Latest

Financial Aid Applicants Latest to Fall Victim to Identity Theft.

Over the past year, the Nation has seen the effects of Internet espionage and data breach attacks play out in the political arena; however, that does not mean that average citizens are not affected by such cyber-attacks. Earlier today, the Washington Post reported on Thursday’s…

By Matthew Nace

/ 11 Apr 2017

Financial Aid Applicants Latest to Fall Victim to Identity Theft.

AUTO INSURANCE: Florida No Fault Benefits — What Is PIP Coverage and Do We Even Need It?

The debate about auto insurance coverage in the State of Florida is about to get hot. Currently, Floridians are required to carry a minimum of $10,000 in Florida No Fault Benefits, otherwise known as Personal Injury Protection or PIP benefits. At its inception, the idea…

By The Scott R. Marshall Law Firm

/ 9 Apr 2017

When is Denial of Disability Benefits Justified? How is the Determination Made?

The Court reversed the denial of Mason’s disability claim, and because Reliance already had two chances to get the assessment right, no remand was justified.

By T. Thomas Metier

/ 7 Apr 2017

New EpiPen Recall

Recently, the drug company Mylan issued a voluntary recall in seven countries for the EpiPen.

By Andrew D'Arcy

/ 7 Apr 2017

FORD RECALLS 570K VEHICLES FOR THREE SEPARATE SAFETY ISSUES

Ford Motor Company is recalling 570K vehicles for a variety of safety issues.

By Andrew D'Arcy

/ 7 Apr 2017

When Can a Party Be Given Leave to Amend a Pleading?

The Court also concludes the allegations do not demonstrate genuine issues of material fact, so the Court recommends that the judge find the proposed claim would likely be dismissed for Jones’ failure to show why the case would have to be submitted to a jury for resolution.

By T. Thomas Metier

/ 5 Apr 2017

Carbon Monoxide Exposure Inexcusable

The tragic news out of Niles, Michigan, this past weekend is both shocking and inexcusable. The children were exposed to over 800 parts per million of carbon monoxide, which exceeds the permissible 35 parts per million industry standard. Authorities investigating the incident have discovered that

By Smith & Johnson, Attorneys, P.C.

/ 3 Apr 2017

Does the Premises Liability Act Provide the Sole Legal Remedy for a Plaintiff on Private Property?

Under the PLA, the only way Tancrede could recover is to show that Freund injured her willfully.

By T. Thomas Metier

/ 3 Apr 2017

AUTO INSURANCE: Fault or No-Fault, It’s Your Fault if You Don’t Pay Attention to the Legislature

Consumers — that means you — often hear about things going on in state legislatures, but pay little heed until the legislation is passed and its effects are felt (usually in your wallet). Right now the Florida Legislature is considering the elimination of Florida No-Fault,…

By The Scott R. Marshall Law Firm

/ 3 Apr 2017

How Much is Too Much When a Party Is Compelled to Hand Over Computer Data?

The Court says the requesting party must show there is a compelling need for the information, the information is not available from other sources, and the requesting party is using the least intrusive means to obtain the information.

By T. Thomas Metier

/ 31 Mar 2017

Can a Homeowner Assign Rights Without the Insurer’s Consent?

The Court determined that assignment of a claim under a homeowner’s insurance policy for the homeowner’s property damage casualty loss is valid, despite a non-assignment clause.

By T. Thomas Metier

/ 29 Mar 2017

MIRENA IUD AND PSEUDOTUMOR CEREBRI RISK

The side effects of a Mirena IUD caused a Pennsylvania woman to develop severe migraine headaches, blurred vision and a host of other health problems associated with the buildup of fluid pressure around her brain, according to allegations raised in a lawsuit recently filed against…

By Andrew D'Arcy

/ 29 Mar 2017