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Category Archives: Noteworthy Appellate Decision

Understanding the “Reasonable Methodology” Requirement for Proving Class Action Claims

Florida Rule of Civil Procedure 1.220(a) contains four (4) threshold requirements in order to obtain class certification: (1) Members of the class are so numerous that separate joinder of each member is impracticable (“numerosity”); (2) The claim or defense of the representative party raises questions of law or fact common to the questions of law […]

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Beware of Lenders Wrongfully Foreclosing on a Reverse Mortgage

A reverse mortgage allows older homeowners to receive monthly payments from a lender based on the homeowners’ equity in their home.  In a typical scenario, a lender makes monthly payments to the homeowner and the homeowner’s obligation to repay the lender comes due only when the homeowner dies or moves from the home.  See Smith […]

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Title Insurance Class Action Update

Since 2004, I have had the privilege, along with my good friends, our lead counsel Robert Axelrod, Scott Russell, Jay Dean, and John Mills to represent several terrific Florida citizens and homeowners in class action cases against three of the largest Title Insurers in Florida: First American Title Insurance, Commonwealth Land Title Insurance, and Fidelity […]

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National Indemnity Company of the South fraud verdict affirmed.

In 2007 we had the opportunity to represent a terrific young lady, Larose McLoyd, who had been the victim of a fraud perpetrated on her by the National Indemnity Company of the South and one of it’s claims personnel, Ms. Dworak. Here is the link to our brief description of the underlying facts and litigation: […]

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Florida Insurance Law: New 1st District case discusses Contract interpretation

Although not an insurance case, this week the Florida 1st District Court issued an opinion in: R. LAMAR WHEELER v. WHEELER, ERWIN & FOUNTAIN, P.A., etc., et al, which contains an excellent discussion of how courts read and interpret contracts in Florida. Insurance disputes often involve insurance contract interpretation. Insurance contracts are no different than […]

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