In the case of Cox v. Parrish, Cox appeals his dismissed counterclaim against his sisters as co-executors in the administration of their deceased father’s estate. The lower court found his counterclaim time barred, and certified its dismissal under ARCP 54b. The Supreme Court of Alabama ruled that the lower court had exceeded its discretion by […]
FLORIDA – Construction – Statute of Repose
In Manney v. MBC Engineering, Inc., the Florida 5th DCA ruled that the statute of repose under section 95.11(3)(c), Florida Statutes (2017) does not apply to certain inspection services. Manney hired MBV to conduct a pre-purchase inspection of a new residential home in 2002. MBV’s report indicated that the home was in excellent shape. In […]
FLORIDA – Insurance – Appraisals Pursuant to Claims
In State Farm Florida Insurance v. Sheppard the Florida First DCA ruled that when a carrier agrees that part of a loss is covered by the applicable policy, the appraisal provision can be invoked. Sheppard filed an insurance claim with her carrier, State Farm, for water damage in her home caused by leaking pipes. Sheppard […]
ALABAMA – Jury Verdict – HIPAA
Congratulations to LCHC’s Regina Cash on obtaining $300,000 verdict against hospital in HIPAA lawsuit. READ MORE
MISSISSIPPI – Expert Witnesses – Required or Not?
Mississippi Court of Appeals: an expert witness is not required to prove negligence where laymen can observe and understand the negligence as a matter of common sense and practical experience. If it seems our cases are being overrun by expert witnesses, here the appeals court slowed the conquest in a case involving an automobile mechanic […]
MISSISSIPPI – Civil Procedure – Extension to serve process beyond 120 days
Mississippi Court of Appeals: six efforts to serve process at the registered agent’s address within 120 days, plus a motion for extension on the 121st day, plus two more attempts (one being successful) shortly thereafter amounted to “good cause” and “diligence”; thus avoiding the harsh penalty of the statute of limitations. Joshua Adams v. MBA […]
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ALABAMA – ERISA – Amendment of Pleadings
The Supreme Court of Alabama decided this week to reaffirm its liberal policy of allowing amendments to pleadings in the context of a wrongful death action surrounded by questions of ERISA preemption. The case involved a wrongful death claim against an insurance company administrating a deceased employee’s health benefit plan which he had received through […]
ALABAMA – Contracts – Arbitrator’s Authority
After a payment dispute in a construction case, the concrete subcontractor filed a lawsuit in circuit court against the general contractor and the owner/developer. The Defendants filed a motion to stay and compel arbitration pursuant to the arbitration provisions in both the prime contract and the subcontract. The circuit court stayed the circuit court proceedings […]
FLORIDA – Evidence – Expert Testimony
In 2017, The Florida Bar’s Code and Rules of Evidence Committee voted in favor of making the switch from Frye to Daubert, but the state’s high court had declined to make the switch at the time due to constitutional concerns. The Court’s concern over constitutional issues gave way upon review of the overwhelming use of […]
FLORIDA – Public Utilities – Contesting Rate Increases
The Supreme Court of Florida has affirmed the Florida Public Service Commission’s decision to provide reimbursement to a public electrical utility company, FPL, through raising base rates for four of its solar energy centers. Nine entities had intervened in FPL’s petition to the Commission for the increase in rates. Several of those joined in a […]