Articles Posted in civil law

Jeffrey P. Gale, P.A. // Election of Remedies in Florida: The Point of No Return
Jeffrey P. Gale, P.A.

Some legal wrongs give the aggrieved party more than one avenue of redress. A common example arises when an injured person must choose between pursuing a remedy under common law or seeking benefits under Florida’s Workers’ Compensation Law, Chapter 440, Florida Statutes. However, once a path is chosen and pursued past a certain threshold, the…

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Jeffrey P. Gale, P.A. // Loss of Co-Worker WC Immunity Not Imputed to Employer
Jeffrey P. Gale, P.A.

Florida employees hurt at work have the potential of being compensated under the State’s workers’ compensation and civil laws. To recover under civil law against employers and fellow employees (including corporate officers or directors, supervisors, and managers), employees must overcome workers’ compensation immunity. Section 440.11(1)(b), Florida Statutes sets out what employees must prove to overcome…

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Jeffrey P. Gale, P.A. — Arbitration is Un-American
Jeffrey P. Gale, P.A.

The 7th Amendment to the United States Constitution, ratified in 1791, codifies the importance of jury trials in civil cases to the framework in the American Way. Here is the amendment’s simple language: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be…

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