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The Florida Lawyers Blog Watch:

The following is an RSS driven aggregation of the 50 most recent blog posts by lawyers in the State of Florida (Read more about the process...). This is not an exclusive club! If you know of another blogging Florida lawyer, please send a note to Steve Matthews and he'll get them added to the mix!

  • Arbitration Awards and Judicial Review of Contracts for Illegality

    July 28th, 2014

    By Jacek Stramski In Visiting Nurse Association of Florida, Inc. v. Jupiter Medical Center, Inc. (SC11-2468), the Florida Supreme Court held that courts cannot review, or refuse to enforce, an arbitration award based on a claim of contract illegality. A … Continue reading →... [Link]
  • Police in Florida Cannot Grab Suspect Without Reasonable Suspicion of Criminal Activity

    July 28th, 2014

    The Constitution protects people from unreasonable searches and seizures in Florida. What constitutes a search and/or seizure is not always obvious. For instance, if the police pull you over while driving, that is clearly a seizure under the law. If the police start searching your vehicle after t... [Link]
  • Man Arrested for Burglary in Clay County FL

    July 28th, 2014

    Burglary is a felony crime in Florida.  The Florida burglary law is Section 810.02.  This law defines burglary as: 1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at … Continue reading →... [Link]
  • NORTHWESTERN UNIVERSITY FOOTBALL PLAYERS ARE NOT EMPLOYEES

    July 28th, 2014

    Recently, the National Labor Relations Board ruled that grant-in-aid scholarship football players at Northwestern University are “employees” under the National Labor Relations Act. This has raised the question whether such players are now taxable on their scholarships. In a letter from the Offi... [Link]
  • Appellate Court Protects Florida Gun Owners From Prying Doctors and Gun Control Lobbyist

    July 28th, 2014

    How often does the answer to the question, "Do you own a firearm?" make a difference when you visit your doctor because of a sore throat? I'm willing to bet that "never" is the reply that comes to mind for most people. The U.S. 11th Circuit Court of Appeals apparently shares this opinion as shown... [Link]
  • Shrapnel Hazard Leads to BMW Recalling Vehicles with Takata Airbags

    July 28th, 2014

    BMW has recalled several of its most popular models due to defective Takata airbags, a problem that is hitting much of the global auto industry. The German automaker will recall 1.6 million 3-Series cars from model years 2000 to 2006 across the world, including 574,000 in the U.S. The company said t... [Link]
  • Default Judgments and Divorce Proceedings in Florida

    July 28th, 2014

    Seeking to end a marriage is often emotionally difficult. It can also be logistically difficult when your spouse is located somewhere far away and does not respond to the legal documents sent to him/her. Default judgments can be useful to allow you to move on with your life, but they require careful... [Link]
  • What Safety Precautions Should Florida Day Care Centers Take to Prevent Drownings?

    July 28th, 2014

    In Florida and other States, parents rely on day care centers to provide for the safety and early education of their children. The presence of swimming pool can be a wonderful benefit for the children enrolled in the day care center. Activities can be organized in and around the pool. The swimmi... [Link]
  • NHTSA Warns Against "False Security" of Novelty Motorcycle Helmets

    July 28th, 2014

    The law requiring helmet use by motorcyclists in Florida was repealed 14 years ago this month, and since then, the number of riders donning a helmet has been halved -- to roughly 50 percent, according to the Sun Sentinel. What's especially concerning to the National Highway Traffic Safety Adminis... [Link]
  • Banker Suicides indicate Stress of the Profession.

    July 28th, 2014

    If your family works in a high stress profession is a good idea to make sure you and your family keep their estate plans up to date. The unexpected deaths of finance workers in the past few months by suicide around the world have raised concerns about mental health and stress levels of the banking... [Link]
  • Should Your LLC Issue Written Certificates of Membership Interests?

    July 28th, 2014

    Ownership of a corporation is evidenced by a stock certificate. Ownership of an LLC is evidenced by the LLC’s operating agreement , and in most cases, confirmed by LLC income tax returns. LLCs do not typically issue “shares” or other …The post Should Your LLC Issue Written Certificates o... [Link]
  • The Origin of "White Waiver" in California

    July 28th, 2014

    As a property insurance attorney in California, I often come upon the situation where insureds consult with me when asked to sign what is known here as a "White Waiver." At the point that a "White Waiver" is brought up, a property owner at issue with an insurer either during the... [Link]
  • Too Many Lawyers -- Should We Cull the Herd?

    July 28th, 2014

    Time to ask that question again (school starts soon!):Ask Jason Fraser how many jobs he applied for after graduating from a St. Petersburg law school last year, and this is what he says: “Maybe 10 or 20 when it was someplace I wanted to work. Maybe 50 when I started getting desperate.” After s... [Link]
  • Stay Against a "Peripheral" Defendant?

    July 28th, 2014

    Not if the defendant is a direct competitor.  The Andersons, Inc. has sued Harrell's, LLC and three other defendants for infringement of U.S. Patent Nos. 6,884,756; 8,435,321; and 8,574,631 relating to water-dispersible pellet fertilizer.  Harrell's asked the Court to stay the case ag... [Link]
  • A JUDGE SPEAKS

    July 28th, 2014

    Every now and then the system works. A wise and experienced and successful individual runs for judge not because s/he needs a steady paycheck and a decent retirement, but because they want to give back to this community and hopefully make it a better place to live, work and thrive.Miguel De La... [Link]
  • Former president of local labor union found not guilty...

    July 28th, 2014

    ...in Judge Gayles' first trial.  From the Sun-Sentinel:Darryl Brice "Mike D" Payne, 47, was found not guilty Thursday by a 12-person jury following a trial of more than two weeks."This is an awesome day for me, and proof that God is alive and in control," said Payne, of Sunrise. "At the end of... [Link]
  • Miccosukee Tribe v. Bermudez – Florida Wrongful Death Judgment Reversed

    July 27th, 2014

    Florida’s Third District Court of Appeals has reversed a wrongful death judgment in favor of a man whose wife was killed in a drunk driving accident by an American Indian tribe member. The original verdict held the tribe vicariously liable for defending the tribe member, and the court found th... [Link]
  • Delay in Completion Losses Under a Builders Risk Policy - Part 2

    July 27th, 2014

    In the first discussion about delay in completion coverage, Delay In Completion Losses Under A Builders Risk Policy, I gave a general overview of the coverage. In this post, I'll discuss a more detailed focus on the topic. Recently, a New York trial court issued an order in a case involving delay in... [Link]
  • "Multiple Occurrences" in Insurance Law

    July 27th, 2014

    In cases where multiple injury victims seek compensation from at-fault party insurers, an issue that often arises is whether the injuries stemmed from one occurrence or multiple occurrences. Punta Gorda injury lawyers know this is often a key point that can significantly impact the overall amount... [Link]
  • Jacksonville Theft Charges for Stealing Electricity

    July 26th, 2014

    If you are caught stealing from a retail store, you will likely be arrested or issued a notice to appear.  If the stolen property is valued at $300 or more, you will be arrested for grand theft in Jacksonville.  If … Continue reading →... [Link]
  • Tampa Tribune: Florida Gay Marriage and Gay Divorce Cases

    July 26th, 2014

    As I wrote in a previous post, a Florida Circuit Court judge in Monroe County (in the Florida Keys) declared that Florida’s ban on same sex marriage is unconstitutional.  Though that ruling was stayed (not put into effect) pending appeal, … Continue reading →... [Link]
  • The Rich Get Richer: Cruise Executive Goldstein Unloads $2,599,935.36 of Royal Caribbean Stock

    July 26th, 2014

    Media reports say that Royal Caribbean Cruises Chief Operating Officer (COO) Adam Goldstein sold 42,152 shares of his cruise company’s stock yesterday. The shares were sold at an average price of $61.68 for $2,599,935.36. COO Goldstein still owns 370,724 shares of Royal Caribbean stock, valued... [Link]
  • What Does Your Insurance Company Mean When it Promises to Pay Actual Cash Value? - Part I

    July 26th, 2014

    In property damage insurance, one of several possible methods can be used for of establishing the value of insured property to determine the amount the insurer will pay in the event of loss. What method is used depends on the policy and your jurisdiction. Actual cash value or ACV, according to IRMI,... [Link]
  • Federal Appeals Court Affirms Crash Case Dismissal, Florida Courts Might Have Different Outcome

    July 26th, 2014

    The lawsuit brought by the widow of a fatally injured motorcyclist was dismissed by the U.S. Court of Appeals for the Eighth Circuit on the grounds that she failed to establish the defendant's owed a duty to her husband. Had the case been in Florida, our Fort Myers motorcycle crash attorneys know... [Link]
  • Jacksonville Jaguar Arrested for Possession of Marijuana

    July 25th, 2014

    Possession of less than 20 grams of marijuana is a misdemeanor in Florida.  If you are caught with a small amount of marijuana, you may be arrested or issued a criminal citation for possession of cannabis.  As Jacksonville criminal attorney, … Continue reading →... [Link]
  • When Can a Prosecutor Not Subpoena Your Medical Records in a DUI Manslaughter Case?

    July 25th, 2014

    In the case of Juan Guardado versus the State of Florida, Mr. Guardado was involved in a three-vehicle crash.  Two of the passengers in Guardado’s car were killed.  When a Trooper from the Florida Highway Patrol arrived at the… The post When Can a Prosecutor Not Subpoena Your Medical R... [Link]
  • Are Your Airbags Safe? Mitsubishi Recalls Lancer Sedans with Takata Airbags

    July 25th, 2014

    Mitsubishi Motors Corp is recalling cars made with Takata Corp air bags in Florida, Hawaii, Puerto Rico and the U.S. Virgin Islands. Mitsubishi has joined nine other automakers in conducting a recall in those states. Mitsubishi has said it will conduct a limited recall of model year 2004 and 2005 La... [Link]
  • Convicted Okeechobee County Drug Dealer Arrested on New Drug Charges

    July 25th, 2014

    A 33-year-old Okeechobee man who had served nearly four years in prison for trafficking in cocaine was arrested last week in his R-Bar Estates home on felony drug charges. More than 180 grams of suspected marijuana and more than 24 grams of suspected amphetamine were allegedly found in his home, alo... [Link]
  • Convicted Okeechobee County Drug Dealer Arrested on New Drug Charges

    July 25th, 2014

    A 33-year-old Okeechobee man who had served nearly four years in prison for trafficking in cocaine was arrested last week in his R-Bar Estates home on felony drug charges. More than 180 grams of suspected marijuana and more than 24 grams of suspected amphetamine were allegedly found in his home, alo... [Link]
  • Marriage Equality Victory, Miami Edition

    July 25th, 2014

    I'm just thrilled!The flood of cases that have come out since Windsor amply demonstrates this truth as not one court has found a same-sex marriage ban to be constitutional. As case after case has come out, unified in their well-reasoned constitutional condemnation of the deprivation of one class of... [Link]
  • Lenz v. Cent. Parking Sys. – Workers’ Comp Coverage for Ongoing Ailments

    July 25th, 2014

    Workers injured on the job are entitled to receive compensation for injuries. What many workers may not realize, though, is once those payments cease, they could be restarted if there is a material change in condition, stemming from the original injury, which requires additional treatment. Florida S... [Link]
  • Judge Rebull Says "No Lomi Lomi!"

    July 25th, 2014

    I know, I know: this article is Rumpole's turf, but he doesn't work on Friday afternoons unless he is in trial and the matter tickled my fancy.A Miami-Dade judge on Friday ordered an upscale Coconut Grove salon to reveal to authorities the name of a woman who complained she was sexually assaulted by... [Link]
  • Florida City Noise Ordinance Found to be Unconstitutional

    July 25th, 2014

    Ocala, Florida, a city near Jacksonville, Florida, enacted a city ordinance that prohibited "unnecessary or disturbing noises". Normally, this comes up when a person is playing loud music in his/her vehicle. An individual was cited in Ocala, Florida for violating this noise ordinance and appealed... [Link]
  • Judge Robin Rosenberg sworn in

    July 25th, 2014

    Congratulations!Photog credit: Adam Rabin... [Link]
  • President Obama Declares Additional Aid for New York Following Severe Storms

    July 25th, 2014

    On July 8, 2014, President Obama issued a major disaster declaration for New York State following severe storms and flooding in Allegany, Cattarugus, Chautauqua, Delaware, Herkimer, Lewis, Livingston, Ontario, Ostego, Steuben, and Yates counties between May 13 and May 22, 2014.1 The President also o... [Link]
  • Royal Caribbean Bars Pregnant Passenger, Then Apologizes

    July 25th, 2014

    News sources in Canada are reporting that Royal Caribbean barred a woman from cruising with her family after she admitted that she was pregnant but didn't have a note from her doctor stating that she was fit to travel.  Global Toronto states that Michelle Ligori, her husband and their two... [Link]
  • Red (Jacket) Alert!

    July 25th, 2014

    Here Spencer is making not just a sartorial point, but an economic one as well:For nearly 25 years, I have represented the families of those who have been negligently killed in Florida in all sorts of personal injury wrongful death cases, ranging from traffic accidents to medical malpractice. &nb... [Link]
  • Monster 11th Circuit opinion decided by no active 11th Circuit judges

    July 25th, 2014

    Judges Sentelle (from the DC Circuit) and Fay (senior) are in the majority, reversing Judge Marra on the big Chiquita banana case. The only active judge, Martin, dissents. Here's the opinion. The AP has the background on the case:A panel of the 11th U.S. Circuit Court of Appeals ruled 2-1 that feder... [Link]
  • BRIAN MCDONALD RETIRES

    July 25th, 2014

    In the arena of criminal law in Miami, Assistant Public Defender Brian McDonald has seen it all and done it all and given all to his clients.  He was here during the McDuffie and Lozano riots, and the crack scourge and the cocaine cowboy drug wars and saw the advent of minimum mandatory se... [Link]
  • Feds Review No-Fly List on Domestic and International Air Travel

    July 24th, 2014

    Yesterday, the government made public the set of internal rules that are used to compile the list of names on the infamous No-Fly list. Now, the right of U.S. citizens to move among and between the States has its roots in the U.S. Constitution. The Commerce Clause, the Comity Clause, and the Due Pro... [Link]
  • Manhunt Results in Arrest of 3 Teens in Hendry County

    July 24th, 2014

    Law enforcement agencies from Hendry and Lee counties were sent on a manhunt Thursday after it was reported three teenage boys had allegedly stolen a car from Lee County. Officials claim the trio took the vehicle on a joyride that eventually ended in Pioneer Plantation in Central Hendry County. The... [Link]
  • Manhunt Results in Arrest of 3 Teens in Hendry County

    July 24th, 2014

    Law enforcement agencies from Hendry and Lee counties were sent on a manhunt Thursday after it was reported three teenage boys had allegedly stolen a car from Lee County. Officials claim the trio took the vehicle on a joyride that eventually ended in Pioneer Plantation in Central Hendry County. The... [Link]
  • How Long Will I Go to Jail in Duval County Florida?

    July 24th, 2014

    As a Jacksonville criminal attorney, I have represented many people in Duval County FL.  I also receive a lot telephone calls from people that have been arrested in Northeast Florida.  People will often ask, “How long will I go to … Continue reading →... [Link]
  • Part 4–THE DELINQUENT INTERNATIONAL RETURN SUBMISSION PROCEDURES

    July 24th, 2014

    Below is Part 4 of my partner, Rick Josepher’s, analysis of the new offshore enforcement environment in light of the new 2014 Offshore Voluntary Disclosure Procedures. To view this Part, and all prior parts, in PDF format (which will be easier to read and save given the length and formatting of th... [Link]
  • Norwegian Cruise Line Wins Worst Cruise Line in the World Award

    July 24th, 2014

    It's been a while since I awarded my "Worst Cruise Line in the World" award. Quite frankly, I became tired of giving it to Carnival and Royal Caribbean every month.  But a reader of Cruise Law News just sent me a story of little Nicolas Colucci, age 5, who underwent emergency sur... [Link]
  • Falling in the Wrong Location Can Affect Your Right to Recover Damages

    July 24th, 2014

    If you trip and fall on someone else’s property because a dangerous condition existed, such as, for example, a wet substance, the property owner should be liable for your injuries. At least, that’s the basic idea behind premises liability. But the ability to show a business owner is liable for y... [Link]
  • Six Month Delay in Reporting Property Damage Claim was not "Prompt Notice" According to Eleventh Circuit

    July 24th, 2014

    If an insured fails to provide prompt notice of its property loss, it can often be grounds for denial of coverage. Most policies have a provision that notice be given promptly, immediately, or as soon as practicable. The question then becomes what is “prompt notice”? In PDQ Coolidge Form... [Link]
  • House Bill H.R. 5137 – Asylum Reform and Border Protection Act—The Biggest change in immigration law since 1996?

    July 24th, 2014

    Republicans in the U.S. House of Representatives recently proposed a bill aimed at dealing with the crisis currently taking place on the Southwest Border. House Judiciary Chairman, Rep. Bob Goodlatte introduced the bill and provided the following support for it: “Since President Obama won’t t... [Link]
  • He's Back!

    July 24th, 2014

    Tan, ready, and rehabilitated:Henry "Hank" Adorno, whose law firm collapsed after he mishandled a class action settlement, can practice law again.The Florida Supreme Court on Wednesday reinstated Adorno's license, which was suspended for three years in October 2010.Adorno once ran the nation's larg... [Link]
  • BREAKDOWN!

    July 24th, 2014

    (In a resigned voice as if he says this 100's of times a day):"Hi. Welcome to the department of corrections. Please sign in and take a seat. We will be with your shortly.""Yes, but you see I have to be back at work by 1:30 pm. Lots of people will be waiting for me.""We all have to be back at work la... [Link]