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Articles by Joseph D. Rich
Fast & Furious Tort Law Changes, Part 2: Shorter Statute of Repose for Improvements | JD Supra
On April 13, 2023, Governor Ron DeSantis signed into law Senate Bill 360, known as “An act relating to causes of action based on three improvements to real property.” Like other recent tort law changes, including those discussed in our prior Alert on March 30, 2023, this new law has two major changes for pursuing subrogation claims in the State of Florida relating to the design, planning, and construction of improvements to real property.
Fast & Furious Tort Law Changes in Florida: New Negligence Statute of Limitations & Comparative Fault Rule | JD Supra
On March 24, 2023, Florida Governor Ron DeSantis signed into law House Bill 837, “Civil Remedies.” This Act moved quickly through the Florida Legislature process, after having been introduced in February of 2023. The Act is focused upon bad faith litigation and attorney’s fee awards, but it also includes two important changes for negligence cases in the State of Florida that all subrogation professionals should keep in mind. First, the statute of limitations for negligence actions under Fl. Stat.
Requiring an Expert to Have Experience with the Specific Product at Issue is “Too High” a Standard | JD Supra
On April 22, 2021, the U.S. Court of Appeals for the 11th Circuit found in Moore v. Intuitive Surgical, Inc., Case No. 1:15-cv-00056-LAG (11th Cir.
Aggravation Time is Not Money in Florida | JD Supra
We’ve all heard the phrase: Time is Money. Sometimes, this phrase pops up in strange ways in a subrogation investigation. One example is when the insured wants to be paid for his or her time following a loss. Most recovery professionals have, at one time, faced an inquiry from an insured or an insured’s representative whether the time spent on an insurance claim (or even assisting subrogation efforts) can be sought as damages from a tortfeasor.
Five Mile Swamp Fire | JD Supra
On the afternoon of Monday, May 4, 2020, the Five Mile Swamp fire broke out during a permitted, prescribed 240-acre burn in the Pensacola Bay Mitigation Bank located near Milton, Santa Rosa County, Fla. The recent reports are that the fire involves approximately 2,215 acres, has destroyed approximately 14 homes and 22 other ancillary buildings, and is now approximately 90 percent contained.
Game of Experts: A Song of Frye & Daubert in Florida State Courts | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Key Questions to Consider in Light of Operation Rubicon’s Investigation into Insurance Fraud in South Florida | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
That Just Happened! Florida Returns to the Frye Expert Standard | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Florida Court Clarifies That Pre-Suit Notice for Construction Defect Claims Tolls Statute of Repose | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Could Daubert be Dying in Florida?
On February 16, 2017, the Florida Supreme Court issued an opinion in In Re: Amendments to the Florida Evidence Code, No. SC16-181, in which the court declined to adopt the Daubert standard, on procedural grounds, for admissibility of expert testimony. Although, as discussed below, this decision was not on the merits of a formal appeal from a litigated case and was a “procedural” decision, it could send a signal.
Civil Rights Attorney Claimed Jeff Sessions Wanted to Ignore KKK-Lynching Case
Days before his confirmation hearings are scheduled to begin, Jeff Sessions, Trump’s pick for Attorney General, asserted that he prosecuted a Ku Klux Klan related lynching nearly 30-years ago in a questionnaire that he submitted to the Senate Judiciary Committee. However, Thomas Figures, an assistant U.S. attorney who worked under Sessions as U.S. attorney in Alabama at the time of the lynching case, said otherwise.
Jeff Sessions want us to believe he’s a civil rights champion. He isn’t.
Attorney general nominee Jeff Sessions is trying to mislead his Senate colleagues and the country into believing he is a champion for civil rights. We are former Justice Department civil rights lawyers who worked on the civil rights cases that Sessions cites as evidence for this claim, so we know: The record isn’t Sessions’ to burnish. We won’t let the nominee misstate his civil rights history to get the job of the nation’s chief law enforcement officer.
Commentary: Attorney general nominee greatly distorts his record on civil rights cases - The Portland Press Herald
Attorney general nominee Jeff Sessions is trying to mislead his Senate colleagues, and the country, into believing he is a champion for civil rights. We are former Justice Department civil rights lawyers who worked on the civil rights cases that Sessions cites as evidence for this claim, so we know: The record isn’t Sessions’ to burnish. We won’t let the nominee misstate his civil rights history to get the job of the nation’s chief law enforcement officer.
Jeff Sessions says he handled these civil rights cases. He barely touched them.
Attorney general nominee Jeff Sessions is trying to mislead his Senate colleagues, and the country, into believing he is a champion for civil rights. We are former Justice Department civil rights lawyers who worked on the civil rights cases that Sessions cites as evidence for this claim, so we know: The record isn’t Sessions’s to burnish. We won’t let the nominee misstate his civil rights history to get the job of the nation’s chief law enforcement officer.
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