Author Info for Rumberger | Kirk

Into the Void: The Defense of Lack of Subject-Matter Jurisdiction

Subject matter jurisdiction describes the power and authority to adjudicate a case, and to enter a valid, binding judgment. This power is derived from Alabama’s constitution and its statutes…more

Adjudicatory Process, AL Supreme Court, Dismissals, Ejectment, Lack of Jurisdiction

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Legislative Alert: Florida’s HB 1551 and SB 554 Raise Concerns for Insurance Carriers

It is no secret that insurance rates in the state of Florida have skyrocketed over the past several years. One of the catalysts to the increased rates was Florida’s attorney fee statute, which had the effect of incentivizing…more

Attorney's Fees, Breach of Contract, Florida, Good Faith, Insurance Litigation

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Katherine Becerra

A New Era of Litigation: The Florida Supreme Court’s 2025 Amendments to the Rules of Civil Procedure

On January 1, 2025, the Florida Rules of Civil Procedure changed dramatically. The new rules and amendments are designed to enhance efficiency, impact the setting of cases for trial, case management, discovery practice, summary…more

Case Management, Disclosure Requirements, Discovery, Enforcement, Federal Rules of Civil Procedure

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Rebecca Beers

Legally Qualified: Protecting Against Elder Investment Fraud and Exploitation

How can we protect seniors who may be vulnerable to financial abuse or scams? RumbergerKirk's latest Legally Qualified podcast answers this question and more. RumbergerKirk attorneys Pete Tepley and Rebecca Beers talk with Joe…more

Elder Abuse, Elder Issues, Exploitation, Financial Abuse, Investment Fraud

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Robert Blank

Theme Park Defense 10 Things to Know

Florida’s theme parks attract millions of visitors each year. Any business with that volume of visitors is certain to encounter litigation. Theme park litigation is unique because it incorporates many different types of…more

Amusement Parks, Bodily Injury, Liability, Lighting Equipment, Negligence

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Blake Bonsack

Florida High Court Says Airbnb Arbitration Sticks- It’s in the Fine Print

In a 6-1 decision, the Supreme Court of Florida reversed the Second District Court of Appeal and found that a Texas couple who accepted a “clickwrap” terms of service agreement when booking a vacation rental had also accepted…more

AirBnB, American Arbitration Association, Appeals, Arbitration, FL Supreme Court

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Madison Buckley

Florida Supreme Court Says Permissive Language of Florida PIP Statute and Policy Provisions Dictate Payment of Medical Expenses by Insurers

In Florida, personal injury protection (PIP) coverage limits reimbursement of medical charges to 80% of “all reasonable expenses.” What is “reasonable” is generally determined by a statutory schedule of maximum charges..…more

FL Supreme Court, Insurance Industry, Insurance Litigation, Medical Expenses, Physician Fee Schedule

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J. Richard Caldwell, Jr.

Recent Rule Change in Florida Can Protect Corporate Officials from Depositions

In 2021, The Supreme Court of Florida adopted the “apex rule” pertaining to attempts to depose corporate and government officials. In re Amend.to Fla. R. Civ. Proc. 1.280, 324 So.3d 459, 461 (Fla. 2021). Rule 1.280(h) now…more

Amended Rules, Corporate Entities, Depositions, Documentation, Enforcement

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Brett Carey

Florida’s Evolving Bad-Faith Landscape: What Claims and Insurance Pros Need to Know

Bad faith litigation has long posed both legal and reputational risks for insurers operating in Florida. With the enactment in 2023 of House Bill 837—a sweeping tort-reform measure—there are important changes to how insurers and…more

Bad Faith, Florida, Insurance Claims, Insurance Litigation, Insurance Regulations

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Fred Clarke

Automatic Liability: New Risk Under California’s Insurance Lapse Protection Statutes

Last year, the Supreme Court of California held that changes in the California Insurance Code’s life insurance anti-lapse statutes apply to all life insurance policies that were in force when the statutes became effective in…more

CA Supreme Court, Insurance Code, Liability

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Ligianette Cordova

Eleventh Circuit Reverses its Prior Reasoning Finding: Settlement Agreements can now be Basis for a Bad Faith Claim

In Florida, an excess judgment is when the judgment in the case exceeds the policy limits. The excess judgment rule requires an injured plaintiff to obtain an excess judgment before prosecuting a bad faith claim against an…more

Bad Faith, Breach of Duty, Insurance Industry, Insurer Liability, Policy Limits

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Lan Kennedy-Davis

Consider an External General Counsel for Your Growing Business

An external general counsel is a trusted adviser who knows your business and has a full grasp of a wide range of potential legal matters. Managing the growth of a small or medium-sized business may be one of the most complex…more

Acquisitions, Business Development, Client Services, Compliance, Human Resources Professionals

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Patrick Delaney

New Irish Honorary Consul in Orlando Aims to Bridge Central Florida and Ireland

Patrick Delaney, the new Honorary Irish Consul for Orlando in Florida, outlines his aims to bridge Central Florida and Ireland. Originally published in Irish Central - May 12, 2025…more

Business Development, Florida, International Trade, Ireland

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Leonard Dietzen, III

New AI Rule, Old Standard: Proposed Federal Rule of Evidence 707 Aims to Apply Daubert Standard to AI-Generated Evidence

In response to the rapidly increasing presence of AI-generated outputs in litigation, on June 10, 2025, the U.S. Judicial Conference’s Advisory Committee on Evidence Rules approved for publication for public comment a proposed…more

Algorithms, Artificial Intelligence, Daubert Standards, Disclosure Requirements, e-Discovery

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Samantha Duke

Supreme Court’s Hazy Junk Faxes Case Is Sure to Affect Compliance

Companies that rely on digital marketing are awaiting a pivotal decision from the US Supreme Court on how federal courts should treat a Federal Communications Commission interpretation of a law against junk faxes. Originally…more

Chevron Deference, FCC, Hobbs Act, Judicial Authority, Loper Bright Enterprises v Raimondo

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Derek Dzwonkowski

Using AI in Human Resources and the Risks of Employment Discrimination

Artificial intelligence (AI) is taking the world by storm and revolutionizing how people work. While the possibilities for automation and increasing efficiency appear endless with the rapid progression of this technology,…more

ADEA, Algorithms, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence

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Ernest Eubanks, Jr.

Defense Verdict for Harley-Davidson

Skip Eubanks of Rumberger, Kirk & Caldwell and Mark Kircher of Quarles & Brady and won a defense verdict on behalf of Harley-Davidson on January 19, 2017 in a product liability case in the United States District Court for the…more

Bodily Injury, Harley-Davidson, Motorcycle Accidents, Safety Standards

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Michael Forte

A Quick Note Regarding Surveillance Reports in Florida

In Florida, if you want to use surveillance footage at trial, you have to provide a copy to the plaintiff beforehand. After you provide the footage, the plaintiff might seek to compel the private investigator’s report as well,…more

Appeals, Discovery, Florida, SCOTUS, Surveillance

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Daniel Gerber

Florida’s New Sixth District Court of Appeal Confirmed

Florida has not added a District Court of Appeal (DCA) since 1979 when the legislature created the Fifth DCA, but Florida’s judicial branch, in coordination with the executive and legislative branches is now adding a Sixth…more

Appeals, Appellate Courts, FL Supreme Court, Florida, Governor DeSantis

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Richard Greenberg

Bar Admission Requires Proof of Character and Fitness

Getting through law school and passing the bar exam are only two parts to becoming an attorney in most states, including Florida, where I live and practice. Often overlooked, the proof of character and fitness requirement for…more

Background Checks, Bar Exam, Florida, Law School

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Jeffrey Grosholz

Supreme Court Denies First Religious Charter School, Leaves Question Over Constitutionality Unresolved

On May 22, 2025, the United States Supreme Court issued a one-sentence order affirming the judgment of the Oklahoma Supreme Court in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond, and St. Isidore…more

Appeals, Charter Schools, Constitutional Challenges, Establishment Clause, First Amendment

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Jessica Gross

Florida Supreme Court to Resolve Split on Retroactive Application of Presuit Notice Requirements

The High Court will resolve the dispute among Florida’s District Courts which have issued conflicting rulings. Since its enactment in 2021, Florida Statute § 627.70152 has sparked debate about whether it applies…more

Appeals, Appellate Courts, FL Supreme Court, Florida, Insurance Claims

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Reginald Guillaume

Florida’s New NIL Law Removes Potential Restrictions for Student-Athletes

Florida’s new name, image and likeness (NIL) law allows colleges and universities to help direct endorsement deals and other compensation toward student-athletes. Florida was one of the of the first states to spearhead NIL…more

Compensation, Florida, Name and Likeness, NCAA, Student Athletes

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Carie Hall

Legally Qualified: Women In Law-How we got here, why we stay & tips for the next gen

In this episode of Legally Qualified, RumbergerKirk attorneys Carie Hall and Rebecca Arends talk about lessons learned along their journeys of becoming successful attorneys, challenges they’ve faced and advice for anyone looking…more

Career Development, Law Firm Associates, Law Firm Partners, Leadership, Women in the Law

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Brent Hartman

What Constitutes Spoliation of Video Evidence?

On March 12, 2025, in the lawsuit Wal Mart Stores East, LP v. Pineda, Florida’s Third District Court of Appeal held that Wal Mart (Walmart) did not negligently or intentionally fail to preserve evidence and that an adverse…more

Adverse Inference Instructions, Appeals, Discovery Disputes, Duty to Preserve, Evidence

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Chase Hattaway

5 Tips for HR Directors to Avoid Expensive Company Lawsuits

As the first point of contact for employee claims, HR directors often find themselves with the challenging task of assessing sensitive situations. This, coupled with ensuring both the company’s policies are followed, and…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Documentation, EEO, Employee Handbooks

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Suzanne Barto Hill

How to Steer Clear of Employee Retention Credit Fraud

Orlando firms need to make sure they aren’t among the thousands of U.S. businesses that potentially were tricked by scams to inadvertently file fraudulent employee retention credit claims — something punishable by fines and even…more

Aggravated Felony, Audits, CARES Act, Credit, Employee Retention

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Michael Holt

A New Era of Litigation: The Florida Supreme Court’s 2025 Amendments to the Rules of Civil Procedure

On January 1, 2025, the Florida Rules of Civil Procedure changed dramatically. The new rules and amendments are designed to enhance efficiency, impact the setting of cases for trial, case management, discovery practice, summary…more

Case Management, Disclosure Requirements, Discovery, Enforcement, Federal Rules of Civil Procedure

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Mary Hudson

Third DCA on Cell Phone Discovery: Balancing Privacy Rights and Litigation Needs

Cell phones have now been around for decades. Along the way, they have grown up, became “smart” and are now indispensable to daily life, offering limitless options to communicate, shop and entertain ourselves. How prominent…more

Cell Phones, Discovery, e-Discovery, Petition for Writ of Certiorari, Privacy Laws

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Meredith Jowers Lees

Why Unclaimed Property Matters

State unclaimed property audits are becoming more frequent. Is your company in compliance? State unclaimed property audits are becoming more frequent as states look for ways to increase revenue. There is a growing chance that…more

Audits, Compliance, Fines, Penalties, Reporting Requirements

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Sara Lewis Kallop

Florida Supreme Court Confirms Limitation of Joerg Holding to Future Medical Expenses

The Florida Supreme Court recently confirmed that claimants may only submit evidence of past medical bills actually paid by Medicare as opposed to the unadjusted amount. See Elaine Dial vs. Calusa Palms Master Association, Inc.,…more

FL Supreme Court, Florida, Medicaid, Medical Expenses, Medicare

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Jacey Kaps

Understanding How Generative AI Can Affect Your Business' Data Privacy And Ownership Is Crucial

“In assessing a generative AI product, it is critical to understand issues of data ownership and privacy. This cumbersome task is necessary to learn how the AI platform will use data, if the data shared is entering an open or…more

Artificial Intelligence, Business Ownership, Compliance, Data Breach, Data Privacy

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Jessica Kerbel

New AI Rule, Old Standard: Proposed Federal Rule of Evidence 707 Aims to Apply Daubert Standard to AI-Generated Evidence

In response to the rapidly increasing presence of AI-generated outputs in litigation, on June 10, 2025, the U.S. Judicial Conference’s Advisory Committee on Evidence Rules approved for publication for public comment a proposed…more

Algorithms, Artificial Intelligence, Daubert Standards, Disclosure Requirements, e-Discovery

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Steven Klein

Florida Tort Reform Now Law: Effective Upon Governor's Signature

Governor Ron DeSantis signed HB 837 into law this morning after the Florida Legislature passed sweeping tort reform intended to bring long-overdue balance and transparency to tort litigation…more

Damages, Disclosure Requirements, Florida, Governor DeSantis, Mass Tort Litigation

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Hannah Klonowski

No Sea Changes to See Here in 2023 Amendment to Rule 702

New Amendment Reiterates and Reinforces the Existing Standard for Admissibility of Expert Testimony - On December 1, 2023, the United States Supreme Court adopted the Rules Committee’s proposed Amendment to the Federal Rules…more

Daubert Standards, Expert Testimony, Federal Rules of Evidence, New Amendments, SCOTUS

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Taylor Koshak

Ramifications of Ryan: The Future of the FTC’s Final Rule Banning Non-Competes

The Federal Trade Commission’s Final Rule banning non-competes will not take effect on September 4, 2024. On August 20, 2024, U.S. District Judge Ada Brown for the Northern District of Texas ruled on the merits of the challenge…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Joshua Lerner

U.S. Supreme Court Decides Major Personal Jurisdiction Case: Impact in Florida Remains to Be Seen

A recent United States Supreme Court decision on the scope of personal jurisdiction, i.e., a court’s authority to exercise jurisdiction over a particular party, could potentially have lasting impacts on the way states decide to…more

Commerce Clause, Due Process, Florida, Fourteenth Amendment, Mallory v Norfolk Southern Railway Co

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Sara Lewis

Product Liability and Other Similar Incidents: Evidence That Passes the “Substantial Similarity” Standard and Methods of Protection for Defendant Manufacturers

Introduction - The admissibility of evidence of “other similar incidents” (“OSI”) frequently arises in product liability cases. Both plaintiffs and defendants may seek to admit such evidence in order to demonstrate or defeat…more

Admissible Evidence, Car Accident, Evidence, Substantially Similar

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Paul Lipton

Law Firms Should Assess, Adjust, and Overcome for Return to Work

Assess. Adjust. Overcome. These three words are guideposts for leaders in business, government, the military, medicine, and the legal profession. Yet, since the pandemic, quarantine, and the emotional toll it has taken on us…more

Coronavirus/COVID-19, Law Firm Associates, Law Firm Ownership, Law Firm Partners, Law Practice Management

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Graham Marcus

Florida Legislature Seeks To Rescind Restrictions On Medical Malpractice Damages

With another legislative session nearing the end, many continue to keep a keen eye on certain legislative efforts meant to expand the extent of damages available in medical malpractice lawsuits. The sweeping legislation,…more

Damages, Florida, Healthcare Costs, Medical Malpractice, Negligence

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J. David Marsey

Sixth District Court of Appeal Limits Officers’ Authority to Investigate DUI Offenses

On June 14, 2024, the Sixth DCA limited an officer’s authority to conduct DUI investigations that extend into other jurisdictions, and in doing so, has created a conflict with existing Florida law. In State v. Repple, the State…more

Appeals, DUI, En Banc Review, Evidence Suppression, Florida

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Candy Messersmith

Breaking Down Bad Faith: Insurers’ Good Faith Duties and Defending Bad Faith Claims

Insurance companies facing a bad faith claim are at risk for extra contractual damages—additional damages above the existing limits to a policy. In this episode of Legally Qualified, RumbergerKirk insurance coverage attorneys…more

Bad Faith, Good Faith, Insurance Industry, Policy Limits

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Charles Mitchell

SCOTUS Overturns Chevron Deference – With Immediate Impact

On June 28, 2024, the United States Supreme Court issued a 6-3 decision in Loper Bright Enterprises v. Raimondo that overturned the “Chevron deference” standard laid out in Chevron, U.S.A., Inc. v. Natural Resources Defense…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Federal Trade Commission (FTC), Government Agencies

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Damien Orato

Florida Supreme Court Adopts Apex Doctrine Protecting High Level Corporate and Government Officers

The Florida Supreme Court has formally adopted the Apex Doctrine and incorporated it into the Florida Rules of Civil Procedure. On August 26, 2021, the Court amended Florida Rule of Civil Procedure 1.280 by codifying the Apex…more

Amended Rules, Apex Doctrine, Appeals, Corporate Officers, Depositions

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Brittney Polo

Punitive Damages 2023: The Statute Means What It Says

Cases in which plaintiffs advance a claim for imposition of punitive damages are among the most likely to keep a defense lawyer up at night. Several recent cases from Florida district courts of appeal have reinforced the concept…more

Appeals, Certiorari, FL Supreme Court, Florida, Negligence

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Julie Potts

Supreme Court Sides with Alabama Plaintiffs Caught in “Catch-22”

In Williams v. Reed, 145 S. Ct. 465 (2025), the United States Supreme Court reversed an Alabama Supreme Court decision affirming the dismissal of plaintiffs’ Section 1983 claims for lack of jurisdiction, based on the plaintiffs’…more

AL Supreme Court, Appeals, Civil Rights Act, Department of Labor (DOL), Employment Litigation

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Kayla Platt Rady

A Blow to Whistleblowers: No More Pain and Suffering Damages

On February 26, 2025, in the lawsuit Agency for Persons with Disabilities v. Toal, the First District Court of Appeal held that noneconomic damages are not a form of relief that can be recovered under Florida’s Public-sector…more

Appeals, Damages, Employee Rights, Employment Litigation, Government Agencies

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Jens Ruiz

The Rise and Defense of Optional Feature Litigation

John’s Bad Day - On a Sunday afternoon, John was driving his new 2017 base model Meerkat car when he became distracted looking for a french fry he dropped on the floor. His car crossed into the adjacent lane and, after…more

Automotive Industry, Car Accident, Consumer Expectations Test, Defense Strategies, Design Defects

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Isadora Sadler

U.S. Supreme Court Denies Heightened Standard in “Reverse Discrimination” Claims

A recent Supreme Court decision is reshaping how employers must think about workplace discrimination—confirming that all employees, majority or minority, are held to the same legal standard under Title VII. This shift could…more

Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employment Discrimination

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Francis Sheppard

Supreme Court Sides with Alabama Plaintiffs Caught in “Catch-22”

In Williams v. Reed, 145 S. Ct. 465 (2025), the United States Supreme Court reversed an Alabama Supreme Court decision affirming the dismissal of plaintiffs’ Section 1983 claims for lack of jurisdiction, based on the plaintiffs’…more

AL Supreme Court, Appeals, Civil Rights Act, Department of Labor (DOL), Employment Litigation

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Suzanne Singer

‘TransUnion v. Ramirez’: High Court Rules Article III Standing Requires Proof of Concrete Injury

In March 2021, the Supreme Court heard arguments in TransUnion LLC v. Ramirez, a case that had potential to significantly impact plaintiffs’ abilities to sue for the violation of federal statutes. The Court released its opinion…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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Larry Smith

The Young Lawyer’s Survival Guide

You just graduated from law school and are starting your first job as a full-fledged esquire. No matter the area of law, your thoughts are likely racing, “I’ve passed the bar and I’m licensed, but what now? Am I really ready for…more

Billable Hours, Billing, Career Development, Mentor-Protege Program, Mentors

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M. Stephen Smith

4th DCA Affirms Mental Healthcare Providers Owe No Legal Duty to Warn Unidentifiable Potential Victims

The Fourth District Court of Appeal issued its opinion in Pollack v. Cruz on May 27, 2020. In joining its sister district courts of appeal, the Court reaffirmed that, in Florida, mental healthcare providers owe no legal duty to…more

Crime Victims, Duty to Warn, Health Care Providers, Mental Health, Third-Party

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Nicole Sieb Smith

U.S. Supreme Court Denies Heightened Standard in “Reverse Discrimination” Claims

A recent Supreme Court decision is reshaping how employers must think about workplace discrimination—confirming that all employees, majority or minority, are held to the same legal standard under Title VII. This shift could…more

Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employment Discrimination

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Melissa Softness

New Non-Compete Rule May Not Pass But Employers Should Stay On Alert

For the Federal Trade Commission’s (FTC) proposed rule to ban non-compete clauses to become law, many hurdles would have to be overcome. Those who follow politics in this country have aptly observed that this is unlikely due to…more

Biden Administration, Employment Contract, Executive Orders, Federal Trade Commission (FTC), FTC Act

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E. Berton Spence

Up Next: Does Congress Have Constitutional Authority to Regulate Evictions and Foreclosures?

Stay Tuned for the Coming Ruling from the U.S. Court of Appeals for the Fifth Circuit - The Supreme Court of the United States effectively ruled on August 26, 2021 that the Centers for Disease Control and Prevention (CDC)…more

Alabama, Appeals, Centers for Disease Control and Prevention (CDC), Congressional Authority, Coronavirus/COVID-19

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Peter Tepley

FINRA Reminds Financial Firms How AI Use Poses Significant Risks

These days, artificial intelligence is everywhere we look, and the financial services industry is no different. As AI use increases, regulatory bodies are updating their rules and guidelines detailing how companies should and…more

Artificial Intelligence, Banks, Bias, Broker-Dealer, Compliance

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Jennifer Smith Thomas

How Florida’s New Comparative Fault Laws Can Help QSRs Reduce Liability Risk

In the highly competitive quick-service restaurant industry, fast-food chains are continually looking for an edge over their competitors. Some brands have found a way to distinguish themselves from other fast-food establishments…more

Fast-Food Industry, FL Supreme Court, Florida, Liability, Negligence

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Phoebe Thomas

House Bill 837: Big Change to Florida’s Motor Vehicle No-Fault (PIP) Law: Attorney’s Fees

On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 into law making a major impact on Florida’s tort landscape. It is likely that this new Tort Reform Act will have a significant impact on the future of…more

Attorney's Fees, Florida, Governor DeSantis, New Legislation

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Devin Topper

Florida Tort Reform Now Law: Effective Upon Governor's Signature

Governor Ron DeSantis signed HB 837 into law this morning after the Florida Legislature passed sweeping tort reform intended to bring long-overdue balance and transparency to tort litigation…more

Damages, Disclosure Requirements, Florida, Governor DeSantis, Mass Tort Litigation

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R. Scott Williams

Nursing Home Distress – What Does the Doctor Order?,” Business Alabama

Nursing homes and assisted living facilities were challenged before the COVID-19 pandemic. Planning for distress is key to a successful turnaround for facilities and the industry. Originally published by Business Alabama -…more

Assisted Living Facilities (ALFs), Bankruptcy Code, Capital Raising, Certificate of Need, Coronavirus/COVID-19

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