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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!

  • What are the Risks to Children in Homes, Day Care Centers, Schools, and Summer Camps From the Ingestion or Exposure to Chemicals, Poisons, and Common Household Goods?

    July 5th, 2015

    While children are under the care of parents, relatives, neighbors, friends, day care centers, schools, or summer camps, there are some common household items, poisons, and cleaners that pose a significant risk of injury to children.   Let’s take laundry detergent pods.   It has been reported th... [Link]
  • The Origins of Collaborative Divorce: Stu Webb’s Letter

    July 4th, 2015

    In 1990, a Minnesota family law attorney named Stu Webb began promoting what he deemed “Collaborative Law,” or the practice of law separating out trial work and creating negotiation specialists.  Collaborative Law is now used in Tampa Bay, throughout Florida, and … Continue readi... [Link]
  • Happy 4th of July from Merlin Law Group

    July 4th, 2015

    All of us at Merlin Law Group wish you a happy and safe 4th of July. . [Link]
  • Happy 10th Birthday to the Blog!

    July 4th, 2015

    The Southern District of Florida Blog shares its birthday with the U S of A.  The blog turns 10 this year.  And America is 239, not 2015.The very first post 10 years ago asked for President Bush to appoint a Floridian to the Supreme Court.  Although the Court did get its first Hispani... [Link]
  • Seabright Ins. Co. v. Lopez – Work-Related Car Accident

    July 4th, 2015

    In most car accidents, injured persons or survivors of those deceased may seek compensation from the at-fault driver’s insurance company or, in some cases, their own through uninsured/underinsured motorist coverage. But in cases where the person injured or killed was performing a work-related... [Link]
  • "Lien Stripping" - Still Available in Chapter 13

    July 4th, 2015

    "Lien stripping" of underwater mortgages or other junior lien is still available under chapter 13 bankruptcy. In order to lien strip, in some cases the mortgage or other junior must be wholly underwater and in some case it need not.  The lien stripping would be provided for in a chapter 13 debt... [Link]
  • Happy July 4!

    July 4th, 2015

    ... [Link]
  • What if a Child Drowns at a Neighbor’s Pool, Community Pool, Day Care Center, or Water Park?

    July 4th, 2015

    Even though the risks are well known or should be well known to all adults, some how children including but not limited to toddlers drown every year at private pools, community pools, day care centers, and water parks.  Even one child, who drowns as a result of a preventable incident, is one child... [Link]
  • NCL Crew Member Reported Overboard from the Norwegian Sun in Alaska

    July 3rd, 2015

    Several NCL crew members reported to me that a crew member aboard the Norwegian Sun went overboard early yesterday morning while the Sun was proceeding to Juneau, Alaska. The crew member reportedly went overboard before the cruise ship reached Juneau.  The crew members was not rescued and his b... [Link]
  • Jeffrey P. Gale, P.A. // Apportioning Settlement Proceeds in Florida Wrongful Death Cases

    July 3rd, 2015

    Not infrequently, the amount of money available following a wrongful death accident to fully satisfy outstanding debts (e.g., medical bills, funeral expenses, credit cards) and compensate survivors for their loss is inadequate. Where the settlement [in the wrongful death claim] is less than th... [Link]
  • Florida Criminal Conviction Based on Circumstantial Evidence

    July 3rd, 2015

    Direct vs. Circumstantial Evidence Can you be convicted based on circumstantial evidence in Florida? It depends. If you have been charged with a crime and you have a question about the evidence against you, the best thing to do is … Continue reading →... [Link]
  • A Decade of Injustice: The George Smith Case

    July 3rd, 2015

    This weekend will mark 10 years since George Smith disappeared from Royal Caribbean's Brilliance of the Seas in the early morning hours of July 5, 2005.  Mr. Smith was on a honeymoon cruise with his newlywed bride, Jennifer Hagel, who we later represented on behalf of Mr. Smith's estate against... [Link]
  • State Farm Mut. Auto. Ins. Co. v. Earl – Motorcycle Accident Lawsuit

    July 3rd, 2015

    Auto insurance companies often will not pay an insured what is owed under uninsured/underinsured motorist coverage provisions without a fight.  Uninsured/underinsured motorist coverage is coverage paid for by the insured in the event he or she is injured due to the negligent actions of another driv... [Link]
  • Five Tips to Stay Safe This 4th Of July

    July 3rd, 2015

    What’s a better way to start the summer than celebrating with friends and family! Every year on the Fourth of July families and friends get together and celebrate with a cookout and fireworks. While these events can be a lot of fun for people of all ages, it is important to remember the following... [Link]
  • Late Notice of Claims in Montana

    July 3rd, 2015

    I previously posted a video about late notice of claims and the effect thereof nationwide. Recently, the Supreme Court of Montana re-affirmed that an insurer must show actual prejudice before denying a claim because of late notice. In Atlantic Casualty Insurance Company v. Greytak,1 the Montana Supr... [Link]
  • The Eye of the Tiger!

    July 3rd, 2015

    ... [Link]
  • What if a Child is Injured in an Automobile Accident by a Distracted Driver?

    July 3rd, 2015

     Since people began driving automobiles, there have always been a problem with distracted driving.  Now that virtually every driver out there owns a mobile phone or has access to one, distracted driving is even more prevalent if there is any mobile phone use during the driver.   That’s right, a... [Link]
  • Mad Man: Pure Applesauce Edition

    July 3rd, 2015

    Pure applesauce? Can anyone take this guy seriously anymore? I'm not the only one who thinks it's time for him to go.Justice Scalia’s excessive rhetoric in the same-sex marriage decision about “unelected lawyers” and “commissions of nine people” rings more than hollow given Scalia’s freq... [Link]
  • 4th of July DUI Checkpoints: Northumberland County

    July 3rd, 2015

    Sunbury Police confirm there will also be an increased crackdown on drunk boaters this weekend.  Boaters on the Susquehanna river should also be aware and operate with caution.  (See the penalties for Boating under the influence- BUI) Drivers are advised to use their best discretion when getting... [Link]
  • 4th of July DUI Checkpoints: Dauphin County

    July 3rd, 2015

    Pennsylvania State Police will be conducting DUI checkpoints throughout Harrisburg and Dauphin County during the holiday weekend.  Drivers should expect delays and traffic. Additionally, this year there is a big push to crackdown on drunk boaters and Dauphin County District Attorney Ed Marsico has... [Link]
  • 4th of July: BBQs, Fireworks and DUI Checkpoints 2015

    July 3rd, 2015

    Below is a list of DUI checkpoints all around PA for the holiday weekend. If you have additional information, please share it in the comments. As always, The McShane Firm encourages you to make safe and responsible decisions.  Before you go out, please remember to read our blog post: 5 Ways to Av... [Link]
  • 4th of July DUI Checkpoints: Berks County

    July 3rd, 2015

    Pennsylvania State Police and PennDOT will be conducting DUI checkpoints in Berks County during the holiday weekend.  Drivers should expect delays and traffic. The sobriety checkpoints will be held between July 3-July 5. There will also be a number of roving patrols through out the county, especi... [Link]
  • 4th of July DUI Checkpoints: Clearfield County

    July 3rd, 2015

    Pennsylvania State Police Troop C will be conducting DUI checkpoints in Clearfield County during the holiday weekend.  Drivers should expect delays and traffic. The sobriety checkpoints will be held between July 3-July 5. There will also be a number of roving patrols through out the county, espe... [Link]
  • 4th of July DUI Checkpoints: Philadelphia

    July 3rd, 2015

    Capt. John Wilcyznski, with the Philadelphia Police Department’s accident investigation division (AID) says there will also be increased DUI checkpoints on the roads this weekend. Drivers should expect delays and traffic. The sobriety checkpoints will be held between July 3-July 5. There will als... [Link]
  • 4th of July DUI Checkpoints: Venango County

    July 3rd, 2015

    Pennsylvania State Police and local police will be conducting DUI checkpoints in Venango County during the holiday weekend.  Drivers should expect delays and traffic. The sobriety checkpoints will be held between July 3-July 5. There will also be a number of roving patrols through out the count... [Link]
  • 4th of July DUI Checkpoints: West Mifflin Borough/Allegheny County

    July 3rd, 2015

    Pennsylvania State Police and the South Hills DUI Task Force will be conducting DUI checkpoints in West Mifflin Borough/Allegheny County during the holiday weekend.  Drivers should expect delays and traffic. The sobriety checkpoints will be held between July 3-July 5. There will also be a number... [Link]
  • 4th of July DUI Checkpoints: Jefferson County

    July 3rd, 2015

    PennDOT, Pennsylvania State Police and local police will be conducting DUI checkpoints throughout Jefferson County during the holiday weekend.  Drivers should expect delays and traffic. There will also be a number of roving patrols through out the county, especially from Friday evening through Mo... [Link]
  • 4th of July DUI Checkpoints: Lebanon County

    July 3rd, 2015

    Pennsylvania State Police will be conducting DUI checkpoints throughout Lebanon County during the holiday weekend.  Drivers should expect delays and traffic. There will also be a number of roving patrols through out the county, especially from Friday evening through Monday morning. Drivers are advi... [Link]
  • Partnership Rules Not Applicable to Determining Recourse vs Nonrecourse Status of Debt Outside of Subchapter K

    July 3rd, 2015

    Code Section 752 and its regulations provide extensive rules as to determining whether partnership debt is recourse or nonrecourse. Such determinations are relevant for basis determination purposes under Subchapter K (the Subchapter applicable to partnership taxation) and other Subchapter K purposes... [Link]
  • Fourth of July Road Dangers

    July 2nd, 2015

    Fireworks are definitely dangerous, but they are not the only dangers to avoid this Fourth of July weekend. The roadways are especially hazardous during the summer holidays. When you are traveling to or from an Independence Day party this year, please remember to be on the look out for reckless driv... [Link]
  • OH MY GOODNESS

    July 2nd, 2015

    From NBC 6, video of Judge Mindy Glazer and a defendant who was her junior high school classmate. The two classmates bumped into each other at bond hearing. One was on the bench, one was wearing orange, the new black. The defendant was overcome with emotion, repeating "oh my goodness, oh my goodness... [Link]
  • Has Your Water Bottle Been Recalled Because of E.Coli?

    July 2nd, 2015

    Recently it has been announced that Niagara Bottling LLC, a family- owned bottling company has issued a voluntary recall due to the possibility of an E. coli contamination. The company urges consumers to either avoid drinking the water or to boil it for one minute and then let cool before drinking i... [Link]
  • Lopez v. U.S. – Injury Crash Involving Postal Worker

    July 2nd, 2015

    A car accident victim sued the federal government under the Federal Tort Claims Act after he was injured as a passenger in a vehicle struck from behind by a postal truck. In Lopez v. U.S., before the U.S. court of Appeals for the Eighth District, plaintiff asserted the presumption of negligence on a... [Link]
  • Jeffrey P. Gale, P.A. // Maintain Bodily Injury Insurance or Face Suspension of Driving Privileges and Vehicle Registrations

    July 2nd, 2015

    Florida’s motor vehicle insurance laws can be confusing, even to lawyers and  judges. It is little wonder, then, that lay people often face unfortunate predicaments because of uninformed insurance decisions. One of the most common predicaments is the suspension of driving privileges and v... [Link]
  • Complex Regional Pain Syndrome Cases

    July 2nd, 2015

    Twenty years ago, if you injured your limb and developed a debilitating pain condition called reflex sympathetic dystrophy (RSD), you would have likely been told that “it’s all in your head.” Instead of treating the pain, patients branded with the label RSD were believed to be crazy and were r... [Link]
  • 3d DCA Watch: Extraordinary Writ Edition!

    July 2nd, 2015

    Sorry so late. I had to pull back a tad from my pre-July 4 festivities to cobble together a few words. Apparently, I am not the only one.Let's get to it.A pro se criminal Writ of Habeas Corpus:...the Clerk of the Court of the Third District Court of Appeal shall refuse to accept further pro se fil... [Link]
  • An Insurance Company's Wrong Claim Decision Can Be Overturned

    July 2nd, 2015

    In my several years working at Merlin Law Group, I have seen my share of insurance claim denials. Sometimes the insurer makes the proper claim decision, sometimes they do not. I will be the first to say that not every case is a bad faith case. If you are reading this blog as a policyholder, whether... [Link]
  • Marty Steinberg to Bilzin Sumberg: It's Not You, It's Me!

    July 2nd, 2015

    The DBR has it here.High-profile commercial litigator Marty Steinberg is on the move again about three years after leaving Hunton & Williams to join Bilzin Sumberg Baena Price & Axelrod.This time Steinberg's making the jump to Hogan Lovells, and he won't be alone. He's taking his specialty practice... [Link]
  • How to Run a National and Florida Background Check on Yourself

    July 2nd, 2015

    If you have ever been arrested, you may be wondering what your criminal record looks like. The best way to find out is to run a background check on yourself.   How do you do this? There are several ways to … Continue reading →... [Link]
  • Were You on one of the June 25th HAL Promech Flightseeing Excusions? Call the NTSB Now!

    July 2nd, 2015

    Cruise passengers from the Westerdam and the Noordam Holland America Line (HAL) cruise ships were on three Promech excursion flighseeing planes on the fateful day of June 25th when 8 HAL passengers died. These passengers experienced substantially similar experiences regarding the weather condit... [Link]
  • One Hundred And Thirty New Laws Just Took Effect In Florida: Here Is What You Need To Know

    July 1st, 2015

    As of today, July 1, 2015 there are 130 new laws that were produced by the Legislature this year in both regular and special sessions.  For the year there were a total of 239 bills sent to Governor Rick Scott and he only vetoed 7 of them. Also 63 of the laws that were approved… Read more... [Link]
  • New Article on the Eleventh Circuit's State of Emergency

    July 1st, 2015

    Section 46(b) of Title 28 of the U.S. Code states that appeals may be heard and determined "by separate panels, each consisting of three judges, at least a majority of whom shall be judges of that court, ... unless the chief judge of that court certifies that there is an emergency." By General Order... [Link]
  • Chapter 13 Bankruptcy Plan

    July 1st, 2015

    In chapter 13 bankruptcy, only the chapter 13 debtor is allowed to file a chapter 13 plan. That is, creditors are not allowed to propose a plan as they are in chapter 11.Chapter 13 plans generally are designed to adjust payment of debts under a flexible repayment plan. Usually these payments are mad... [Link]
  • Fourth District: Legislative Cap On Non-Ecomomic Damages In Personal Injury Cases Violates the Florida Constitution

    July 1st, 2015

    In North Broward Hospital District et al v. Kalitan (4D11-4806), a panel of the Fourth District Court of Appeal concluded that a 2014 decision of the Florida Supreme Court required it to conclude that the legislative caps on non-economic damages in personal injury cases violates the equal protection... [Link]
  • VIDEO: "Murky Waters - The Dark Side of the Cruise Industry"

    July 1st, 2015

    An Australian newspaper published a mini-documentary about cruise ship dangers in Australia today. SBS' "The Feed" published Murky Waters: The Dark Side of the Cruise Industry, written and produced by Hannah Sinclair. The video takes a look at a part of cruising that many Australians... [Link]
  • Ex parte Quality Carriers, Inc. – Two Dead After Truck Collides With Stalled Vehicle

    July 1st, 2015

    Two passengers who sat in the back seat of a Crown Victoria had three strikes against them.  In the first place, they were in a vehicle that had not been properly maintained, and thus suffered mechanical problems. In the second place, the driver who had been operating the vehicle was allegedly impa... [Link]
  • Norovirus Strikes Ryndam; Cruise Ends Early

    July 1st, 2015

    Cruise Critic is reporting that the Holland America Line (HAL) Ryndam cruise ship is a code red situation with a gastrointestinal virus sickening passengers sailing from the U.K. The HAL cruise ship is returning to port in Harwich a day early, this Friday July 3rd, in order for the crew me... [Link]
  • Bringing Punitive Damages to the Forefront of Florida Trucking Litigation

    July 1st, 2015

    Having punitive damages imposed against a trucking company is often a source of great anxiety for defense attorneys and their trucking company clients. Florida attorneys skilled in the handling of truck accident cases have developed the knowledge to know when punitive damages are warranted in a give... [Link]
  • What is a GRAT?

    July 1st, 2015

    A GRAT is a Grantor Retained Annuity Trust and is a special type of irrevocable trust that allows the settlor, or trust maker, to transfer assets to this trust and receive an annual annuity payment for a certain amount of years. When the term of the GRAT ends, the assets remaining in the GRAT are [&... [Link]
  • Requesting a Stay of Removal (I-246) from ICE under the Secretary Johnson’s November, 2014 Policy Memo.

    July 1st, 2015

    When a non-citizen has a final order of removal or deportation, many times ICE does not deport them immediately. Often, a non-citizen with a final order may report to ICE on an Order of Supervision (OSUP) for years without being removed. However, anyone with a final order runs the risk of being de... [Link]