Insurance Law

Kelly G. Dunberg, Just What the Doctor Ordered? How the Patient Safety and Quality Improvement Act May Cure Florida’s Patients’ Right to Know About Adverse Medical Incidents (Amendment 7)

This Note addresses the impact of Florida’s Patients’ Right to Know About Adverse Medical Incidents (commonly known as Amendment 7) on the peer review process and the quality of healthcare in Florida. Enacted in 2004 as an amendment to the Florida Constitution, Amendment 7 provides citizens access to records and reports of past adverse medical […]

Brent Steinberg, The Graves Amendment: Putting to Death Florida's Strict Vicarious Liability Law

62 Fla. L. Rev. 795 (2010) | | | | CASE COMMENT :: Ethan Ruby, a twenty-five-year-old Wall Street trader and former college athlete, was crossing Delancy Street in Manhattan when the driver of a Budget rental vehicle ran a red light. The Budget vehicle struck a van, which subsequently plowed into Ruby, hurling him […]

E. Farish Percy, Applying the Common Fund Doctrine to an Erisa-Governed Employee Benefit Plan's Claim for Subrogation or Reimbursement

61 Fla. L. Rev. 55 (2009) | | | | INTRODUCTION :: Imagine that you sustain brain injury when your car collides with another vehicle. You incur $ 1 million in medical expenses, which your employee welfare benefit plan, governed by the Employee Retirement Income Security Act of 1974 (ERISA), covers. You will never be […]

Carl J. Circo, Contract Theory and Contract Practice: Allocating Design Responsibility in the Construction Industry

58 Fla. L. Rev. 561 (2006) | | | | INTRODUCTION :: How much does legal theory matter to lawyers who advise clients concerning building design and construction contracts? Theory thrives in contract literature, as philosophers and legal scholars search for justification, essence, coherence, and synthesis. Lawyers litigating contract cases also invoke and confront theory […]