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Florida Appellate Court Protects Rehabilitation Program’s Incident Reports as Work Product 

by Gavrila Brotz | Apr 6, 2021 | Blog

Florida’s Third District Court of Appeal has held in Onward Living Recovery Community, LLC v. Mormeneo that a rehabilitation program’s root cause analysis and incident report were protected work product, quashing a trial court order requiring their production.  The...

$4.3 Million HIPAA Penalty Vacated by Federal Appellate Court

by Gavrila Brotz | Feb 24, 2021 | Blog

Holding that the Department of Health and Human Services’s Office for Civil Rights (“OCR”) had imposed an “arbitrary, capricious, and otherwise unlawful” fine, the Fifth Circuit Court of Appeals has vacated a $4.3 million penalty imposed in 2017 on MD Anderson Cancer...

Court Holds that Defendant’s Testimony that its Goal Is to Promote Safety is Not Enough to Avoid Summary Judgment

by Gavrila Brotz | Jan 26, 2021 | Blog

Florida’s Third District Court of Appeal has denied an attempt to expand a security company’s liability despite its contract’s express limitations, affirming a summary judgment in based on events that occurred in the lobby of a Coral Gables hospital.  The decision,...

Strategies for Operating Remotely During the Covid-19 Crisis: Florida’s Electronic Signature and Notarization Laws

by Gavrila Brotz | Apr 9, 2020 | Blog

Given the widespread impact of the novel coronavirus, including shelter-in-place orders, many businesses are required to operate remotely.  Fortunately, Florida state law now allows for a significant amount of business to be conducted electronically and efficiently,...

Bill to Eliminate “Phantom Damages” Dies in Florida Legislature

by Gavrila Brotz | Mar 19, 2020 | Blog

Senate Bill 1668, which would have eliminated so-called “phantom damages” to be presented to juries as a tort reform measure, failed in committee and the 2020 Florida legislative session has now ended. “Phantom damages” is the term the litigation defense bar often...
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Recent Posts

  • Florida Appellate Court Protects Rehabilitation Program’s Incident Reports as Work Product 
  • $4.3 Million HIPAA Penalty Vacated by Federal Appellate Court
  • Court Holds that Defendant’s Testimony that its Goal Is to Promote Safety is Not Enough to Avoid Summary Judgment
  • Georgia Clinic to pay $1.5 Million Settlement and Implement a Corrective Action Plan due to Systemic Noncompliance with HIPAA
  • Facts About Federal Grand Jury Subpoenas

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