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FLW Supplement Cases of Interest
INSURANCE--PROPERTY--LIMITATION OF ACTIONS. The 2011 amendment to section 95.11(2), which changed the event for commencement of the limitations period for claims for breach of property insurance contracts from the date of the insurer's breach to the date of the casualty loss, does not apply retroactively to a claim that arose in 2011 when the insurer denied any further liability for damages that resulted from a 2006 incident. Read more...
TRAFFIC INFRACTIONS--RED LIGHT CAMERAS. The court dismissed a case charging a red light camera violation, finding the city failed to prove its compliance with statutory notice requirements, that the contract between the city and program operator violated statutory prohibitions on vendors receiving remuneration based on the number of violations detected, that the procedure of having the program operator transmit replicas of traffic citations to the court was contrary to statutory requirements, and that section 316.0083 was unconstitutional. Read more...
FLW Federal Cases of Interest
SEARCH AND SEIZURE. Although detentions incident to the execution of a search warrant are reasonable under the Fourth Amendment because the limited intrusion on personal liberty is outweighed by the special law enforcement interests at stake, once an individual has left the immediate vicinity of a premises to be searched, detentions must be justified by some other rationale. Read more...
ANTITRUST--STATE ACTION IMMUNITY. A Georgia law that creates special-purpose public entities called hospital authorities and gives those entities general corporate powers, including the power to acquire hospitals, does not clearly articulate and affirmatively express a state policy to permit acquisitions that substantially lessen the competition. Because the clear-articulation test is not satisfied, the state action immunity doctrine does not apply. Read more...
SEARCH AND SEIZURE--VEHICLE--PROBABLE CAUSE. An officer had probable cause to search a defendant's vehicle after a drug-detection dog alerted at the driver's-side door handle, because the training and testing records supported the dog's reliability in detecting drugs and defendant failed to undermine that evidence. Read more...
CHILD CUSTODY--HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION--INTERNATIONAL CHILD ABDUCTION REMEDIES ACT. The return of a child to their country of habitual residence pursuant to a Convention return order does not render an appeal of that order moot. Read more...