Florida Arbitration Law.com Florida Mediation Law.com
Intended for businesses and consumers, as well as lawyers, this blawg discusses often-conflicting arbitration standards and practices throughout Florida, in a variety of businesses.
Author: Christopher B. Hopkins is a lawyer at Cole, Scott & Kissane in West Palm Beach, Florida.
Blawg Related Categories: Alternative Dispute Resolution • Law Practice Management • States • Florida
Recent Posts from Florida Arbitration Law.com Florida Mediation Law.com
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Fourth DCA Bars Production of Records Used to Refresh Memory BEFORE Deposition
We're traditionally quite comfortable straying a bit from the topics of ADR and have braved issues like 57.105 and Proposals for Settlement since they are, indeed, alternative forms of relief. So let's stretch our reach…
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Exculpatory Clause Not Enforceable in Home Building Contracts, Says 5th DCA
Exculpatory clauses (or "liability waivers") cannot be in a new home construction contract, says the Fifth District in Sue and Warren Loewe v. Seagate Homes, Inc. Not that people are building new homes these days…
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Order Confirming Arbitration Award is NOT a Final Judgment
Don't you hate it when you find out that your friends have been out having fun without you? Such is the case with this local West Palm Beach appeal involving colleagues Bard Rockenbach and Robert…
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Attention Campers and YMCA / Gym Members: Is that Liability Waiver Binding?
In an early summer post, we mentioned a May 2008 decision where the Fifth DCA refused to enforce an exculpatory clause / liability waiver for a 5-year old camper. A large number of gyms, camps,…
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Fourth DCA Upholds Employer's Unsigned Dispute Resolution Policy
About a year ago, the First Circuit (federal court) held that General Dynamics' attempt to implement an arbitration program -- distributed to employees by email only -- was not enforceable. Some took this opinion to…
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Illinois Courts Handle Nursing Home Arbitration Questions... Poorly
It is not uncommon for court opinions to take the time to really single out an attorney, or actions by an attorney, in order to press the court's own point. A lot of times those…
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Mediation Settlement Agreement Voided (Attending Mediation Without Full Authority)
There is a conundrum, particularly for insurance defense lawyers, regarding what it means to attend mediation with a client representative who has "full authority" to settle the case. Does that mean a reasonable sum in…
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Florida Arbitration Law on Twitter.com
We seem to have developed a bit of an internet following in the legal blogosphere, based upon your emails and discussions I've had with people at Bar conferences. In taking FloridaArbitrationLaw.com to the next stage,…
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Yellow Pages Agreement Limits Arbitration to Non-Collection Cases
Pick up a copy of the yellow pages and you'll see a number of ads dotting the cover, most of them personal injury lawyers. Not that there's anything wrong with that. Ever guessed what yellow…
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Second District Nursing Home Opinion Upholds Arbitration After Severing Portions
After a brief respite, we return to our regularly scheduled posting beginning with the interesting case of Gayle Shotts v. Tandem Health Care of Winter Haven, OP Winter Haven, Inc.; Tandem Regional Management of Florida,…