For sellers of goods, it is all but impossible to escape the reach of the Uniform Commercial Code ("UCC") because its Article 2 applies to sales of goods.
The Tennessee Supreme Court on July 20 made two rulings saying vicarious liability claims against hospitals can proceed when statute of limitations barred claims against agents.
By now, property insurance carriers and their counsel are likely familiar with Senate Bill 76, in which the Florida Legislature finally codified long-needed changes to the current.
Guidance on Awarding Attorney’s Fees
The Legislature has brought clarity and guidance to trial courts deciding whether to award a party attorney’s fees and expenses in an action brought under the Act. Prior to the new law, § 46A-5-104 of the Act merely told trial courts they could award “reasonable” attorney’s fees and expenses to a consumer and could award the same to a defendant if the action was brought in bad faith and for the purposes of harassment. The new law still provides that trial courts may award “reasonable” attorney’s fees to a consumer and also to a defendant if the action was brought in bad faith and for the purposes of harassment. But, the new law requires trial courts to conduct a “lodestar” analysis and examine the following factors in determining the amount of fees and expenses to award: