West Palm Beach Personal Injury Law Firm

New Child Restraint Laws Set To Change January 1, 2015

Dec 29, 2014 • Clark Fountain Staff

In 2013 five children were killed and 152 injured in Florida wrecks as a result of improperly fitted, possibly inappropriate restraints or in some cases no child restraints what so ever. 2014 sees ...

Thinking of Drinking These Holidays? Have a Plan.

Dec 26, 2014 • Clark Fountain Staff

Thinking of Drinking These Holidays? Have a Plan to Get Home Safe or Face Deadly Consequence Most people do not plan on drinking and driving. In fact, most people do not have a plan at all when it ...

Florida Law Weekly - Cases From Week Of December 12th, 2014

Dec 22, 2014 • Julie Littky-Rubin

THE WEEK IN TORTS Download PDF Here “Can Use Party’s Video in Closing” FLORIDA LAW WEEKLY VOLUME 39, NUMBER 50 CASES FROM THE WEEK OF DECEMBER 12, 2014 NO ABUSE OF DISCRETION IN DENYING DEFENDANT’S ...

Causes of Tire Failure: Belt Separation

Dec 17, 2014 • Clark Fountain Staff

Causes of Tire Failure: Belt Separation According to a National Highway Traffic Safety Administration survey, nine percent (9%) of vehicle collisions involved vehicles that had issues with the tire ...

Florida Law Weekly - Cases From Week Of December 5th, 2014

Dec 16, 2014 • Julie Littky- Rubin

THE WEEK IN TORTS Download PDF Here Jurors Cough Up Their Phones FLORIDA LAW WEEKLY VOLUME 39, NUMBER 49 CASES FROM THE WEEK OF DECEMBER 5, 2014 SUPREME COURT APPROVES INSTRUCTION ON JURORS’ USE OF ...

Nancy LaVista in The Palm Beach Post

Dec 15, 2014 • Clark Fountain Staff

Attorney Nancy LaVista Once upon a time, lawsuits were not the secret they are now. Court filings included settlements, instead of anonymous pleadings dismissing the case with no fault recognized. ...

Florida Law Weekly - Cases From Week Of November 28th, 2014

Dec 10, 2014 • Julie Littky-Rubin

THE WEEK IN TORTS Download PDF Here “Can Depose Big Execs in FL” FLORIDA LAW WEEKLY VOLUME 39, NUMBER 48 RULE 1.310(B)(6) DOES NOT PREVENT A PARTY FROM DEPOSING OFFICERS NOT IDENTIFIED BY THE ...

Rear-end Accidents: The Presumption of Fault

Dec 10, 2014 • Clark Fountain Staff

Ask the average person on the street who’s at fault in a fender bender, and chances are that you’ll hear a unanimous response pointing the finger at the rear-ending driver. While that may not be true ...

Are Truck Crash Injury Claims Different from Auto Injury Claims?

Dec 8, 2014 • Clark Fountain Staff

A truck collision personal injury claim typically involves either a tractor trailer or other large commercial vehicle, which collides with an automobile, motorcycle or another commercial truck. Truck ...

Multi-National Corporations with Foreign Subsidiaries

Dec 8, 2014 • Clark Fountain Staff

One of the most frustrating aspects of litigating product liability cases stems from global, multi-national corporations, set up their corporate structure with foreign subsidiaries, to enable them to ...

Florida Law Weekly - Cases From Week Of November 21st, 2014

Dec 3, 2014 • Julie Littky - Rubin

FLORIDA LAW WEEKLY Download PDF Here Volume 39, Number 47 CASES FROM THE WEEK OF NOVEMBER 21, 2014 ERROR TO ENFORCE SETTLEMENT WHEN NO MEETING OF THE MINDS ON EVERY ESSENTIAL ELEMENT OF THE AGREEMENT. ...

Understanding How the Eleventh Circuit Applies the Daubert Standard to Products Litigation

Dec 1, 2014 • Clark Fountain Staff

A recent decision by the United States Court of Appeals for the Eleventh Circuit highlights how federal courts in the Eleventh Circuit apply the Daubert standard when considering the admissibility of ...

Using Cell Phone Records As Evidence

Nov 26, 2014 • Clark Fountain Staff

Discovery of Cell Phone Records In the era of the smart phone, the discovery of cell phone records by defendants seeking to pin responsibility on injured plaintiffs is becoming more and more common. ...

What is the Duty Owed in a Florida Products Liability Case?

Nov 25, 2014 • Clark Fountain Staff

There are generally four categories of products liability claims . These include claims based on negligence, strict liability, and breach of warranty. Under Florida law (as well as in most states), a ...

Florida Law Weekly - Cases From Week Of November 14th, 2014

Nov 24, 2014 • Clark Fountain Staff

FLORIDA LAW WEEKLY Download PDF Here Harmless or harmful?! VOLUME 39, NUMBER 46 CASES FROM THE WEEK OF NOVEMBER 14, 2014 SUPREME COURT ADOPTS “NO REASONABLE POSSIBILITY” TEST FOR HARMLESS ERROR. ...

Service In A Foreign Land

Nov 24, 2014 • Clark Fountain Staff

SERVICE IN A FOREIGN LAND IASC TREATY OR HAGUE CONVENTION, SUBSTITUTED SERVICE When most of us find out that a defendant who has committed a tort in the United States actually lives somewhere outside ...

Chrysler Urged to Expedite Jeep Fuel Tank Recall

Nov 22, 2014 • Clark Fountain Staff

On November 19, 2014, the National Highway Traffic Safety Administration (the “NHTSA”), issued a letter to Chrysler Group LLC urging Chrysler to more aggressively seek out owners affected by the ...

Chrysler Recalls Over 300,000 Dodge Ram Trucks

Nov 20, 2014 • Clark Fountain Staff

On October 8, 2014, Chrysler issued a recall for over 314,000 Ram 2500, 3500, 4500 and 5500 trucks. According to information filed with the National Highway Traffic Safety Administration (the ...

Florida Law Weekly - Cases From Week Of November 7th, 2014

Nov 19, 2014 • Julie Litky - Rubin

THE WEEK IN TORTS Download PDF Here “PIP PIP Goose” FLORIDA LAW WEEKLY VOLUME 39, NUMBER 45 CASES FROM THE WEEK OF NOVEMBER 7, 2014 WHERE TRIAL COURT RULED THAT THE ISSUE OF THE PIP SETOFF WOULD BE ...

Social Media Discovery and Preservation of Evidence

Nov 17, 2014 • Olivia D. Liggio

Social media sites are evidentiary tools that can be used by defense counsel to negatively impact your clients' personal injury claim. Clients are frequently subject to intrusive discovery requests ...

Tire Manufacturer's Document Retention Procedures May be Used Against it in Tire Defect Trial

Nov 12, 2014 • Clark Fountain Staff

Plaintiffs in a tire defect case routinely seek through discovery the defective tire's component information, blueprints and related design specifications. What happens, however, when the tire ...

Florida Law Weekly - Cases From Week Of October 31st, 2014

Nov 11, 2014 • Julie Littky - Rubin

FLORIDA LAW WEEKLY Download PDF Here VOLUME 39, NUMBER 44 CASES FROM THE WEEK OF OCTOBER 31, 2014 COURT FINDS THE ARBITRATION AGREEMENT REQUIRED IN A DOCTOR’S PATIENT PAPERWORK VIOLATES THE PUBLIC ...

An Update on the Daubert Standard in Florida

Nov 10, 2014

In 2013 the Florida Legislature amended Florida Evidence Code § 90.702 to adopt the test of admissibility of expert testimony as provided for in Daubert v. Merrell Dow Pharmaceuticals, Inc. , 509 U.S. ...

Florida Law Weekly - Cases From Week Of October 23rd, 2014

Nov 5, 2014 • Julie Littky - Rubin

FLORIDA LAW WEEKLY Named Insured Can Reject UM for All VOLUME 39, NUMBER 43 CASES FROM THE WEEK OF OCTOBER 24, 2014 SUPREME COURT HOLDS FAMILY VEHICLE EXCLUSION FOR UM BENEFITS DOES NOT CONFLICT WITH ...

KYMCO Recalls ATVs Due to Burn and Fire Hazards

Oct 29, 2014 • Clark Fountain Staff

KYMCO is recalling model year 2013, 2014 and 2015 MXU 700 all-terrain vehicles (ATVs) including standard, LE and Camo versions. According to the U.S. Consumer Product Safety Commission , the fuel cap ...

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