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Articles Posted in Miscellaneous

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Jeffrey P. Gale, P.A. // Sovereign Immunity Strikes Again — Not Good!!!

We just received a telephone call from a heartbroken mother whose 47-year old daughter died a few years ago after falling into a diabetic coma. A well-being, or safety check, call was made to the local police department a day after the young woman phoned to inform her employer that…

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Jeffrey P. Gale, P.A. — Arbitration is Un-American

The 7th Amendment to the United States Constitution, ratified in 1791, codifies the importance of jury trials in civil cases to the framework in the American Way. Here is the amendment’s simple language: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of…

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Jeffrey P. Gale, P.A. // Exculpatory Clauses Place Florida School Children at Risk

One of the main goals behind holding individuals and corporations accountable for the damage caused by their negligence is to make society a safer place. The thinking is that to avoid the substantial hassle and expense of lawsuits and damage awards, thoughtful people will act reasonably. An exculpatory clause purports…

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Jeffrey P. Gale, P.A. // Proceed Cautiously With Settlement Releases

Think of an injury case like navigating a ship from one port to another. Signing up the case is the equivalent of throwing off the ropes and pulling safely away from the dock. Being at sea is analogous to litigation. Some days you will eat the bear and some days…

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Jeffrey P. Gale, P.A. // Florida Politicians Do Not Like “We the People”

Within the past two weeks, three bills limiting the rights of everyday citizens to control how they are governed were signed into law in Florida. On May 10, 2021, Florida Governor Ron DeSantis signed Senate Bill 1890. The bill places a $3,000 cap on contributions to political committees trying to…

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Jeffrey P. Gale, P.A. // Dealing With Medical Payments Made by the Wrong Entity During a Pending Florida Workers’ Compensation Case

It is not unusual for entities other than the workers’ compensation insurance carrier to pay medical expenses following a work-related accident. The most common payors are health insurance carriers, Medicare, and Medicaid. (PIP (a/k/a “No Fault”) insurance also pays if the accident involves motor vehicles, but since their rights are…

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Jeffrey P. Gale, P.A. // Example of State Farm’s Callous Indifference to Human Suffering

While recently researching a Florida legal matter, I came upon this Utah Supreme Court case — Hill v. State Farm Mutual Insurance Company. It demonstrates a shocking indifference by a billion dollar insurance company towards the feelings of grieving family members whose loved ones were killed in a crash caused…

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Jeffrey P. Gale, P.A. // Shifting Legal Defense Theories in a Workers’ Compensation Case and Trump’s Impeachment Trial

Trump’s shifting legal defense reminds me of one of our firm’s more interesting past cases. We represented a lady who fell and suffered a badly broken bone in her leg because of a dangerous condition on her employer’s property. At the time of the accident she had multiple sclerosis, but…

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