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  On July 1, 2022, Florida Rule of Civil Procedure 1.442(c), as amended by the Florida Supreme Court, went into effect. Specifically, the Court amended the rule to exclude most nonmonetary terms from proposals for settlement in an effort to “align” the procedural rule with the substantive portion of Section 786.79, Florida Statute (2021). One practical result of this amendment is that a valid proposal of settlement can no longer include a release or confidentiality agreement as a condition of the settlement. These non-monetary terms are often an important requirement for litigants where ..read more

It is common for equine facilities to require clients to sign liability releases prior to engaging in equine-related activities, such as riding.  But considering that forty-eight states have enacted Equine Activity Liability Laws, many wonder if equine liability releases are necessary.  I believe the answer is yes.   While each state’s equine liability law is different, the common thread is a desire to limit liability for personal injuries arising from risks inherent to equine activities.  In essence, these statutes shift the risk of injury from the provider of an equine a ..read more

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  Thank you to everyone who joined us for our Does Force Majeure Force Business Interruption? webcast. In this session, we examined the intersection of force majeure and business interruption insurance in the time of COVID-19. If you weren’t able to make it, find the recording below.   https://www.sheeheandassociates.com/wp-content/uploads/2021/12/Does-Force-Majeure-Force-Business-Interruption.mp3 ..read more

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  The COVID-19 outbreak threatened the viability of businesses and institutions that contribute to the overall well-being of Florida.  In an effort to restart the economy and fight back against the economic impact of COVID-19, the Legislature enacted laws intended to provide businesses with “heightened legal protections against liability as a result of the COVID-19 pandemic” by discouraging lawsuits against businesses and other entities for all but the most egregious claims. The motivation behind this legislation was to encourage businesses and institutions to reopen so that they rem ..read more

  On May 3, Florida Governor DeSantis signed into law SB 2006, which went into effect July 1. This law extends the Governor’s Executive Order prohibiting businesses from requiring consumers or customers to show documentation of vaccination (a “vaccines passport”) to obtain a service from or access to a business.   When we refer to a vaccine passport, we mean standardized credentials showing proof of vaccination. After the COVID-19 pandemic, many countries began requiring such proof of vaccine to travel or enter certain establishments. Ensuring vaccination is considered a way for busi ..read more

  Just as Florida Statute, section 768.38 protects non-healthcare providers, so too does its counterpart, Florida Statute, section 768.381 which protects healthcare providers from civil liability related to “COVID-19 related claims.” The statute defines “COVID-19 related claims” as those related to, inter alia, the diagnosis, treatment, or failure to treat a person with COVID-19, provision of a novel or experimental COVID-19 treatment, transmission of COVID-19, delay or cancellation of a medical procedure because of COVID-19, act or omission with respect to an emergency medical condition ..read more