In a case with far-reaching implications, Florida’s Third District Court of Appeal ruled on February 1, 2017 that an Uber driver was not an employee of Uber. In McGillis v. Department of Economic Opportunity, the court decided that, based on the contract between the driver and Uber and the nature of their…
With fault being a fundamental element in all but strict liability personal injury cases, it is often critically important for both sides of a dispute to be able to view certain photographs taken after an accident to help piece together the how and why of its occurrence. Common examples include accident-scene images showing the resting place of vehicles involved in a multi-vehicle collision or…
The parties to a Florida workers’ compensation case have the unique right to conduct discovery depositions even in the absence of a pending claim, which is brought by filing a Petition for Benefits. The right is granted under Florida Statute 440.30 and is limited to cases where the Claimant is represented by an attorney. (This means that the Employer and…
“Big Business,” for want of a better term, goes to great lengths to misinform the public about many different subjects, all for the purpose of advancing one cause: MAXIMIZING PROFITS! One of its most popular and successful themes is the notion that the country is suffering under an onslaught of “frivolous…
This article — Frightened by Donald Trump? You don’t know the half of it — published in theguardian.com, paints a dire picture of what awaits the human race under a Trump Presidency. Civil trial lawyers are all too familiar with the insidious threat discussed in the article. For more than 30 years,…
Following the Florida Supreme Court’s April, 2016 decision in Castellanos v. Next Door Company, Florida’s workers’ compensation insurance industry quickly mobilized in an effort to obtain approval of a rate increase from the Florida Office of Insurance Regulation. It claimed that a substantial premium rate hike was needed to handle the expected increase in claim costs…
In the upcoming healthcare debate, watch carefully for a Republican shell game. In his 60 Minutes interview, Trump professed support for prohibiting insurance carriers from denying coverage for preexisting medical conditions. Left unsaid is whether carriers will be allowed to charge higher premiums based on preexisting conditions, a practice banned under…
U.S. President Theodore Roosevelt famously said, “Speak softly and carry a big stick.” The meaning of the proverb is that, if necessary, blunt force will be used to compel compliance with reasonable behavior. It works. In Castellanos v. Next Door Company, the Florida Supreme Court gave injured workers a big stick. It is Section 440.34(3) Florida…
Complaining now about the 2016 presidential election outcome based on the popular vote vs the Electoral College results is nonsense. It’s like a football team that was outscored arguing that it should be declared the winner because it controlled the clock and gained more yards than the other team. Them ain’t the rules.…
We are all in deep trouble with Trump, right-wingers included, but Congress, especially Republicans, can limit the damage by insisting on decency, honesty and fair-dealing from his administration. This will require principle and backbone, two characteristics in short supply in Republican leaders like Mitch McConnell and Paul Ryan. It took…