Florida’s Third District Court of Appeals handed down a ruling against a condominium association who failed to repair a buckled section of carpet in a common area of the condominium. The injured plaintiff and other condominium owners had repeatedly complained to the Board of Directors of the Association about the…
South Florida Personal Injury Lawyers Blog
Supreme Court Assesses Liability of Generic Drug Makers
The U.S. Supreme Court recently heard arguments regarding whether or not federal law regulating generic drugs preempts New Hampshire’s design-defect law. The case may determine whether or not the injured plaintiff is able to recover from the generic manufacturer. The trial court and lower appellate court found that federal law…
Florida Appellate Court Grants Mistrial to Injured Plaintiff
The Florida District Court of Appeal issued an opinion in Howard v. Palmer, granting a new trial to the plaintiff. Defense counsel repeatedly made improper statements during the trial implying the plaintiff’s actions were all centered around suing the defendant. Florida case law has established precedent against statements made during…
Florida Governor Declares March as Developmental Disabilities Month
Gov. Rick Scott declared March 7th to be Developmental Disabilities Day and March as Developmental Disabilities Month. The declaration of honorary titles highlighted the announcement that 36 million dollars of much needed funding would be budgeted in the 2013-2014 fiscal year to the Agency for Persons with Disabilities. More people…
Florida Court of Appeals Allows Construction Worker to Sue Fellow Subcontractor for Gross Negligence
Florida’s First District Court of Appeals recently issued two opinions in one case, Villalta v. Cornn Intl., that assessed whether workers’ compensation statutory immunity applied to a contractor and subcontractor. A construction worker was finishing drywall when his ladder slipped into a cutout left by other subcontractors. He fell through…
Fatal Allergic Reactions Leads to Anemia Drug Omontys Recall
The Food and Drug Administration (F.D.A.) has posted a notice that Affymax and Takeda Pharmaceuticals have recalled their drug, Omontys, or peginesatide, designed to treat anemia. It has received 19 reports of a severe allergic reaction, where three patients died and others required medical intervention. The pharmaceutical companies have explained…
South Florida a Leader in Recovering Wages for Employees Denied Wages
The “wage theft” Miami-Dade County ordinance, enacted in 2010, has entered the national spotlight as an example of local legislation created to solve a problem that plagues much of Florida and other states around the country. The program was created to help employees recover funds that are owed by employers…
Florida Apartment Shooting Generates Questions of Landlord Liability
Recently in Florida, three people were shot while walking in an apartment’s public space by an unknown number of suspects. Two of three died from their injuries and one remained wounded. The apartment is in a gated residence. Crime in apartment complexes or other public spaces are common, and accountability…
Understanding the Limits of a Cruise Ship Contract
News of the now-infamous Carnival cruise ship, Triumph, has filled Twitter accounts, web pages, and air waves with tales of long lines for food and failed toilets. Pictures of disembarked travelers kissing the ground wearing Carnival robes marked the end of five days at sea floating in the Gulf of…
Nationally Available Dietary Supplement with DMAA Under Scrutiny Following Military Deaths and FDA Warning
Jack3d, which is sold at health stores in Florida and across the U.S., has been at the forefront of concern as one of several dietary supplements that contain dimethylamylamine, or DMAA. Several companies use the main ingredient DMAA in dietary supplements advertised to maximize your energy, concentration, and metabolism. Dietary…