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Recent Posts

UPDATE: DOES FLORIDA STATUTE s. 725.06 APPLY TO (HORIZONTAL) UTILITY CONTRACTS?

Posted on 6 May, 2018
In a prior article, I discussed a recent case that held that Florida Statute s. 725.06--the statute that governs indemnification provisions where the indemnitor is required to indemnify the indemnitee for personal injury or...

UNDERTAKER’S DOCTRINE IN NEGLIGENCE CLAIMS — NO GOOD DEED GOES UNPUNISHED?

Posted on 4 May, 2018
There are many times the old adage, “No good deed goes unpunished,” rings true.  At one point in time, or more likely many points in time, we have all felt this why.  We undertook a good deed only to feel unappreciated or the good deed backfires.

WHAT IS THE FALSE CLAIMS ACT? WHAT IS A QUI TAM ACTION? WHAT IS A RELATOR’S PURPOSE?

Posted on 28 April, 2018
What is the False Claims Act?  What is a qui tam action?  What is a relator's purpose?   If you have asked these questions, the Eleventh Circuit in U.S. ex rel Hunt v. Cochise Consultancy, Inc., 2018 WL 1736788, *3-5 (11th...

THERE ARE TIMES AN EQUITABLE SUBROGATION CLAIM IS THE MOST PRACTICAL RECOURSE FOR REIMBURSEMENT

Posted on 22 April, 2018
Equitable subrogation is a claim that can be pursued when a party (referred to as the subrogee) pays for damages to protect its interest--perhaps to mitigate its own exposure--seeks reimbursement from another party primarily liable for the...

SUING A PUBLIC ENTITY FOR NEGLIGENT MISREPRESENTATION …NOT SO FAST

Posted on 14 April, 2018
  Suing a public entity for negligent misrepresentation…let’s just say, is not that easy.  Not that easy at all!  Putting aside the doctrine of sovereign immunity (the doctrine that the king can do no wrong), a public entity does not...