People harmed in accidents by the negligence of others often have available to them other sources, such as private insurance and governmental programs, to provide lost wages and medical benefits while they wait to be compensated by the tortfeasors (at-fault parties) for their losses. Florida Statute 768.76 calls these other…
With all of the talk in the country about right-wing legislation mandating transvaginal ultrasounds for woman seeking abortions, another transvaginal issue is coming to light as placing woman at risk of injury and death. In recent years,Johnson & Johnson, C.R. Bard, Caldera and numerous other manufacturers have encouraged doctors to…
“Chinese Overtime” is allowed under the Fair Labor Standards Act (FLSA). See Overnight Motor Transp. Co. v. Missel, 316 U.S. 572 (1942) and 29 C.F.R. Section 778.114 (2010). It only comes into play for employees paid in accordance with the fluctuating workweek method. Fluctuating workweek pay is a salary as…
For those who think that all politicians are alike, that it doesn’t matter who is elected, think again. One need only look at what happened in the Florida legislature on Friday, March 9, 2012, to debunk the notion. Tea-party darling Florida Governor Rick Scott and his right-wing Republican cohorts rammed…
Now you have it, now you don’t. This is a disappointment every plaintiff’s personal injury lawyer experiences when learning that a wrongdoer’s bodily injury insurance coverage is negated by a “Named Driver Exclusion.” Hope is crushed like the vehicle in this blog. The declarations page of a motor vehicle insurance…
In Stuart v. Hertz Corporation, 351 So.2d 703 (Fla. 1977), the Florida Supreme Court decided that the Hertz Corporation, whose vehicle injured a woman in an accident, was liable for the injuries she sustained from medical negligence while receiving care for her original injuries, and that Hertz could not bring…
When motor vehicle accidents cause serious personal injuries, it is not uncommon for PIP benefits to exhaust before all necessary medical care has been received. When health insurance carrying a large deductible is available, does the amount paid by PIP count against the deductible? The likely answer is Yes. However,…
Sometimes workers are hurt in the course and scope of their employment by the negligence of third parties. Third parties in this context are entities other than those entitled to workers’ compensation immunity. Employers and some subcontractors are entitled to the immunity. Those that are not must pay damages in…
Most people do not know that many doctors who work in hospitals are not hospital employees, but independent contractors. This is not a distinction without meaning. The distinction can have significant legal consequences for the victims of medical negligence seeking to be fairly compensated for harm done, especially catastrophic damage.…
We are finding that more and more employers are switching from paying wages based on set schedules to only paying for work performed. Although the practice has been in place for years, it seems to become more prevalent during tough economic times. Whether the practice is allowed under the FLSA…