Litigation Landscape Changes as South Florida’s Economy Rebounds

Industry insiders may be tempted to think litigation is in recession now that South Florida’s economy is on the rebound but as Alan Kluger states in the Daily Business Review, that couldn’t be further from the truth. In this new economic cycle, he’s seeing less litigation between business partners fighting for leftover scraps from failed business ventures and more disputes among partners and joint venturers fighting over the fruits of the bounty of success.

He points out that many real estate projects that were previously faltering are now flourishing. So parties that were trying to restructure deal terms to mitigate their losses now want to restore the original deal terms to reap the benefits of the rebound economy.

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Hobby Lobby Ruling a Potential Slippery Slope

The Supreme Court of the United States (SCOTUS) issued a landmark decision in the Burwell v. Hobby Lobby Inc. case last week, asserting that certain employers with religious objections can deny paying for contraception under the Affordable Care Act.

Michael Landen, a partner at Kluger, Kaplan, Silverman, Katzen & Levine, shares his thoughts with the Daily Business Review on the ruling, and raises important questions about the full implications of the decision.

He argues the decision is a slippery slope, opening the door for “closely-held” businesses to become involved in private medical issues such as fertility, birth control procedures (such as vasectomy or tubal ligation), psychiatric care and blood transfusions. If a private employer’s religious beliefs can dictate the health care its employers receive, all kinds of health care and medical procedures, some possibly life-saving, may be at risk.

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Kluger, Kaplan, Silverman, Katzen & Levine Partners Named “Super Lawyers” 2014

 A dozen of our attorneys have been selected as top legal practitioners by Super Lawyers. Outstanding lawyers from more than 70 practice areas, who have attained a high-degree of peer recognition and professional achievement, are named Super Lawyers each year. Kluger Kaplan was also ranked in the “Top 100” law firms in Florida.  The selection process is competitive and includes independent research, peer nominations and peer evaluations.

Kudos to the following attorneys:

Rising Stars                                                 Super Lawyers

Jeffrey Berman                                            - Deborah Chames
- Casey Cusick                                              - Abbey Kaplan
Jorge Delgado                                             - Bruce Katzen
Lisa Jerles                                                   - Alan Kluger
- Justin Kaplan                                               - Todd Levine
Richard Segal                                              - Steve Silverman

 

Kluger Kaplan Honored with the Friend of FAWL Award

Kluger, Kaplan, Silverman, Katzen and Levine (KKSKL) was honored with the Friend of FAWL Award by the Miami-Dade Chapter of the Florida Association of Women Lawyers for the firm’s commitment and support to promote gender equality in the legal profession.  FAWL is a professional organization dedicated to promoting the advancement of women in the legal profession.  Its membership is comprised of lawyers, judges, and professionals within the business community.

“FAWL and Kluger Kaplan share many of the same values,” said Todd Levine, founding member of KKSKL.  “Gender equality is important to promote in the legal profession and all other industries. We are proud to support this organization.”

Think You Waived the Right to Jury Trial in Your Initial Pleading? Maybe Not.

By: Justin B. Kaplan

Young litigators are routinely taught that if the plaintiff does not demand a jury trial in its complaint (or counterclaim), it permanently waived this important right.  This time-worn lesson is not necessarily correct, however.  There is still hope.

The Florida Rules of Civil Procedure provide:

“Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other party a demand therefore in writing at any time after commencement of the action and not later than 10 days after the service of the last pleading directed to such issue.”

Fla. R. Civ. P. 1.430(b).  However:  The Judge “may allow an amendment in the proceedings to demand a trial by jury or order a trial by jury on its own motion”  Fla. R. Civ. P. 1.430(d).  All may not be lost.  Continue reading