The Florida Supreme Court in a recent Opinion ended the disparate rendering of summary judgment rulings between the Florida federal and state courts by officially adopting the more liberal federal summary judgment standard. The amendment will take effect on May 21, 2021, aligning Florida with 37 other states which have adopted a similar federally consistent rule.
No, I am not talking about Ghostbusters! I am talking about the recent amendment to Federal Rule of Civil Procedure 30(b)(6) which imposes a new “meet-and-confer” requirement on parties concerning depositions of “organizations.”
Byrd Campbell filed a libel lawsuit on behalf of Orange County Property Appraiser, Rick Singh, against a political PAC called “Florida Public Corruption Task Force,” alleging the PAC engaged in a smear campaign to ruin the political, professional, and personal reputation of Mr. Singh.
Unique among legal systems, the American legal system, for example, allows attorneys to undertake representation on a “contingency fee” basis, a fee structure abhorrent to some legal systems which believe such fee structures promote unjustified litigation.
More than ever before, lawyers are threatening opposing lawyers with personal legal sanctions, accusing them of bringing or maintaining so-called “frivolous” claims or defenses.
Byrd Campbell represents contractor Validus Construction Services in major legal battle with Disney over Disney World's Saratoga Springs Resort & Spa
Byrd Campbell filed a civil action against the owner of the National Enquirer in Orange County Circuit Court, Complex Business Litigation Division, on behalf of its attractions client, Front Page Attractions, alleging breach of a licensing agreement and fraud involving a theme park project based on the iconic magazine.
Byrd Campbell announces the launching of a national litigation task force dedicated to pursuing business interruption insurance claims. Given the economic devastation caused by the so-called “COVID-19 Crisis,” estimated to be $380 Billion a month, accountability to restore losses lies with many, including the insurance companies whose policies guard against this type of loss. In anticipation of an onslaught of claims, insurance companies have tried to draw the proverbial line in the sand to discourage insureds, unabashedly announcing they have no intention of paying claims, leaving insureds with little chance but to enlist the help of legal counsel to pursue their rights.
Corporate trial lawyers who practice their craft in the courtroom—particularly those not inclined to pore over legislative updates—may have overlooked some of the recent important changes to the Florida Business Corporation Act (“Act”) effective January 2, 2020, § 607.0101, et seq., F.S., which could have a big impact on their cases. The changes were principally made to harmonize the rules relating to corporations and limited liability companies and were largely derived from the Model Corporation Act.
Facing a deluge of claims and lawsuits by business owners devastated by COVID-19 to hold the insurance industry accountable for business interruption insurance coverage, the industry has adopted a preemptive strike lawsuit strategy in hopes of gaining a tactical litigation advantage. The objective appears simple: snuff out claims, intimidate insureds, and break the spirits of any would-be claimants. Classic military strategy endorses this “strike before struck” approach.
While politicians and business pundits debate about ways to salvage the economy with stimulus packages and the phased reopening of society, the pandemic has had a silent but devastating toll on faith-based organizations which have suffered a staggering decline in financial support. Even the most ardent believers, living with the fear of losing their jobs, find it hard to support their favorite faith-based organization to the same degree.
COVID-19 is clearly having, and will continue to have, a lasting impact on the securities industry. The pandemic has now negatively impacted almost all industries, some more than others. Airlines, hospitality, restaurant, oil, and general retail businesses have suffered inordinate losses. But just because the market at large has suffered, does not mean that you should have suffered comparably. In fact, depending upon your age, net worth, and risk tolerance, you may have needlessly suffered altogether.