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FLW Supplement Cases of Interest
MORTGAGE FORECLOSURE--ORDER TO SHOW CAUSE. The circuit court denied a motion for order to show cause why a final judgment of foreclosure should not be entered filed by a cooperative association/junior lienholder. Includes discussion of OTSC legislative scheme. Read more...
INSURANCE--PERSONAL INJURY PROTECTION--EMERGENCY SERVICES--DEDUCTIBLE. Where both emergency service providers and other medical providers seek PIP benefits, the deductible must be applied to benefits paid to non-emergency service providers. Read more...
INSURANCE--ATTORNEY'S FEES. A provider who prevailed at trial was not entitled to attorney's fees under section 627.428 where the judgment obtained after the trial was less than the insurer's presuit settlement offer. Read more...
FLW Federal Cases of Interest
PRODUCT LIABILITY--TOBACCO--FEDERAL PREEMPTION. The Court of Appeals held that claims against cigarette manufacturers for strict liability and negligence premised on Engle class action jury findings were preempted by federal law. Read more...
INSURANCE--SINKHOLE CLAIMS. The Court of Appeals construed the phrase "structural damage to the building," as used in a policy insuring against sinkhole losses, meant "damage that impairs the structural integrity of the building." Read more...
MARITIME TORTS--VICARIOUS LIABILITY. A passenger may invoke principles of actual or apparent agency to impute to a cruise line liability for the medical negligence of its onboard nurse and doctor. Read more...
USE OF COMPUTER TO EXPLOIT MINOR. Defendant's use of cell phone to call and send text messages constitutes use of computer as defined in 18 U.S.C. section 1030(e)(1) and warrants sentencing enhancement applicable when defendant uses computer to entice minor to engage in sexually explicit conduct. Read more...