The Florida Insurance Law Blog
By Jeffrey T. Donner, Esq.
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Federal wage-and-hour law remains one of the most misunderstood — and most actively litigated — areas of employment law in the United States. While the legal framework itself has not radically changed in the last few years, how these cases are investigated, litigated, and resolved has evolved in meaningful ways. Employees considering a wage claim…
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Introduction The Fair Labor Standards Act (“FLSA”) occupies a privileged position in American labor law. Enacted during the New Deal era, it was designed to address a genuine historical problem: the exploitation of vulnerable workers lacking bargaining power, information, or economic alternatives. That purpose was legitimate then and remains legitimate now. But statutes must be…
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Trademark disputes under the Lanham Act are often misunderstood as narrow intellectual-property skirmishes. In practice, they are frequently complex commercial cases that blend trademark law with contract disputes, business torts, and significant financial exposure. Whether a party brings or defends a Lanham Act claim, early strategic decisions often determine the outcome long before trial. This…
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by Jeffrey T. Donner, Esq. Recent rulings suggesting that AI search prompts are not protected by the work product doctrine have generated enthusiastic approval in some circles. That enthusiasm is misplaced. The issue is not whether AI is “privileged.” It is not. The issue is whether litigation-focused research inputs—typed into a modern interface—constitute protected work…
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In July 2024, Florida’s Fourth District Court of Appeal issued an important decision in Scherf v. Tom Krips Construction, Inc., 390 So. 3d 34 (Fla. 4th DCA 2024), that carries a clear warning for property owners, contractors, and lawyers alike: you cannot sit on a technical defense for years and then deploy it at the…
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By Jeffrey T. Donner, Esq. Attorney’s fees often become the leverage point in post-divorce litigation. Sometimes fees are the necessary mechanism that allows a party to enforce a settlement agreement or court order. Other times, fee litigation turns into a second lawsuit—one that can outlast the underlying dispute and consume resources the court is trying…
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Introduction: Construction Disputes Are Rarely About One ThingFrom an owner’s point of view, construction disputes almost never begin as “litigation.” They begin as practical problems: a project slipping behind schedule, work that does not look right, payments being demanded too aggressively, or pressure from lenders and occupants. By the time lawyers are involved, those problems…
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Structural steel subcontractors occupy one of the most exposed positions on a construction project. You are neither at the top of the contractual food chain nor performing easily reversible work. Once steel is fabricated, delivered, and erected, the risk profile of the project changes—often before payment risk has been resolved. That reality creates recurring legal…
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For more than a century, Florida’s one-way attorney-fee statute was a foundational enabler of first-party property insurance litigation. Under pre-2023 law, a policyholder who sued an insurer and obtained any recovery was entitled to an award of reasonable attorney’s fees and costs paid by the insurer. That regime, codified in sections of Florida Statutes such…
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In State v. Yanes-Blanco, the Florida Fifth District Court of Appeal addressed a deceptively simple question with significant consequences: does the act of “illegally entering the United States” end the moment a person physically crosses the border, or can it continue as that person is transported deeper into the country? The court’s answer matters for…
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