Florida Bar Journal articles from April 2001

Florida Bar Journal archives from April 2001

Historic protection for Florida's navigable rivers and lakes.
April 1, 2001... This past spring, in what was perhaps the most controversial environmental issue of Florida's 2000 legislative session, the legislature considered but failed to pass legislation concerning ownership of "sovereignty lands"--Florida's publicly...

Fraudulent inducement claims should always be immune from economic loss rule attack.(Florida law)
April 1, 2001... As commentators have noted,(1) since the Florida Supreme Court's 1996 decision in HTP, Ltd. v. Lineas Aereas Costarricenses, S.A., 685 So. 2d 1238 (Fla. 1996), lower courts have struggled to determine when, if ever, the economic loss rule (ELR)...

The beauty and the beast in the workplace: appearance-based discrimination claims under EEO laws.
April 1, 2001... In today's world there is one thing that can be said with absolute certainty: Appearance matters. Our society is obsessed with appearance. Appearance is the focus of many books sold in local bookstores. It is the topic of many self-help...

Proposals for settlement in PIP Cases: Should U.S. Security Ins. Co. v. Cahuasqui be overturned?(personal injury protection)
April 1, 2001... In U.S. Security Ins. Co. v. Cahuasqui, 760 So. 2d 1101 (Fla. 3d DCA 2000), the Third District Court of Appeal held for the first time that a proposal for settlement served pursuant to F.S. [sections] 768.79 and Fla. R. Civ. P. 1.442 is...

The 1999 revised Medicaid third party liability and estate recovery laws: how to satisfy the liens and preserve the client's public assistance.(Florida law)
April 1, 2001... Imagine, if you will, that you are a trial attorney who has successfully settled a lawsuit for a client who was injured due to the negligence of a third party. Imagine further that either as a result of, or subsequent to, the incident the...