Blog

16 Jul

Fulgencio Law files first state court lawsuit in Florida against Lumber Liquidators

On June 23, 2015, Fulgencio Law, PLLC attorneys Bethany Wharrie and Felipe Fulgencio filed the first state court laswsuit in Florida against Lumber Liquidators for the unsafe levels of formaldehyde found in its flooring. Fulgencio Law represents a family who purchased Lumber Liquidators’ flooring from one of Lumber Liquidators’ Hillsborough County stores. After the family had the flooring installed in their home, the family’s youngest member, a two year old child, developed signs and symptoms of formaldehyde exposure including sore [...]

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14 Oct

Fulgencio Law files suit against large Organic Food Company

Fulgencio Law has filed a lawsuit against one of the country’s largest organic food companies. But the company is not the only defendant in the case. Often, food sold under a brand name is not actually made by that company. Rather, the company “holds” the recipe, and contracts the manufacturing out to another company. That’s what happened here. In Florida, however, both companies will share liability for the damages caused by the product. Both companies were sued after a child was [...]

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30 May

BP Oil Spill Claim Payments to Resume

Courts Decide Not Delay Payments to Deserving Businesses Any Further The Fifth Circuit Court of Appeals today issued a mandate vacating the injunction that imposed a Stay on claim payments back on October 3, 2013, and District Court Judge Barbier followed-up with an Order directing the Claims Administrator to resume payments.  This came only one day after BP’s motion to keep the Stay in place was denied by the Fifth Circuit Court. In a short response, the Fifth Circuit issued this mandate:  [...]

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20 May

There Is Still Time to File your BP Claim

The Fifth Circuit Court of Appeals denied BP’s Hail May request for its previously denied appeals to be reheard by the entire panel of appellate judges, leaving BP with possibly no further legal options to avoid paying the economic damages caused by the spill.  As per a prior Order by the Court, now that the issue is resolved, claim payments are expected to resume in short order as the Stay is lifted.  8 of the panel’s 13 judges voted [...]

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20 May

Fulgencio Law Secures Settlement in Food Poisoning Case

Fulgencio Law secured a confidential settlement for our client who fell ill after consuming Defendant’s applesauce. The tests showed that mold was present in the applesauce, but the Defendant never made an offer of settlement until after our office filed a lawsuit on behalf of our client. It was only after a lawsuit was filed that the defendant realized our claims had legal bite, and that we were willing to pursue the case in court. Soon after the complaint was filed [...]

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18 Mar

Federal Court Grants Summary Judgment on Sinkhole Loss Claim

Liberty Mutual Insurance put up a fight but Federal Judge Elizabeth Kovachevich granted our motion for summary judgment today. Several attorneys and law firms were responsible for representing the plaintiffs. That is not uncommon, especially since insurance companies often also employ the same strategy and hire a number of attorneys and law firms to ensure that they can avoid paying out claims. The full text of the Order can be found here: Order Granting Pf’s MSJ. In the end, the Court, [...]

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18 Mar

GM Recalls 1.5 Million Vehicles

In the past month alone, GM has issued a recall for over 1.6 million of its vehicles, claiming defects in the ignition system. Now, GM announces it will recall 1.5 million more. The ignition system defect has been linked to at least 12 fatal car accidents. Nevertheless, GM has waited nearly a decade to issue the recall. As a result of this recall and the underlying safety issues, Congress will hold hearings on the matter, and GM will likely face [...]

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14 Mar

Fulgencio Law Secures Verdict For Client In Illegal Towing Case

On March 10, 2014, Hillsborough County Judge Gaston Fernandez entered Final Judgment awarding damages and attorneys’ fees in the amount of $10,981.00 in favor of Fulgencio Law’s client, Anthony Buccellato and against Defendant, East Ritchey Square Center, Inc. for East Richey’s failure to comply with the notice requirements in Florida’s towing statute, §715.07. Because the Defendant failed to comply with the statute, it became an illegal towing case. Fulgencio Law filed a lawsuit, and the case proceeded to trial. After [...]

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25 Feb

What is a Letter of Protection?

This article will attempt to explain what a Letter of Protection is and how it can affect your case. If you have been a victim of someone’s negligence (car accident or another vehicular collision, slip and fall, dog bite), and you do not have health insurance, or the medical benefits you have available are not sufficient to cover your medical bills, a Letter of Protection might be just the solution. Most often, your case cannot be proved without medical care. [...]

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25 Feb

Recent Changes to Florida’s Medical Malpractice Pre-Suit Requirements

The law in Florida requires someone who has a medical negligence, or medical malpractice claim, to conform to very strict rules before filing a lawsuit. These rules to be followed before a lawsuit may be properly filed are commonly referred to as MedMal Pre-Suit. In a nutshell, before a person (or “claimant”, or “plaintiff”) who has been harmed by the negligence of a doctor or dentist a file a lawsuit, notice needs to be given to the doctor and [...]

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