Searching Content indexed under Civil Law by Carlton Fields ordered by Published Date Descending.
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Supreme Court Of Florida Upholds The Frye Standard
On October 15, 2018, in the matter of Richard Delisle vs. Crane Co., et al., the Supreme Court of Florida unequivocally reaffirmed that Frye remains the standard for the admission of expert testimony.
United States
19 Nov 2018
The Bitter And The Sweet
On October 3, the Eleventh Circuit Court of Appeals affirmed the district court's approval of a class settlement, an award of attorney's fees to class counsel, and the provision of an incentive award
United States
14 Nov 2018
Timely And Specific: Making Objections To Federal Magistrate Reports
Although it might be obvious to attorneys who routinely practice in the federal courts, for those who do not, it is important that specific and timely objections to a federal magistrate's report...
United States
7 Oct 2018
Innovative Mass Tort Team Resolves Hundreds Of Cases And Slashes Defense Costs
A Fortune 100 manufacturer faced a daunting litigation scenario: it was a named defendant in over 1,000 mass tort actions. Those actions, previously dormant, were now being activated by the court.
United States
23 Aug 2018
Class Notice Online Works Just Fine
In a case involving alleged violations of ERISA and the Mental Health Parity and Addiction Equity Act, the District Court of the Western District of Kentucky certified a class of Anthem Health Plan...
United States
6 Apr 2017
New Amendments To Federal Rules Of Civil Procedure
After a broader set of amendments that took effect Dec. 1, 2015, the Federal Rules of Civil Procedure have once again been amended as of Dec. 1, 2016.
United States
15 Dec 2016
Nothing Shady Where State Statutory Language Restricting Class Actions Is Clear
Six years ago, the U.S. Supreme Court stated in a plurality opinion that "Rule 23 unambiguously authorizes any plaintiff, in any federal proceeding, to maintain a class action if the Rule's requirements are met"...
United States
28 Sep 2016
Contemplating Cross-Appeals – When "Winners" Need To Appeal
One preservation issue that seems to receive less attention than it should is the potential need for a cross-appeal.
United States
21 Sep 2016
Medicare Advantage Organizations May Sue For Double Damages Under MSP Act
On August 8, the Eleventh Circuit Court of Appeals decided an issue of first impression in the circuit under the Medicare Secondary Payer (MSP) Act.
United States
18 Aug 2016
The Eleventh Circuit Decides An Issue Of First Impression Under The MSPA
The Eleventh Circuit's opinion is part of a five-year medical lien reimbursement saga arising out of a personal injury lawsuit.
United States
17 Aug 2016
Texas Court Adjudicates Claim Against Insurer In Receivership
In mid-June, a Texas court adjudicated a dispute between an insurance receiver and an insurer that claimed that it was owed more than twice as much from the insolvent insurer due to a misclassification of its claim.
United States
9 Aug 2016
Illinois Federal Court Denies Motion To Transfer Where Contracts Entered Into And Party Located In Illinois
Earlier this month, a federal court in Illinois denied a motion to transfer a case to California. The motion arose out of a reinsurance dispute between the R&Q Reinsurance Company and American Insurance Company.
United States
4 Aug 2016
Real Property & Title Insurance Update: Week Ending July 29, 2016
Foreclosure/Automatic Stay: because final judgment entered day after defendant's petition for bankruptcy, automatic stay imposed by 11 U.S.C. § 362 was in effect and, thus, judgment was void...
United States
4 Aug 2016
Delaware Chancery Court Finds That Anti-Suit Injunction Bars Trustee Under Reinsurance Trust Agreement From Pursuing Third-Party Litigation Against Insolvent Insurer
The trust agreement secured a reinsurance arrangement that allowed Freestone to do business through Companion in jurisdictions where Freestone was not admitted to sell insurance.
United States
4 Aug 2016
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