Lawyers.com Blog

http://articles.chicagotribune.com/2012-05-15/news/sns-rt-us-usa-crime-newyorkbre84e1hf-20120515_1_frisks-livery-robbery-inspection-program-passenger-searches

State of Washington Directs Insurance Companies on Regulations Relating to Patient Protection and Affordable Care Act Consumer Assistance

nospam@example.com (Richard J. Fidei) — Wed, 16 May 2012 15:55:54 -0400

A letter on the issue from Washington Insurance Department Consumer Advocacy Department Manager Mary Childers is attached for review.

Settlement of lawsuit over New York taxi rider frisks

nospam@example.com (Simon W. Johnson) — Wed, 16 May 2012 15:52:05 -0400

Settlement of lawsuit over New York taxi rider frisks

from Chicago Tribune

http://www.dailybreeze.com/crimeandcourts/ci_20621525/jury-awards-450-000-2008-propane-fire-motorhome

Jury awards $450,000 in 2008 propane fire in motorhome leased in Carson

nospam@example.com (Simon W. Johnson) — Wed, 16 May 2012 15:49:03 -0400

Jury awards $450,000 in 2008 propane fire in motorhome leased in Carson

from dailybreeze.com

http://www.prnewswire.com/news-releases/boys-hooded-jackets-recalled-by-bonded-apparel-neck-drawstrings-pose-strangulation-hazard-sold-exclusively-at-dds-discounts-151534225.html

Colodny, Fass, Talenfeld, Karlinsky & Abate's Fred Karlinsky and Richard Fidei Featured in Federation of Regulatory Counsel August 2011 Update

nospam@example.com (Richard J. Fidei) — Wed, 16 May 2012 15:47:51 -0400

Colodny, Fass, Talenfeld, Karlinsky & Abate attorneys Fred Karlinsky and Richard Fidei were featured contributors to the Florida section of the Federation of Regulatory Counsel's ("FORC") August 2011 "FORC Alert." To view the publication, click here. The articles by Mr. Karlinsky and Mr. Fidei are reprinted below.

Enactment of CS/SB 142 Overturns Controversial 2001 Florida Supreme Court Ruling Defining How "Crashworthiness" Motor Vehicle Cases can be Tried

A controversial 2001 Florida Supreme Court ruling that defined how motor vehicle "crashworthiness" cases were tried was overturned with the enactment of CS/SB 142 Relating to Negligence, which Florida Governor Rick Scott signed into law on June 23, 2011.

Fred E. Karlinsky

New Florida Insurance-Related Laws to Expand Commercial Lines, Provide Workers' Comp Extraterritorial Reciprocity and More

Florida Governor Rick Scott signed various insurance-related bills into law on June 17, 2011, among which were CS/CS/HB 99 relating to Commercial Insurance Rates, CS/HB 723 relating to Reciprocity in Workers' Compensation Claims and CS/HB 1087 relating to Insurance.

Fred E. Karlinsky

Eleventh Circuit Court of Appeals Upholds Florida's Cap on Noneconomic Medical Malpractice Damages and Certifies Questions to Supreme Court of Florida -

Recently, in Estate of McCall ex rel. McCall v. U.S., No. 09-16375, 2011 WL 2084069, at *1 (11th Cir. May 27, 2011), the Eleventh Circuit Court of Appeals issued an opinion upholding the constitutionality of Florida's limitation on noneconomic damages in medical malpractice cases in that the statute did not violate equal protection under the United States Constitution and did not constitute a taking of private property under the United States and Florida Constitutions. The Court certified questions to the Supreme Court of Florida with respect to the Florida Constitution: whether the statute violated the right to equal protection, the right to access to courts, the right to trial by jury, and the guarantee of separation of powers. To access the opinion, click here.

Richard J. Fidei

Florida Supreme Court Finds 2005 Asbestos Lawsuit Restrictions Unconstitutional

In rulings issued on July 8, 2011, the Florida Supreme Court found that the Florida Legislature acted unconstitutionally in 2005 by placing new restrictions on lawsuits filed by asbestos exposure victims. Specifically, the 2005 Legislature addressed these claims with the enaction of the Asbestos and Silica Compensation Fairness Act ("ASCFA"), which applied retroactively to all claims other than those already in litigation and raised the burden on claimants. The ASCFA enumerated various and specific elements of a prima facie case and established that a claimant must establish a prima facie showing of the enumerated elements before being permitted to bring a claim. Subsequently, ASCFA was challenged on Constitutional grounds and struck down by the Florida Supreme Court because the retroactive application of the ASCFA violates the due process clause of the Florida Constitution. During Florida's 2011 Legislative Session, the ASCFA was proposed as a model to create the "Sinkhole Compensation Fairness Act" in an effort to control the cost of sinkhole tail claims--those that are made subsequent to the effective termination date of the occurring policy period--by weeding out questionable claims and ensuring that only real sinkhole claims qualify for consideration. To access the corresponding Supreme Court rulings, click here and here.

Richard J. Fidei

Third District Court of Appeal Withdraws Opinion Allowing Bad Faith Claims to Go Forward Solely on Basis of Appraisal Award

In a July 20, 2011 en banc opinion, the Third District Court of Appeal withdrew its previous opinion in State Farm Florida Ins. Co. v. Seville Place Condominium Association, -- So. 3d ---, 2009 WL 3271300 (Fla. 3d DCA 2009), which had allowed bad faith claims against State Farm Florida Insurance Company to go forward without full resolution of the underlying claims dispute. The new opinion, found at -- So. 3d ---, 2011 WL 2905642, denied appellate review and focused solely on the fact that only insurers facing imminent, irreparable, harm may seek certiorari review of erroneous orders of the trial court. Since State Farm had not yet suffered irreparable harm - "on the record before us, no discovery pertaining to the bad faith claims or the punitive damages claim has yet been sought or compelled" - the petition for certiorari review was denied. Id. at *3. To view the new Seville Place opinion, click here.

Richard J. Fidei

Boys' Hooded Jackets Recalled by Bonded Apparel; Neck Drawstrings Pose Strangulation Hazard; Sold Exclusively at dd's Discounts

nospam@example.com (Simon W. Johnson) — Wed, 16 May 2012 15:46:03 -0400

Boys' Hooded Jackets Recalled by Bonded Apparel; Neck Drawstrings Pose Strangulation Hazard; Sold Exclusively at dd's Discounts

from PR Newswire

http://artsbeat.blogs.nytimes.com/2012/05/15/bret-michaels-settles-lawsuit-after-injury-at-tony-awards/

Bret Michaels Settles Lawsuit After Injury at Tony Awards

nospam@example.com (Simon W. Johnson) — Wed, 16 May 2012 15:43:15 -0400

Bret Michaels Settles Lawsuit After Injury at Tony Awards

from The New York Times

http://triblocal.com/des-plaines/2012/05/15/lawsuit-filed-against-officers-in-fatal-shooting/

Lawsuit filed against officers in fatal shooting

nospam@example.com (Simon W. Johnson) — Wed, 16 May 2012 15:38:11 -0400

Lawsuit filed against officers in fatal shooting

from triblocal.com