Haliczer Pettis & Schwamm, P.A. & Schwamm, P.A. - Personal Injury Attorneys Fort Lauderdale Orlando Medical Malpractice Attorney Florida

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News

Top Headlines
[05/11] Father Arrested in Slaying of Two Girls
[05/11] Judge Approves End of United Pension Plans
[05/11] Jury: Firm Conspired to Defraud Calif.
[05/11] Bush gets $82 billion measure for wartime military operations, other programs
[05/11] Calif. Panels Reject Gay Marriage Ban
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Tort
[05/11] 6 Injured As Two Northwest Planes Collide
[05/11] Ind. Gov. Restricts Cold Medicine Access
[05/10] Amusement Park Manager Faces Murder Trial
[05/10] Woman Killed in Michigan Golf-Cart Crash
[05/10] Bans on Motorized Scooters Increasing
[05/10] GM Recalling 300,000 Trucks, SUVs
[05/10] Ex-Gov. Cuomo Settles Libel Suit
[05/10] Americans Aren't Planning for Hurricanes
[05/10] Airline Passenger Death Ruled an Overdose
[05/10] U.S. toymaker recalls pogo sticks, push toys
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Insurance
[05/11] 20 Health Clinics Receive Grants from Blue Cross Blue Shield of Michigan and Blue Care Network to Serve Uninsured
[05/11] Coalition America Launches Enhanced Web Repricing Technology
[05/10] Swenson High School Students Donate Repaired Van to Aid For Friends Charity to Deliver Meals to Seniors
[05/10] Companion Technologies and InstantDx Release Exclusive Integrated e-Prescribing Module
[05/10] The Main Street America Group to Host Career Fair May 17-18 at Jacksonville Headquarters
[05/10] Canada Diocese to Sell Assets for Victims
[05/06] Passenger Lands Plane After Pilot Dies
[05/04] Aon First-Quarter Net Income Up 18 Percent
[05/03] St. Paul Travelers Profit Falls on Charge
[05/02] Humana Reports Higher 1Q Profit on Medicare
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Litigation
[05/10] Canada Diocese to Sell Assets for Victims
[05/09] Military Confronts Reckless Air Crashes
[05/06] Passenger Lands Plane After Pilot Dies
[05/06] Documents Show Vioxx Sales Tactics
[05/06] Ex-Enron Broadband Engineer Recounts Chaos
[05/05] Gunman Kills 2 at Houston Office Building
[05/04] Canada Won't Appeal Air India Bomb Verdict
[05/04] Kerkorian May Help GM Bondholders Too
[05/02] 2 Killed After Walking in Front of Train
[05/02] Study Confirms: Kids Safest in Back Seat
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Health Care
[05/11] CalbaTech Files Annual Report; Projects $2.2 Million in Revenues in Reagents Division in 2005; Outlines Expectations for Stem Cell Subsidiary
[05/11] PHC, Inc. Announces Record Revenue and Earnings for Its Third Quarter of Fiscal 2005
[05/11] Birner Dental Management Services, Inc. Announces 63.1% Net Income Increase for the 1Q '05 Versus 1Q '04
[05/11] Synovis Life Technologies to Webcast Fiscal Second-Quarter Earnings Conference Call Wednesday, May 25
[05/09] Ga. Governor Signs Bill Banning Smoking
[05/06] Documents Show Vioxx Sales Tactics
[05/04] More visas for nurses, seasonal workers added to Iraq spending bill
[05/04] Voters in Austin Asked to Ban Smoking
[05/02] Humana Reports Higher 1Q Profit on Medicare
[04/29] Study: Mad cow scare cost U.S. beef industry billions; voluntary testing would help
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  Case Summaries

Injury & Tort Law

[08/05] JONATHAN NEIL & ASSOCS., INC. v. JONES
An insurance company's breach of an implied covenant of good faith and fair dealing, through the retroactive overcharging of a premium it knows is not owed, is limited to only contract damages where tort remedies are unnecessary to protect the insured's interests.

[08/05] PETRILLO v. LUBERMENS MUT. CAS. CO.
Iowa law does not impose tort liability on a workers' compensation insurer for bad-faith failure to monitor and direct the medical treatment being furnished by the employer-insured to an injured employee. insurer's duty in this situation is limited to paying workers' compensation benefits to which the employee is entitled.

[08/04] RIVERA v. UNION PAC. R.R. CO.
A jury verdict in favor of plaintiff's negligence action is affirmed. Defendant's motion for a judgment as a matter of law is denied as there was a legally sufficient evidentiary basis for a reasonable jury to render a verdict.

[08/04] FREMONT COMPENSATION INS. CO. v. SIERA PINE
Dismissal of plaintiff-insurance carrier's claim to recoup money from a third-party tortfeasor is reversed on grounds that allowing tortfeasors to escape liability, where plaintiff is subrogated to the rights of a former wife who lacks standing to sue, conflicts with the letter and spirit of Labor Code section 3852.

[08/04] H.C. SMITH INVESTMENTS v. OUTBOARD MARINE CO.
A jury verdict in favor of plaintiff on its negligence claims is affirmed and defendant's appeal, arguing that the district court erred in granting plaintiff's Rule 50 motion and in improperly instructing the jury, is denied.
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Insurance Law

[05/10] Travelers Indem. Co. v. W. Am. Specialized Transs.
The district did not err in ruling that an excess insurance carrier had no claim against a primary insurer for its alleged negligent failure to settle a state court suit within the policy limits of the primary policy.

[05/10] Bullard v. Cal. State Auto. Ass'n
The 2003 amendment to Insurance Code section 11580.2(i), which changed the limitations period from one to two years, is not retroactive.

[05/09] Cordova v. 21st Century Ins. Co.
Victims of the Northridge earthquake are not precluded from obtaining equitable relief from the statutory limitation period of Insurance Code section 2071.

[05/05] Julian v. Hartford Underwriters Ins. Co.
A weather conditions clause of an insurance policy that excludes the peril of rain inducing a landslide does not violate section 530 of the California Insurance Code or the efficient proximate cause doctrine.

[04/29] Romano v. Mercury Ins. Co.
An individual injured by an at-fault driver, who has no insurance because of the insurance company's insolvency, may recover from his own insurance company under the uninsured motorist coverage clause.
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Health Law

[05/10] Sheppard-Mobley v. King
An expectant mother may not recover damages for emotional harm when the alleged medical malpractice causes in utero injury to a fetus that is subsequently born alive.

[04/29] Gill v. Rich
In a receivership action concerning a trust providing an alternative to medical malpractice insurance, an assessment levied onto members of the failed trust is affirmed where defendants cannot rescind their contracts with the trust.

[04/28] Blossom View Nursing Home v. Novello
The New York State Department of Health is not required by its regulations to notice or commence an audit of Patient Review Instruments within six years of filing.

[04/26] Bellum v. PCE Constructors, Inc.
Summary judgment against plaintiff's claim under the Family and Medical Leave Act (FMLA) is affirmed where the district court properly determined that plaintiff was not an "eligible employee" under the FMLA.

[04/21] Wilson v. US
The Court of Federal Claims correctly decided that the scheme for comprehensive administrative and judicial review set forth in the Medicare Act preempts Tucker Act jurisdiction over plaintiff's claim for reimbursement.
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Legal Malpractice

[05/02] Kovacs v. Chesley
In a legal malpractice suit, dismissal of plaintiff's complaint for lack of federal diversity jurisdiction, for failure to meet the amount in controversy requirement, is reversed where it does not appear to a legal certainty that her claim is for less than $75,000.

[04/11] Young v. City of Providence
Sanctions issued against plaintiffs-attorneys are reversed where the district court erred in finding that plaintiffs had violated Rule 11 of the Federal Rules of Civil Procedure.

[04/06] Wilson v. Gunn
Plaintiff's medical malpractice claim against a federally-funded physician was properly dismissed where it was barred by the two-year statute of limitations.

[03/30] Francies v. Kapla
In a complaint for invasion of privacy, based on an allegation that defendant improperly disclosed plaintiff's HIV status, judgment in favor of plaintiff is reversed with respect to the trial court's incorrect calculation of recoverable damages.

[03/29] People v. Andrades
Defense counsel's disclosure to the court that his client had offered perjured testimony did not deprive defendant of a fair hearing or of the effective assistance of counsel.
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Professional Malpractice

[05/02] Kovacs v. Chesley
In a legal malpractice suit, dismissal of plaintiff's complaint for lack of federal diversity jurisdiction, for failure to meet the amount in controversy requirement, is reversed where it does not appear to a legal certainty that her claim is for less than $75,000.

[04/11] Young v. City of Providence
Sanctions issued against plaintiffs-attorneys are reversed where the district court erred in finding that plaintiffs had violated Rule 11 of the Federal Rules of Civil Procedure.

[04/06] Wilson v. Gunn
Plaintiff's medical malpractice claim against a federally-funded physician was properly dismissed where it was barred by the two-year statute of limitations.

[03/30] Francies v. Kapla
In a complaint for invasion of privacy, based on an allegation that defendant improperly disclosed plaintiff's HIV status, judgment in favor of plaintiff is reversed with respect to the trial court's incorrect calculation of recoverable damages.

[03/29] People v. Andrades
Defense counsel's disclosure to the court that his client had offered perjured testimony did not deprive defendant of a fair hearing or of the effective assistance of counsel.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © by Haliczer Pettis & Schwamm, P.A., Attorneys at Law - Fort Lauderdale & Orlando, Florida. Haliczer Pettis & Schwamm, P.A., a Fort Lauderdale Law Firm & Orlando Law Firm, is able to assist clients in the areas of personal injury, medical malpractice, workers compensation, insurance defense, motor vehicle accidents, hospital and healthcare law, litigation and appeals in Florida. It's lawyers & attorneys practice in the areas of personal injury, medical malpractice, workers compensation, insurance defense, motor vehicle accidents, hospital and healthcare law, litigation and appeals in Florida.