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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
ANTITRUST--STATE-LAW CLAIMS--FEDERAL PREEMPTION--NATURAL GAS ACT. The Natural Gas Act does not preempt state-law antitrust claims seeking damages for excessively high retail natural-gas prices stemming from the manipulation of natural-gas indices by interstate pipelines. Read more...
SENTENCING--FEDERAL GUIDELINES--OFFENSE LEVEL--INCREASE--COMPUTER USE. A defendant's use of his cell phone to place online ads offering young girls for prohibited purpose falls squarely within the plain language of the two-level enhancement for using a computer to solicit a person to engage in prohibited sexual conduct with a minor. Read more...
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...