June 1, 2022 | Legal Alerts

Summary Judgment Obtained in a Premises Liability Case

Cristobal Casal and Yasmine Kirollos, Partners in our Fort Myers office, obtained summary judgment in favor of Target in a premises liability lawsuit in which Plaintiff alleged that she suffered a slip and fall while at the store.  Plaintiff claimed she fell due to a spill involving a blue liquid in one of the main aisle ways.  The lawsuit was initially filed in state court, however, Target removed the case to the United States Middle District Fort Myers Division citing diversity of jurisdiction.  Target argued that Plaintiff had failed to prove that the store had actual or constructive notice of the substance under the requirements of the state’s transitory foreign substance law. The federal court agreed in entering summary judgment and found Target to be the prevailing party in this matter.

May 26, 2022 | Legal Alerts

Florida Supreme Court Amends PFS Rule To Preclude Non-Monetary Conditions Other Than A Dismissal

On May 26, 2022, the Florida Supreme Court amended Rule 1.442 of the Rules of Civil Procedure to remove any reference to non-monetary conditions in a Proposal for Settlement. In short, any Proposal for Settlement served after July 1, 2022 can no longer include conditions, such as the execution of a release, as a condition of the settlement. The only exception to this amended rule is that Proposals may be conditioned on the requirement that the Plaintiff dismiss his/her complaint against the defendant.

May 25, 2022 | Announcements

Conroy Simberg Attorneys to Speak at the FIFEC Conference

Conroy Simberg is pleased to announce that 5 of our partners will speak on PIP Trends and First Party Property Law at the Florida Insurance Fraud Education Committee’s (FIFEC) 30th Annual Conference. The educational seminar, which is sponsored by the firm, will take place in Orlando on June 8-10, 2022. 

May 24, 2022 | Legal Alerts

Jurisdiction and Venue

One of the major questions at the outset of a case is whether a court can take jurisdiction over it. The first determination is whether Florida is the appropriate state in which to file the workers compensation claim. Of course, if an accident happened in the State of Florida, a claim can probably be filed for benefits under the Florida Workers Compensation Act; Chapter 440 of the Florida Statutes.  However, an employee may be able to file a claim in Florida for an accident that occurred outside of Florida if the employment contract was made in Florida or if the employment was principally based in Florida.  If you have an issue with an Employee seeking benefits in under Florida Workers Compensation, for an accident outside the State of Florida, we can provide guidance on possible defenses and investigation.   

May 18, 2022 | Legal Alerts

DeFi Insurance: What It Is and How It Works

The decentralized finance (DeFi) market is a new one with limitless possibilities. Along with the excitement come a number of risks in this nascent field. A lack of regulation, bad actors, and unstable systems have the potential to cause large losses. However, a new industry has emerged to meet the needs of people who want to participate in DeFi while protecting themselves against some of the potential risks. Now, people can purchase insurance against many of the losses they might encounter. However, like DeFi itself, this fledgling insurance market also has its own risks and challenges.