurisdictions, the "made-whole" doctrine requires insured parties to be made whole before an insurance carrier may recover from a third-party as a subrogee.
    United StatesReal Estate and Construction
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Bad Faith Claim Brought Under Florida Law Foreclosed By The Insurance Policy's Choice Of Law Provision

    When contained in an insurance policy, a choice of law provision generally provides that the law of a certain state will apply to the policy and the determination of rights and responsibilities under the policy.
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Information Or Indemnity: Do Certificates Of Insurance Grant Insured Status?

    Often, a person or entity that is attempting to claim additional insured status under the insurance policy of another will rely on a "Certificate of Insurance" that was issued by the named insured's agent.
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    South Carolina Permits Depreciation Of Labor When Calculating ACV

    The issue of whether labor can be depreciated when a property policy does not define the term "actual cash value" ("ACV") has been resolved in South Carolina.
    United StatesInsurance
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Doctors, Scientists, & Engineers – Oh My! Changes To Federal Rule 702 Are Likely Coming

    Federal Rule of Evidence 702—Testimony by Expert Witnesses—was promulgated in 1975 when Congress first enacted the Federal Rules of Evidence.
    United StatesLitigation, Mediation & Arbitration
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    North Carolina Settlements: Unsigned, Sealed, And Delivered

    Covid-19 has turned mediations on their head.  The parties are no longer together in well-appointed conference rooms trying to work out their differences. 
    United StatesLitigation, Mediation & Arbitration
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Where Have You Driven A Ford Lately? Ford Motor Co. v. Montana Eighth Judicial District Court

    Over the last few years, the Supreme Court has had a reputation as very pro-business. Late last month, however, the Court handed consumers a rare win related to personal jurisdiction.
    United StatesLitigation, Mediation & Arbitration
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP

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