[CLC-Discussion] Death of ELR

[Sandra Kennedy]

I would expect more negligence cases, and different arguments to limit damages to contract theories.  That’s what I meant.  We may not call it the ELR, but we will deal with similar principles and face more claims.

Sandra D. Kennedy
Florida Bar Board Certified Construction Lawyer
Ferencik Libanoff Brandt Bustamante and Williams, P.A.
150 South Pine Island Road, Suite 400
Fort Lauderdale, Florida 33324
Tel (954) 474-8080
Fax (954) 474-7343
Miami (305) 949-8003
skennedy at flbbwlaw.com<mailto:skennedy at flbbwlaw.com>


From: Lane, Joseph [mailto:joseph.lane at lowndes-law.com]
Sent: Thursday, March 07, 2013 3:28 PM
To: Sandra Kennedy; Gibbons, Michael; clc-discussion at lists.flabarrpptl.org
Subject: RE: Death of ELR


If Mr. Gibbons reads decision right I doubt what there is left to litigate anymore  -- this decison comes from the Boss.

Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone:  407-418-6343
Fax:    407-843-4444
email:  joe.lane at lowndes-law.com<mailto:joe.lane at lowndes-law.com>
www.lowndes-law.com<http://www.lowndes-law.com>

From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Sandra Kennedy
Sent: Thursday, March 07, 2013 3:04 PM
To: Gibbons, Michael; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Death of ELR

I think it opens everything up to increasingly confusing pronouncements and loads more litigation! Wish I could be there!

Sandra D. Kennedy
Florida Bar Board Certified Construction Lawyer
Ferencik Libanoff Brandt Bustamante and Williams, P.A.
150 South Pine Island Road, Suite 400
Fort Lauderdale, Florida 33324
Tel (954) 474-8080
Fax (954) 474-7343
Miami (305) 949-8003
skennedy at flbbwlaw.com<mailto:skennedy at flbbwlaw.com>

From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Thursday, March 07, 2013 2:49 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Death of ELR


  The Florida Supreme Court published an opinion today that effectively kills the ELR in Florida and ends decades of increasingly confusing pronouncements and questions about the scope of the myriad exceptions to the ELR.  In response to a certified question from the 11th Circuit, the Supreme Court took the opportunity to expressly  hold that the ELR is limited to products liability cases period.  Tiara Condo Assoc. Inc. v. Marsh & McLennan Comps., Inc., 38 Fla. L. W S151a.   Just in time for the Construction Law Institute.

Michael R. Gibbons  (Bio<http://lowndes-law.com/our-people/michael-r-gibbons>)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons at lowndes-law.com<mailto:michael.gibbons at lowndes-law.com>
website: http://www.lowndes-law.com<http://www.lowndes-law.com/>

        [cid:image001.jpg at 01CE1B49.99D356D0]

From: Bruce Loren [mailto:bloren at lorenlawfirm.com]
Sent: Wednesday, March 06, 2013 6:37 AM
To: David C. Agee; Michael R. Romm, P.A.; Gibbons, Michael; Larry Leiby; Dan Vega; fred.dudley at hklaw.com<mailto:fred.dudley at hklaw.com>; blc at kirwinnorris.com<mailto:blc at kirwinnorris.com>; bkpa1 at aol.com<mailto:bkpa1 at aol.com>; hroberts at carltonfields.com<mailto:hroberts at carltonfields.com>; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: RE: Recommendation for ADA expert in the Jacksonville area

Does anyone have the name of an expert in the Jacksonville area that can inspect and opine on ADA violations in a shopping center?

Thanks

Bruce E. Loren, Esq.
Board Certified by The Florida Bar in Construction Law
Certified by the U.S. Green Building Council
as a Leed Accredited Professional
 [cid:850105815 at 16102011-27B0]
LOREN LAW FIRM
2000 Palm Beach Lakes Boulevard, Suite 501 West Palm Beach, Florida 33409
Phone: (561) 615-5701
Fax: (561) 615-5708
www.lorenlawfirm.com<outbind://55/www.lorenlawfirm.com>
The information contained in this e-mail message is attorney client privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of the message is not the intended recipient, or the employer or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above via the U.S. Postal Service. Thank you.
-Please consider the environment before printing this e-mail



Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same.

Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.

Notice Under U.S. Treasury Department Circular 230: To the extent that this e-mail communication and the attachment(s) hereto, if any, may contain written advice concerning or relating to a Federal (U.S.) tax issue, United States Treasury Department Regulations (Circular 230) require that we (and we do hereby) advise and disclose to you that, unless we expressly state otherwise in writing, such tax advice is not written or intended to be used, and cannot be used by you (the addressee), or other person(s), for purposes of (1) avoiding penalties imposed under the United States Internal Revenue Code or (2) promoting, marketing or recommending to any other person(s) the (or any of the) transaction(s) or matter(s) addressed, discussed or referenced herein. Each taxpayer should seek advice from an independent tax advisor with respect to any Federal tax issue(s), transaction(s) or matter(s) addressed, discussed or referenced herein based upon his, her or its particular circumstances. [v4.30]


Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same.

Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail.

Notice Under U.S. Treasury Department Circular 230: To the extent that this e-mail communication and the attachment(s) hereto, if any, may contain written advice concerning or relating to a Federal (U.S.) tax issue, United States Treasury Department Regulations (Circular 230) require that we (and we do hereby) advise and disclose to you that, unless we expressly state otherwise in writing, such tax advice is not written or intended to be used, and cannot be used by you (the addressee), or other person(s), for purposes of (1) avoiding penalties imposed under the United States Internal Revenue Code or (2) promoting, marketing or recommending to any other person(s) the (or any of the) transaction(s) or matter(s) addressed, discussed or referenced herein. Each taxpayer should seek advice from an independent tax advisor with respect to any Federal tax issue(s), transaction(s) or matter(s) addressed, discussed or referenced herein based upon his, her or its particular circumstances. [v4.30]
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20130307/26b62f12/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2865 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20130307/26b62f12/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.gif
Type: image/gif
Size: 7470 bytes
Desc: image002.gif
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20130307/26b62f12/image002.gif>