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May 24, 2024 | Daily Report Online

Appeals Court Sides With Plaintiffs in 'Gotcha Tactic' Settlement Dispute

"If the insurance companies are interested in seeing confusing language, they need look no further than their own insurance contracts," said plaintiff-appellee attorney Ben Brodhead.
5 minute read
May 23, 2024 | Daily Business Review

Fla. High Court Clears Path for Insurance Companies to Utilize Payment Methodologies Enumerated in PIP Statute

The "billed amount" issue deals with both policy language and Section 627.736(5)(a)(5) of the PIP statute. In plain language, the issue can be summarized as whether an insurer is eligible to reimburse a bill at 80% of the amount billed when that amount is less than 200% of the Medicare fee schedule rate for the corresponding year for which the service was rendered.
8 minute read
May 22, 2024 | Law.com

A Cautionary Tale: EPA Lists PFOA and PFOS as Hazardous Substances

"The EPA's new PFAS rule is the agency's first-ever exercise of its authority under Section 102(a) to directly identify CERCLA-specific hazardous substances," write Andrea Driggs, Meredith Weinberg and Benjamin Longbottom of Perkins Coie.
8 minute read
May 14, 2024 | Daily Business Review

Judge Awards Florida Litigators $2.4M in Attorney Fees

Class counsel moved for nearly $4.4 million in attorney fees, but U.S. District Judge Paul Byron ultimately awarded $2.4 million.
4 minute read
May 14, 2024 | Daily Business Review

Florida Jury Returns $3.2M Verdict: Was Bifurcation Key?

"Bifurcation can be an extremely valuable tool," said attorney Christopher T. Kuleba, who is not associated with the case.
5 minute read
Law Journal Press | Digital Book Appellate Practice in Federal and State Courts Authors: David M. Axelrad View this Book

View more book results for the query "State Farm Insurance"

May 08, 2024 | The Legal Intelligencer

A Reefer Remand: Sending Smoke Signals to NJ's Highest Court for Novel Cannabis Law Questions

The judicial landscape, at both the state and federal levels, is tasked with determining the existence of a private cause of action under each state's medical cannabis statute. This determination hinges on whether the statute delegates enforcement responsibilities to a governmental entity, or if it lacks an independent mechanism for addressing employer violations.
7 minute read
May 07, 2024 | Texas Lawyer

A 'Go-to' Insurance Lawyer Has Died

"He was one of the most notable insurance recovery litigators in the state of Texas, an avid saxophone player and a devoted father," Munsch Hardt CEO Phil Appenzeller said.
3 minute read
May 02, 2024 | Daily Report Online

'Staggering Gamesmanship': Case Law, Statute Clash Over 'Gotcha' Settlement Tactics on Appeal

Defendant-appellant counsel Matt Friedlander said waiving the Civil Practice Statute was "a legally inert proclamation … like Michael Scott standing up and saying 'I declare bankruptcy.' It's funny, but it doesn't mean anything."
5 minute read
April 30, 2024 | Daily Report Online

A 'Gotcha Tactic'?: Court of Appeals to Hear 'Bad Faith' Settlement Claim Dispute at Oral Argument

According to the defendant-appellants, the plaintiff's demand was emblematic of a "set-up" offer by which an "attorney could … try to avoid a policy-limits settlement by sending a needlessly complicated demand with a myriad of confusing and seemingly trivial terms designed to elicit a rejection."
5 minute read
April 18, 2024 | Law.com

NY Cannabis Marketing Rulings / Rescheduling Effects / Honigman's Work on Trademark Suit / Goodbye

A New York judge sent the Empire State cannabis industry into a temporary tizzy when he invalidated large sections of the state's cannabis regulations. One day later, Justice Kevin Bryant amended his ruling to apply only to third-party cannabis marketing restrictions.
9 minute read

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