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Month: June 2013

By Jacek Stramski / Posted onJune 25, 2013

When Medical Malpractice Arbitration Agreements May Violate Public Policy

In Franks, etc. v. Bowers, et al. (SC11-1258), the Florida Supreme Court found that an agreement for the arbitration of medical malpractice claims that does not contain the statutory reciprocal incentives for arbitration provided in certain provisions in the Medical Continue Reading …

By Jacek Stramski / Posted onJune 25, 2013

The Deference Afforded to a Plaintiff's Choice of Forum in Florida is Not Limited to Florida Residents

On June 20, 2013, the Florida Supreme Court issued its opinion in Cortez v. Palace Resorts, Inc., et al. (SC11-1908), where it considered whether the forum non conveniens doctrine was properly applied in a lawsuit brought in Florida by a Continue Reading …

By Jacek Stramski / Posted onJune 1, 2013

The Validity of Attorney's Fees Alternative Recovery Clauses

Alternative fee recovery clauses in attorney’s fees agreements that use an hourly rate as the other basis for payment are valid, even if the alternative fee provision would result in higher fees due to the attorney than under the hourly Continue Reading …

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