News & Analysis as of

Good Faith Florida

Rumberger | Kirk

Legislative Alert: Florida’s HB 1551 and SB 554 Raise Concerns for Insurance Carriers

Rumberger | Kirk on

It is no secret that insurance rates in the state of Florida have skyrocketed over the past several years. One of the catalysts to the increased rates was Florida’s attorney fee statute, which had the effect of incentivizing...more

NAVEX

Florida Whistleblower Case Offers Wider Cultural Lessons for Employers

NAVEX on

If an employee files a whistleblower complaint against their employer, should that employee be required to show “actual” knowledge of a violation, or should a “good faith, reasonable belief” showing suffice? Not all courts...more

Fuerst Ittleman David & Joseph

Florida Litigation Update: Third DCA Clarifies When Joint Proposals for Settlement Are Ambiguous and Addresses the Interplay...

Florida litigators are well aware of the power of a properly used proposal for settlement and the potentially devastating consequences of rejecting such a proposal. Such proposals are powerful tools designed to facilitate...more

Fuerst Ittleman David & Joseph

Florida Litigation Procedure Update: Third DCA Clarifies Key Aspects of § 57.105

In AT&T Mobility, LLC v. Rigney, 3D21-2261 (Fla. 3d DCA Sept. 6, 2023), Florida’s Third District Court of Appeal reviewed the denial of two motions for sanctions under section 57.105, Florida Statutes. In its ruling, the...more

Rumberger | Kirk

Fourth DCA: Florida Sunshine Law’s Strict Compliance vs Public Records Act Good Faith Exception

Rumberger | Kirk on

In yet another example of the Florida Sunshine Law’s virtually unblemished and undefeated record, the Fourth District Court of Appeal recently reversed a trial court’s decision that the Palm Beach County Canvassing Board and...more

Littler

Florida Legislature Imposes High Standard for Claims Against Businesses Based on Damages from COVID-19

Littler on

On March 29, 2021, Governor Ron DeSantis signed into law Florida Statute 768.38, intended to protect businesses, governmental entities, schools and other persons and entities from COVID-19 lawsuits if they made a good-faith...more

McGlinchey Stafford

Florida Real Property & Business Litigation Report, Volume 13, Issue 23

McGlinchey Stafford on

GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, Case No. 18–1048 (2020). Equitable estoppel principles (such as non-signatories being able to compel arbitration of disputes) can be applied in...more

Carlton Fields

District Court Dismisses Breach Of Contract Claim, Allows Breach Of Duty Of Utmost Good Faith Claim In Reinsurance Dispute

Carlton Fields on

The District Court for the Middle District of Florida recently held that defendant First American Title Insurance Company (“First American”) could maintain its breach of the utmost duty of good faith counterclaim against...more

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