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Litigation

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Third DCA Upholds Strict Compliance Requirement for Florida Construction Lien Law

January 31, 2012

On October 5, the Third DCA held that strict compliance with Florida’s construction lien laws is a condition precedent to a claim against a payment bond. What was likely a scrivener’s error [...]

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    Palm Beach County Jury Finds That Municipality Did Not Selectively Enforce Its Building Code Nor Retaliate Against Home Owners

    January 31, 2012

    Recently, Daniel L. Abbott and Daniel A. Seigel successfully defended the Town of Manalapan in Palm Beach County and its elected officials in a jury trial brought by a home owner who attempted to [...]

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      Federal Limits on Expert Discovery

      January 31, 2012

      Every lawyer who has ever worked with experts knows the rule: everything is discoverable. Except in federal court. On December 1, 2010, amendments to the Federal Rules of Civil Procedure took [...]

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        Litigators Continue to Roll: WSH Successfully Enjoins Million Dollar Party Host From Violating Village Code

        January 31, 2012

        On Wednesday, WSH litigators achieved a big win for the Village of Indian Creek in an emergency injunction trial before the Miami-Dade County Circuit Court. The owner of an unoccupied [...]

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          Litigation Holds: What Are They And When Do You Need One?

          January 31, 2012

          When someone files a lawsuit, or reasonably anticipates one, many courts hold that a duty arises at that time to preserve all information that might be relevant to the dispute. Particularly when [...]

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            American Bar Association Identifies a Significant Number of White House Potential Judicial Nominees as “Not Qualified”

            January 31, 2012

            The American Bar Association (“ABA”) has secretly dismissed a significant number of President Barack Obama’s potential federal judicial nominees as “not qualified.” The ABA’s judicial [...]

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              CGL Coverage for Construction Defects: What Triggers a Carrier’s Obligation to Defend or Indemnify Its Insured

              January 31, 2012

              Insurance coverage for property damage is standard on most construction projects, from the General Contractor down to lowered-tiered subcontractors. All too often, damage caused from construction [...]

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                Eminent Domain Valuation in a Falling Market Poses Questions for Condemning Authorities

                January 31, 2012

                In 2006, a condemning authority notifies the public that it intends on widening Congestion Drive, and that it will need to acquire 10 feet of right of way on the North side of the road.  The [...]

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                  Florida Legislature Amends State Law To Reduce Restrictions On Firearms

                  January 31, 2012

                  The Florida Legislature recently revised Florida Statute § 790.33 (the “Penalties for Violating Firearms Preemption Law” or “PVFPL”) to require that every municipality or [...]

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                    Hialeah Park Gambles On Constitutionality of New Law Before First DCA In Slot Machine Case

                    January 31, 2012

                    On September 7, the First District Court of Appeal heard arguments in an appeal challenging slot machines at Hialeah Park. In 2010, the Florida Legislature passed a law permitting slot machines [...]

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