Fisher Rushmer Articles

In the United States, there is no comprehensive federal privacy law. Instead, there are industry-specific laws that regulate privacy for those sectors. There are also states that have enacted privacy regulations applicable to companies conducting businesses in those states and providing goods or services to residents of those states, most notably the California Consumer Privacy Act (CCPA or the Act).¹ The CCPA provides consumer protection and strict privacy rights covering a broad range of businesses. While there are strict privacy laws regulating certain sectors, such as the health care and...

Fisher Rushmer, P.A. has successfully defended a client against a $17 million lawsuit for breach of contract, among other claims. The Orlando, FL court handed down the 88-page ruling, in the Circuit Court of the Ninth Judicial District in Orange County, Florida. [LEGACY DEVELOPMENT SERVICES, LLC v. LALU INTERNATIONAL, LLC, NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA, CASE NO.: 2016-CA-3201-0, BUSINESS COURT].The case involved a Development Management Agreement (DMA). The Plaintiff hired the Defendant to develop land close to Disney's Animal Kingdom in Osceola County, Florida. The...

On December 31, 2020, the Florida Supreme Court, of its own volition, made changes to Florida’s Summary Judgment standard, aligning Florida Rule of Civil Procedure 1.510 with the Federal standard. Florida also joins thirty-seven other states in the nation in the application of the Federal standard when ruling on summary judgment motions.^[1]

As a continuation of our recent primer article on Florida Construction Defect Cases - The Statute of Repose, my law partner Stephanie Preston and I generated this additional primer based on some frequent questions & common issues which often arise in construction defect and construction PD cases. The following is a primer on Chapter 558 of the Florida Statutes, which affects both construction companies and their insurance companies that insure for property and casualty.

Recently my law partner Stephanie Preston and I generated this primer based on some frequent questions & common issues which often arise in construction defect and construction PD cases. The following primer is on The Statute of Repose for Construction Defect Cases, which affects both construction companies and their insurance companies that insure for property and casualty. It's important to understand the purpose and the limitations of this statute.

Fisher Rushmer, P.A. congratulates attorney Joseph L. Amos, Jr. for receiving the Best Lawyers 2021 “Lawyer of the Year” award for Professional Malpractice Law – Defendants in Orlando Florida.

Fisher Rushmer, P.A. congratulates 5 of its attorneys who were included in the 27^th edition of The Best Lawyers in America^©. First published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence.

Making Reorganization More Friendly for Small Business Debtors

Reorganization under Chapter 11 of the Bankruptcy Code creates many difficulties for a small business debtor. Many small businesses fail in Chapter 11 or avoid Chapter 11 because of:

COVID-19 Strikes Again…This Time in the Nation’s Courthouses

As the consequences of COVID-19 infections unfold – with already felt countrywide and global financial impacts – many U.S. businesses are scrambling to assess and recover income, resources, and “lost opportunities,” some simply to keep their doors open.

It shouldn’t surprise us then that many companies and industries are attempting to recoup losses through their insurance policies.

A bill passed last year by the 2019 Florida legislature now expands the authority of county courts. While referred to by one legislator as a “quiet restructuring,” the new law could potentially have significant implications for civil suits; for example, those involving uninsured or underinsured motorist claims.

Last summer Florida’s 4^th DCA issued a generally helpful and instructive ruling, confirming the Florida legislature’s reinstatement of “Daubert” as the legal standard for admissibility of expert testimony. (Kemp v. State, 44 FLW D1974 – 7/31/19) While the opinion involves a criminal case, the decision and its basis are relevant, applicable, and important for civil cases.

Fisher Rushmer, P.A. is proud to announce that five (5) of their attorneys are once again included in The Best Lawyers in America^© 2020 edition.

Joseph L. Amos, Jr., Managing Shareholder for Fisher Rushmer, P.A.,will serve as a featured speaker for the White Hat/Black Hat with Gray Matter: Advanced Mediation Advocacy for Plaintiff and Defense Counsel and Their Clients seminar on June 13, 2019.

Fisher Rushmer, P.A. has recently been named a 2019 "Best Law Firm" in Orlando for six practice areasby U.S. News – Best Lawyers®. Our firm was recognized in four Orlando Tier 1 practice areas, one Orlando Tier 2 practice area, and one Orlando Tier 3 practice area.

How to Respond?

ANSWER:  Prudence, Not "Perfection," Is Called For.

In recent years, there seems to have been an uptick, especially in first party pre-suit assignments, involving the filing of a Civil Remedies Notice (“CRN”).  The CRNs frequently involve an injured party’s (policy holder’s) claim for UM/UIM benefits following an auto accident.