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By Claire B. Carter, Esq., Associate The U.S. Supreme Court has declined to review a ruling from the 7th Circuit Appeals Court, Severson v. Heartland Woodcraft, Inc.. In Severson, an employee requested an additional two to three months of medical leave from his employer after taking 12 weeks medical leave under the Family Medical Leave […]

The U.S. Supreme Court has unanimously adopted a narrow interpretation of the “safe harbor” provision of the Bankruptcy Code relating to securities transactions, when a financial institution handles the funds. The safe harbor provision states that the Bankruptcy Trustee (or the Chapter 11 Debtor-in-Possession) cannot avoid a transfer of a “settlement payment” which is “made […]

By Ricardo L. Gilmore, Esq., Shareholder Published in FAHROgram January/February 2018 edition I know, I know. You’re tired of reading about text messages being public records and having me say that the best way to deal with this issue is simply to disable text messaging altogether on your agency issued cell phones and to have […]

Some bands take the initial necessary steps to protect their band’s name by filing for trademark protection. Many, however, fail to think through the implications of a band break-up on ownership of the trademark. As a result, ownership rights to trademarks can get complicated. The United States District Court for the Middle District of Florida […]

By Tracy M. Evans, Esq. Under Florida law, housing authorities can claim limited sovereign immunity as instrumentalities of the state. Housing authorities are expressly authorized by statute to create for profit or not for profit corporate entities to develop, acquire, lease, construct, rehabilitate, manage or operate multifamily or single-family residential projects. The question of whether […]

By Tracy M. Evans, Esq., Associate, Saxon Gilmore & Carraway, P.A. Published in FAHROgram September/October 2017 All housing providers, both private and public, should be aware of the laws protecting the rights of the disabled, including which laws may apply to the providers’ properties. Ensuring compliance with disability rights laws can be difficult, especially when […]

By Tracy M. Evans, Esq., Associate, Saxon Gilmore & Carraway, P.A. We recently reported on the website accessibility requirements under the American with Disabilities Act (“ADA”), and the rising trend in lawsuits alleging ADA violations against various companies and public entities for failing to maintain ADA compliant websites. In June, a lawsuit challenging a company’s […]

By Tracy M. Evans, Esq., Associate, Saxon Gilmore & Carraway, P.A. In an unpublished opinion, the Ninth Circuit Court of Appeals (“Ninth Circuit”) recently affirmed a $14 million judgment against Allstate Indemnity Company (“Allstate”), finding that there was sufficient evidence to support the jury’s verdict that Allstate acted in bad faith in refusing to settle […]

By Tracy M. Evans, Esq., Associate, Saxon Gilmore & Carraway, P.A. In a unanimous decision, the Florida Supreme Court recently issued its opinion in the case of City of Largo, Florida v. AHF-Bay Fund, LLC, validating a payment in lieu of taxes agreement (“PILOT Agreement”) between a non-profit housing developer and a city. The City […]

By Claire M. Brueck, Esq., Associate, Saxon Gilmore & Carraway, P.A. Proposed legislation regarding ride-sharing companies such as Uber and Lyft will soon be enacted into law in Florida. The bill, House Bill 221, provides statewide regulations regarding insurance coverage requirements, registration of drivers’ vehicles, background checks on drivers, and more. The bill also provides […]