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FL Supreme Court Overturns Statutory Cap on Non-Economic Damages
In a long-awaited decision, the Florida Supreme Court has announced its ruling in the matter of Estate of McCall v. United States of America, 2014 Fla. LEXIS 933 (Fla. Mar. 13, 2014), holding that the Florida statutory cap on wrongful death noneconomic damages violated the Equal Protection Clause of the Florida State Constitution. The lengthy procedural course in McCall, including decisions by the federal Eleventh Circuit Court of Appeals and Florida's highest state court, provided arguments for both sides of a broader tort reform battle still underway in our nation's appellate courts. Grounded in a tragic factual setting both unforgettable and difficult to accept in the context of 21st-century medical care, the McCall court's decision is equally remarkable for its rationale, in which the plurality decision engaged in extensive fact-finding related to Florida's “alleged medical malpractice crisis.”
Death in Childbirth
In June 2005, Michelle McCall chose to receive prenatal medical care at a United States Air Force clinic as the married dependent of an Air Force serviceman. Physicians and support staff associated with the Air Force Family Practice Department provided McCall's prenatal care in a pregnancy that proceeded without complication until the final trimester. On Feb. 21, 2006, however, test results revealed significantly elevated blood pressure consistent with severe preeclampsia. McCall's serious condition required that labor be induced immediately.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?