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Carlton Fields
 
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By Carlton Fields
This Week's Florida Appeals – Week of November 13-17, 2017
By Jeanne Kohler
On October 26, 2017, President Donald Trump signed H.R. 2266, a disaster relief bill. Pursuant to section 308 of the bill, the Department of the Treasury will forgive $16 billion in debt owed by FEMA...
By Elizabeth Scarola
The Centers of Medicare and Medicaid Services released a proposed rule that would update the 2018 Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System.
By Elizabeth Scarola
On June 14, 2017, the Centers for Medicare and Medicaid Services ("CMS")' Office of the Actuary ("OACT") released data detailing health care spending by state for the years 1991 through 2014.
By Nora Valenza-Frost
A Colorado federal court affirmed a FINRA arbitration award, despite a cross-motion to vacate the award on the bases of alleged panel misconduct; exceeding its powers; manifest disregard of the law; and that the award did not contain a showing as to how the evidence justifies the award.
By Amy Hurwitz, Gary Pappas
Classified contributors have blogged numerous times (including several times this year) on opinions that tested the boundaries of American Pipe tolling, including those that addressed whether the doctrine applies to claims barred by an applicable statute of repose, successive putative class actions, and cross-jurisdictional litigation.
By Carlton Fields
Debtors not required to give lender notice and opportunity to cure violations of consumer protection statutes; lender not entitled to bona fide error defense.
By Nora Valenza-Frost
Claimant's application under s. 68(2)(d) of the Arbitration Act 1996 alleged serious irregularity in the award of an arbitral tribunal alleging the tribunal failed to deal with all the issues that were put ...
By David L. Luck, Stephanie A. Fichera
Counsel contemplating an appeal often depend on the "tolling" effect of authorized post-judgment motions, which can extend an otherwise-applicable appeal deadline.
By Jeanne Kohler
On July 21, 2016, we reported on a putative class action filed in a California U.S. district court by Shasta Linen Company against Applied Underwriters, Inc. and its affiliated entities, alleging that the "EquityComp" workers' compensation insurance program marketed and sold by Applied Underwriters violated California insurance law and regulations.
By Ricardo Rozen, Gary Pappas
Any monetary relief will be paid to the plan, and then the plan fiduciaries will be responsible for allocating the recovery among participants.
By Thaddeus Ewald
The Northern District of Illinois recently waded into the conflict between standing and class certification when it held that a putative class representative must demonstrate standing...
By Carlton Fields
This Week's Florida Appeals – Week of November 6-10, 2017
By Justin S. Wales, Matthew Kohen
As of this inaugural publication, there exists no uniformity with respect to how businesses that deal in virtual currencies (also known as "cryptocurrencies") such as Bitcoin are treated among the states.
By Mark Neubauer, Meredith M. Moss
An employer dodged a bullet before a California jury this week. But the fact that a class was certified and went to a jury suggests that the plaintiff's bar is increasingly focused on the adequacy...
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