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QUICK NOTE: DOCTRINE OF REASONABLE EXPECTATIONS DOES NOT APPLY TO INSURANCE POLICIES

  • floridaconstructionlegalupdates.com language
  • 2025-07-13 14:26 event
  • 3 weeks ago schedule
The doctrine of “reasonable expectations” does NOT apply to insurance policies.  Catalina West Homeowners Association, Inc. v. First Community Ins. Co., 50 Fla.L.Weekly D1318a (Fla. 3d DCA 2025).  ” ‘Under this doctrine, the insured’s expectations as to the scope of coverage is upheld provided that such expectations are objectively reasonable.’   The insured is entitled to all the coverage he or she may have reasonably expected — without due regard to the actual language provided by that policy or the risk underwritten.” See id. (internal citations omitted). However, in Florida, this doctrine of reasonable expectations has been rejected by Florida’s Supreme Court when it comes to interpreting insurance policies. See, supra, Catalina West Homeowners Association. “Instead, Florida courts must focus on the plain language of the insurance policy and give effect to those express terms.  The…

664. Can Trump Really Revoke Rosie O’Donnell’s Citizenship?

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Let’s get one thing straight right off the bat: I’m not writing this because I hate Trump. To the contrary, often I’ve written legal pieces defending his policies. And usually, to be blunt, Trump’s not wrong when it comes to how things should work legally. But law isn’t about what should be. It’s about what is. And when it comes … Read Full Post

665. US federal judge rules ICE cannot detain people based on race, language and work

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  • jurist.org language

US federal district judge Maame Ewusi-Mensah Frimpong for the US District Court for the Central District of California, has ruled that race, language, and work location are not grounds for reasonable suspicion for a detentive stop.  She issued two temporary restraining orders (TRO) in the case, Perdomo, et al. v Noem, et al. The first TRO requires the federal government to allow legal visitation and confidential, unmonitored calls to legal representation for anyone held at the detention center. The second TRO orders the federal government to cease detaining people for possible immigration law violations without reasonable suspicion.  The basis for reasonable suspicion cannot include, alone or in combination, apparent race or ethnicity, speaking Spanish or English with an accent, presence at a particular location, or type of employment. These orders are preliminary injunctions, which are “an extraordinary and drastic remedy…” that requires the…

666. Fatal Crash In July on Colorado I-70 – Parked Semi Truck

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A fiery and fatal crash on July 3, 2025, between a pickup truck hauling a trailer and a semi truck parked on the side of the highway closed the westbound lanes of I-70 approaching the Eisenhower Tunnel. According to the Colorado State Patrol, the preliminary investigation shows that the driver of the Dodge Ram 3000 pickup truck was hauling a trailer itself and traveling westbound in the right lane when it veered onto the shoulder before striking a semi truck, rolling, and catching fire. The crash killed the driver of the Ram; the parked semi truck driver escaped injury. Officials closed I-70 for hours between Dillon and the Loveland Pass, snarling holiday traffic for most of the day. While investigators are still determining the cause of the crash, semi trucks parked on the side of the highway can frequently lead to serious crashes. These “sitting duck” crashes often result in catastrophic injuries and fatalities. Federal trucking regulations and many major…

667. Fastened to the Statute: The Federal Circuit’s Decision in Oman Fasteners and Its Implications for the Administration’s Trade Agenda, by Kraz Greinetz

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As the Federal Circuit considers the legality of President Trump’s “Liberation Day” tariffs, its under-the-radar decision in Oman Fasteners, LLC v. United States offers complications for the administration’s trade agenda. Oman Fasteners dealt with antidumping and countervailing duties, which the Department of Commerce imposes on foreign goods to combat perceived unfair trade practices. Antidumping duties are imposed on goods sold for less than fair value, and countervailing duties target goods that receive unfair subsidies from foreign governments. But Oman Fasteners makes tougher enforcement of these duties—one of the President’s priorities, dating back to his first term—more challenging by curtailing one of the easiest ways to impose steep antidumping and countervailing duties: adverse inferences against foreign producers. Even with lowered tariff rates, the United States still protects domestic industries from unfair foreign…

668. Dearlomum Recalls Defective Retractable Safety Gates Due to Entrapment Hazard

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  • ammonslaw.com language

WASHINGTON, D.C. — Dearlomum retractable safety gates have been recalled following safety concerns that the product poses an entrapment hazard to young children. The recalled gates do not comply with federal safety requirements for expansion gates and enclosures. A child’s torso can pass through the gap between the bottom of the gate and the floor, creating a risk of serious injury or death due to entrapment. The affected gates are retractable mesh designs available in black, gray, and white. Each gate includes a metal frame and measures approximately 33 inches tall, with a width adjustable up to 55 inches. The label on the side reads “Retractable Safety Gate” along with the model number “SH20.006D.” Contact The Ammons Law Firm for Legal Help Involving Defective Products Contact The Ammons Law Firm today for a free consultation to discuss your case and learn more about your legal options. You may be entitled to compensation for medical…

669. The Ordinary Reasonable Person encounters (or not) cyber-abuse

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  • cyberleagle.com language

The recent decision of the Australian Administrative Review Tribunal in X Corp and Elston v eSafety Commissioner illustrates the complexities that can arise when the law tasks a regulator or platform to adjudge an online post. The decision grapples with a dilemma that is familiar, albeit under a very different legislative regime, from the UK’s Online Safety Act 2023. It is also features in the police takedown notice scheme for unlawful knives and other weapons content contained in the Crime and Policing Bill (currently making its way through Parliament). At a high level, the issue is how to achieve rapid removal of impugned user content (typically because it is illegal under the general law or defined as harmful in some way), while not affecting legitimate posts. The specific challenge is that the contents of the post alone are often insufficient to determine whether the legal line has been crossed. Contextual information, which may be off-platform and involve…

670. One Pedestrian Killed, Another Injured in a Dump Truck Accident Near Syracuse University, New York

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  • ammonslaw.com language

SYRACUSE, N.Y. — One person is dead and another is injured following a collision involving a dump truck and pedestrians near Syracuse University. The incident happened on Wednesday morning near the intersection of East Adams Street and University Avenue. Onondaga County 911 dispatchers confirmed that first responders arrived to find one person deceased at the scene. Authorities have not released the identity of the victim or additional details about the crash. Thoughts on Accidents with Large Trucks and Pedestrians Cars driving, trucks turning, people crossing, are daily interactions at an intersection. These busy areas demand heightened vigilance from all vehicles (especially commercial trucks) to keep everyone safe, especially the most vulnerable on our roads: pedestrians. Something went terribly wrong at this crossroads. Why was the truck driver unable to avoid striking two pedestrians? Were they distracted? Speeding? Or is the reason something out of their control?…

671. Ford Recalls Over 850,000 Defective Vehicles Due to a Fuel Pump Issue That Could Cause a Crash

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  • ammonslaw.com language

Ford Motor Company is recalling more than 850,000 vehicles across the U.S. due to a defect in the low-pressure fuel pump that could lead to engine failure and increase the risk of a crash. The issue involves a faulty fuel pump that may reduce or cut off fuel supply to the engine, potentially causing a stall while driving. NHTSA has received at least six consumer reports citing loss of power linked to this defect. Drivers may experience early warning signs before a failure, including rough engine operation, misfiring, reduced power, or an illuminated check engine light. The problem is more likely to occur in hot weather or when the fuel level is low. The recall affects specific models of Ford vehicles, including the F-150 pickup, Mustang, and Lincoln Aviator. NHTSA estimates that about 10% of the recalled vehicles may carry the defect. Contact The Ammons Law Firm if You Were Injured in a Defective Vehicle If you or a loved one has been injured or killed in a vehicle accident,…

672. Court of Appeals Holds Interest Specified by Loan Agreement Was Usurious and Thus Forfeited

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  • melcherlaw.com language

In Sloan v. Allen, 323 A.3d 439 (D.C. 2024), the D.C. Court of Appeals considered, inter alia, whether a loan agreement “contained an unlawful usurious interest rate.” Id. at 441. The Court held that it did and thus the lender was precluded from recovering any interest pursuant to the agreement. However, the lender nonetheless was entitled to post-judgment interest. By way of background, “in the District, parties cannot agree to interest rates ‘exceeding 24% per annum.'” Id. at 441 (quoting D.C. Code § 28-3301). A contract is considered “usury” if it contains a higher interest rate and “when a contract is tainted with usury, all of the interest charged by the creditor is forfeited.” Id. (internal quotation marks omitted). However, “the usurious rate does not destroy the obligation to repay the principal.” Id. (internal quotation marks omitted). The loan agreement in this case provided for a loan…

673. QUICK NOTE: DOCTRINE OF REASONABLE EXPECTATIONS DOES NOT APPLY TO INSURANCE POLICIES

  • 3 weeks ago schedule
  • floridaconstructionlegalupdates.com language

The doctrine of “reasonable expectations” does NOT apply to insurance policies.  Catalina West Homeowners Association, Inc. v. First Community Ins. Co., 50 Fla.L.Weekly D1318a (Fla. 3d DCA 2025).  ” ‘Under this doctrine, the insured’s expectations as to the scope of coverage is upheld provided that such expectations are objectively reasonable.’   The insured is entitled to all the coverage he or she may have reasonably expected — without due regard to the actual language provided by that policy or the risk underwritten.” See id. (internal citations omitted). However, in Florida, this doctrine of reasonable expectations has been rejected by Florida’s Supreme Court when it comes to interpreting insurance policies. See, supra, Catalina West Homeowners Association. “Instead, Florida courts must focus on the plain language of the insurance policy and give effect to those express terms.  The…

674. This Week in Regulation for Broadcasters:  July 7, 2025 to July 11, 2025

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  • broadcastlawblog.com language

Here are some of the regulatory developments of significance to broadcasters from the past week, with links to where you can go to find more information as to how these actions may affect your operations. The FCC announced that comments and reply comments are due August 4 and August 22, respectively, responding to its Public Notice released last month seeking to refresh the record in the National Television Multiple Ownership Rule proceeding.  In December 2017, the FCC released a Notice of Proposed Rulemaking seeking comment on whether to retain, modify, or eliminate the national television ownership cap (prohibiting attributable ownership interests in broadcast TV stations that reach more than 39% of the TV households nationwide), and the UHF discount (a 50% discount for UHF stations in calculating compliance with the 39% cap).  On our Broadcast Law Blog, we took a closer look at the Public Notice and how it related to other potential changes to the FCC’s…

675. Five Myths About Mesothelioma and Asbestos in 2025

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In this day and age, you would be forgiven to assume that most people, if not everyone, understand the facts (at least the basics) about mesothelioma and asbestos, especially given the decades of research and awareness. However, this is not the case. In 2025, many people still fall for myths and misconceptions about mesothelioma and asbestos. These myths can put lives at risk, delay diagnosis, and hinder legal action. In this article, we look at five of the biggest myths about mesothelioma and asbestos in 2025. Asbestos is No Longer an Issue One of the most dangerous myths in 2025 about asbestos is that this substance is no longer an issue. This is farthest from the truth. While the U.S. has made progress, including the recent ban on chrysotile asbestos, legacy asbestos remains a major issue across the nation. These are asbestos-containing materials that remain in buildings and products from past use. While asbestos is generally safe if left undisturbed, renovating or…

676. Legal Theory Lexicon: Vagueness and Ambiguity

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Introduction This week the Legal Theory Lexicon entry focuses on "ambiguity" and "vagueness"--two important concepts for the theory of interpretation.  Some legal texts are ambiguous--they contain words or phrases that can have two or more distinct meanings.  And some legal texts are vague--they use concepts that have indefinite application to particular cases.  And some legal texts are both vague and ambiguous--they have multiple meanings, some (or all) of which have indefinite applications.  Because "vagueness" and "ambiguity" are basic concepts in the theory of interpretation, its important to master each of them and to understand the difference between them. As always, this entry in the Legal Theory Lexicon is aimed at law students, especially first year law students, with an interest in legal theory. Vagueness   What does it mean to say that a concept, term, or phrase is vague? …

677. Chancery Court Applies Conditional Probability to Calculate Damages in Earnout Dispute

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Posted by Rory K. Schneider, Mayer Brown LLP, on Sunday, July 13, 2025 Editor's Note: Rory K. Schneider is a Partner at Mayer Brown LLP. This post is based on his Mayer Brown memorandum, and is part of the Delaware law series; links to other posts in the series are available here. A recent Delaware Chancery Court opinion offers a significant example of how courts may apply complex probability analysis to determine the amount of damages in an earnout dispute. The case arose from Alexion Pharmaceuticals, Inc.’s 2018 acquisition of Syntimmune, Inc. Our previous Legal Update analyzed in depth the Chancery Court’s September 2024 opinion (the “Liability Opinion”),[1] in which the Court concluded, among other things, that the buyer had failed to use commercially reasonable efforts to achieve certain post-closing milestones that could have resulted in the payment of hundreds of millions of dollars to the former stockholders of the…

678. Liverpool Utility Pole Collapse Traps Driver in Vehicle With Downed Power Lines

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  • porterprotects.com language

A frightening incident occurred in Liverpool when a utility pole suddenly collapsed onto a family's SUV, trapping the occupant inside the vehicle surrounded by dangerous downed electrical wires. The loud crack that preceded the collapse alerted nearby residents to the emergency situation unfolding outside their homes. The incident highlights the serious dangers that can arise from utility infrastructure failures, particularly when power lines become involved. Such emergencies create immediate life-threatening situations for anyone trapped in vehicles or nearby pedestrians. Common Causes of Utility Pole Accidents Utility pole collapses and related accidents can occur due to various factors that compromise the structural integrity of electrical infrastructure: Weather-related damage - High winds, ice storms, and severe weather can weaken or topple utility poles Age and deterioration - Older wooden poles may rot or become structurally compromised over time …

679. Kyrgyzstan court orders liquidation of independent news broadcaster

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On Wednesday, a Kyrgyzstan court ordered the liquidation of independent broadcaster Aprel TV, terminating its broadcasting and social media operations. The ruling was borne out of a lawsuit filed by Kyrgyz prosecutors, citing “negative and destructive” reporting of the government that could undermine its authority.  The verdict ruled that Aprel TV’s content fell under the ‘Not news’ aggregate. Through satirical political commentary and caricatures, the court found that the content has the potential to incite mass unrest and affect the psychological state of people and society as a whole. The case was initiated by the General Prosecutor’s Office, accusing the outlet’s coverage of destabilising the government. On July 1, ten current and former Aprel TV employees were summoned by the State Committee for National Security in connection with a separate, undisclosed criminal investigation. Legal representatives believe authorities may…

680. Former South Korea president rearrested over martial law controversy

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  • jurist.org language

Former South Korean President Yoon Suk Yeol has been re-arrested 124 days after being released from his first detention. Yoon was initially taken into custody in January over accusations related to martial law and was released after spending 52 days in detention. On July 6, a special counsel team petitioned the courts for a second arrest warrant, citing a high risk that Yoon could evade capture, destroy evidence, or tamper with witnesses involved in the case. The key charges include falsifying official documents and abuse of power. Yoon’s legal team argued that the prosecution’s claims were closely tied to the main trial issues and did not justify another arrest. However, following a six-hour court hearing, Nam Sejin, a senior judge at the Seoul Central District Court, approved the arrest warrant on July 10. The judge cited a substantial risk of evidence destruction and concluded that there was reasonable suspicion that Yoon committed the alleged crimes. This…

681. Child Custody Lawyers in Jackson, Mississippi

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  • mississippi-lawyers.com language

Navigating a child custody dispute in Jackson, MS can be a complex and emotional experience. Mississippi child custody law prioritizes the best interests of the child, and local courts carefully consider a range of legal and personal factors when making custody decisions.  Whether you’re going through a divorce or seeking a modification of an existing order, a skilled Jackson child custody lawyer can guide you through the process and help protect your parental rights. If you’re facing a child custody battle in Jackson, MS, call 601-948-4444 or use our online contact form to get experienced legal help today. Continue Reading › The post Child Custody Lawyers in Jackson, Mississippi appeared first on Mississippi Criminal and Family Law Blog.

682. Understanding Illinois House Bill 2658: Potential Changes to Restricted Driving Permits for DUI Convictions

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If you're facing a DUI charge in Illinois, staying informed about legislative changes can make a significant difference in protecting your driving privileges. One such development is Illinois House Bill 2658 (HB2658), which aims to amend the Illinois Vehicle Code to provide more flexible options for restricted driving permits (RDPs) and informal hearings for license suspensions or revocations. As a criminal defense and driver's license reinstatement attorney in Will County, Joliet, Illinois, I've seen how these laws directly impact clients' lives. In this blog post, we'll break down what HB2658 entails, its current status, and what it could mean for those dealing with DUI-related license issues. Whether you're searching for "Illinois restricted driving permit DUI" or "driver's license reinstatement after DUI," understanding this bill is crucial. What is Illinois House Bill 2658? HB2658, introduced in the 104th General…

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