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2011


The ‘Essential Requirements of the Law’— When Are They Violated?

The ‘Essential Requirements of the Law’— When Are They Violated?

March 1, 2011

To obtain a common law writ of certiorari, a petitioner must demonstrate 1) a material injury in the proceedings below that cannot be corrected on postjudgment appeal, and 2) that the injury was caused by a departure from the “essential requirements of the law.” This article, which was published in The Florida Bar Journal, focuses on the second element, which is utilized not only in the context of nonfinal review of trial court orders, but also when circuit courts review local government rulings and when district courts review circuit court certiorari decisions.

The Good Faith, Bad Faith, and Ugly Set-up of Insurance Claims Settlement

The Good Faith, Bad Faith, and Ugly Set-up of Insurance Claims Settlement

February 1, 2011

This article, by shareholders Gwynne Young and Johanna Clark, explores the issues and consequences of bad faith claims and discusses a proposed amendment to Florida’s bad faith statute.

2010 Annual Report of the Florida Office of Insurance Regulation

2010 Annual Report of the Florida Office of Insurance Regulation

February 1, 2011

The 2010 Annual Report of the Florida Office of Insurance Regulation contains a summary of major activities and accomplishments of the OIR, a summary of the financial information and activities of companies authorized to transact insurance-related business in Florida, consumer complaint ratios, a summary of officers and directors' liability claims as reported by insurers, and the OIR’s budget appropriations, expenditures, and revenues for fiscal year 2009-2010.

Heads In The Clouds: Understanding Cloud Computing And Its Risks

Heads In The Clouds: Understanding Cloud Computing And Its Risks

February 1, 2011

The term "cloud computing" has become ubiquitous. But that doesn't mean it is fully understood. This article addresses issues and risks that clients may face if they choose to "leverage the cloud.”

Court Confirms Scope Of Statutory Immunity Against Suits Related To Appointment Of Medical Staff Members

Court Confirms Scope Of Statutory Immunity Against Suits Related To Appointment Of Medical Staff Members

January 27, 2011

This client alert provides information on an important Fourth District Court of Appeal decision which confirms that Florida hospitals and ambulatory surgery centers and their governing bodies are immune from injunctive relief and liability for claims that arise out of the appointment or reappointment of members of the medical staff, absent a properly pled allegation of intentional fraud.

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