Civil Litigation
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Total Immunity Cases: 14
An employee was injured while lifting concrete blocks at work, and he filed a workers’ compensation claim. The employer and its insurance carrier denied the claim in its entirety and paid the employee no benefits. The employee then dismissed that claim and filed a personal injury suit against the employer. The employer moved for summary judgment on the basis that it was due workers’ compensation immunity, but the trial court denied that motion. The district court affirmed, holding that the employer was estopped from claiming workers’ compensation immunity after denying the employee’s claim. The district court noted that the arguments the employer made against the claim and the suit were “irreconcilable.”
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Robinson v. Bocci
27 Fla. L. Weekly D2264 (Fla. 2nd DCA October 25, 2002)
2002-10-25
IMMUNITY
A jury
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Trial court erred in granting summary judgment to defendant where the evidence was conflicting as to defendant
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The Fourth District Court of Appeal held that once an insurance company reserves its right to deny coverage, the insured had the right to take control of the case and defend his/her interests. In addition, even if the insured violated the notice provision in the insurance policy, the insurance company has suffered no prejudice as a result of that violation and cannot defend its duty to reimburse the insured's expenses.
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Neither the right of privacy nor Florida or federal consumer protection acts prohibit disclosure of past and current employees
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A plaintiff
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Sosnick v. McManus
27 Fla. L. Weekly D1097 (Fla. 4th DCA, May 17, 2002)
2002-05-17
IMMUNITY
Appellee sued appellant estate personal representative for replevin of personal property. The appellant counterclaimed for a declaratory judgment as to estate tax liability. The appellant, through her attorney, made a proposal for settlement to the appellee
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Independent contractors are responsible for 100% of FICA, whereas the normal employer-employee relationships split FICA equally between employer and employee. The court found that, because FICA is silent as to whether employees can sue an employer for the improper payment of FICA taxes, a private cause of action cannot be implied from the language, structure, or legislative history of FICA. The purpose of FICA is a tax to fund government programs, and therefore, was not intended to allow a private right of action.
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US v. Pepper
15 Fla. L. Weekly Fed. C498a (11th Cir. Apr. 25, 2002)
2002-03-25
IMMUNITY
The court certified a question to the Florida Supreme Court asking whether
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The appellate court indicated initially that the trial court improperly applied Florida
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An insured who was allegedly denied coverage for colon cancer treatment filed suit against her insurer. The insurer
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A private members-only, not-for-profit corporation is not immune from liability under
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Plaintiff was an employee of an alligator farm who lost his arm to a crocodile that had been borrowed from the defendant by plaintiff
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An employee can bring a 440.205 claim even though his or her employment was not terminated. There may be a workers
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