1 spank isn't domestic violence, Fla. court says

Recent Cases

An appeals court says a single spank doesn't qualify as domestic violence.

A three-judge panel of the 1st District Court of Appeal on Friday quashed an injunction for protection against domestic violence.

It cited common law and a 2002 Florida Supreme Court ruling that says reasonable or non-excessive corporal punishment can be used as a defense against child abuse charges.

Circuit Judge Karen Gievers of Tallahassee had issued the injunction against a father identified in the ruling only as "G.C."

He had been accused by his former wife of spanking their 14-year-old daughter once on the buttocks with his hand.

The father said the teen had been disrespectful and defiant. The girl said she was only being sarcastic.



Related listings

  • Class Action Filed Against Former, Current A&P Execs

    Class Action Filed Against Former, Current A&P Execs

    Recent Cases 09/13/2011

    A class action has been filed in the U.S. District Court for the District of New Jersey on behalf of purchasers of the securities of the Great Atlantic & Pacific Tea Co. Inc. (A&P) for the period between July 23, 2009, and Dec. 10, 2010. The ...

  • Court: Samsung can't sell tablet in Germany

    Court: Samsung can't sell tablet in Germany

    Recent Cases 09/09/2011

    A German court rules that Samsung Electronics's Galaxy Tab cannot be sold in Germany because it violated patents of rival Apple's iPad2. A Duesseldorf state court said Friday it would not allow Samsung, based in Seoul, South Korea, to market its Gala...

  • Ga. high court ousts pot-smoking judge from bench

    Ga. high court ousts pot-smoking judge from bench

    Recent Cases 09/07/2011

    A Georgia judge who pointed a gun at himself in the courtroom, berated his boss in a bizarre televised rant and admitted to regularly smoking marijuana was ousted from the bench for life by the state's top court Tuesday. The Georgia Supreme Court's u...

Workers’ Compensation Subrogation of Administrative Fees and Costs

When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read