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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!

  • Orange County Technology Expert Charged in 33 Counts of Cybersex

    April 22nd, 2015

    Recent arrest reports suggest that Qayed Murtaza Shareef, the 39-year-old CEO of a Southern California digital advertising company, solicited two Virginia boys, aged nine and 10, to take explicit videos of themselves. Per the allegations, Shareef used the messaging app Tango to contact the boys and,... [Link]
  • Public Adjusters: Register for Spring Training

    April 18th, 2015

    Heyyyyy Batter, Batter, Swing! Calling all public insurance adjusters. The Florida Association of Public Insurance Adjusters will host the 2015 Spring Training Conference and now is the time to sign up. Educational courses will be held on Monday, May 18 and Tuesday May 19, but come early for Sun... [Link]
  • DID THE HERNANDEZ DEFENSE BLOW IT?

    April 18th, 2015

    Roy Black has a new take on the "how can you represent those people" question that is the bane of the criminal defense attorney  in social situations. Check his blog here.The final take on the Aaron Hernandez tragedy is that we find it hard to believe that a person who seemingly has i... [Link]
  • Ex-Florida Gator and NFL Player Aaron Hernandez Guilty of Murder

    April 17th, 2015

    Former University of Florida Gator and New England Patriots football player Aaron Hernandez was convicted of first-degree murder and sentenced to life in prison Wednesday for the murder of 27-year-old Odin Lloyd. Hernandez, 25, who once had a $40 million contract and a standout career ahead of him,... [Link]
  • Ex-Florida Gator and NFL Player Aaron Hernandez Guilty of Murder

    April 17th, 2015

    Former University of Florida Gator and New England Patriots football player Aaron Hernandez was convicted of first-degree murder and sentenced to life in prison Wednesday for the murder of 27-year-old Odin Lloyd. Hernandez, 25, who once had a $40 million contract and a standout career ahead of him,... [Link]
  • Cycle Safely: Bike Fatalities On the Rise

    April 17th, 2015

    Bicycling has been a growing trend in the United States over the past few years, mostly in urban metropolitan areas. Many urban cities in the state of Florida and throughout the rest of the country have been bicycle-friendly for years and have been proactive in designing bike lanes and bike paths to... [Link]
  • Georgia Legalizes Medical Marijuana as Florida Debates

    April 17th, 2015

    It seems as though the issue of legalizing medical marijuana in Florida is constantly in the news. Last month, I wrote an article on the Jacksonville lawyers website about about a Jacksonville law firm claiming that medical marijuana is legal. … Continue reading →... [Link]
  • Kim Richards Arrested

    April 17th, 2015

    Real Housewives of Beverly Hills star Kim Richards was arrested in California in the Beverly Hills Hotel and charged with trespassing, public intoxication and resisting an officer and battery on an officer.  Early morning Thursday, April 16, 2015 Kim Richards was arrested on the grounds of the Beve... [Link]
  • Replacement Cost Value After Denial

    April 17th, 2015

    Recently, I was asked, “if an insurer initially denies a claim and then later pays or is forced to pay, do they have to pay actual cost value, or replacement cost value?” After a little research on the topic, the old joke, if you ask a lawyer a question, their favorite answer is alw... [Link]
  • The Kardashians Just Broke the Middle District of Florida!

    April 17th, 2015

    (The following really boring opinion is absolutely not a pretext for posting the above photo on a Friday, I promise!) Fresh off of breaking the internet, now the Kardashians broke CM/ECF with this trademark infringement suit brought against them before Judge Byron, which just survived motion to dism... [Link]
  • Carnival Passenger Killed in Jet-Ski Accident in Cayman Islands

    April 17th, 2015

    The Cayman News Service is reporting that a 31 year old cruise passenger from the Carnival Conquest was killed after his jet-ski was struck by a jet-ski operated by a fifteen year old boy from the Carnival Paradise.  The 31 year old had rented a jet-ski with his 37 year old girlfriend and they... [Link]
  • Report: Texting Bans Lead to Drop in Car Accident Injuries

    April 16th, 2015

    A new study reveals the numerous state-level bans on texting-while-driving may actually be having their intended effect. Researchers from the Texas A&M School of Public Health reported hospital emergency room visits within the 45 states that had enacted some type of texting restriction for drivers... [Link]
  • Death Row in Florida and the USA: The New Stats

    April 16th, 2015

    We're getting information now about how the death penalty and capital punishment fared in 2014.   The first quarterly report from the NAACP's Legal Defense Fund has been released.     image: Cell on Florida's Death Row U.S. Death Row Populations: Most in California, 43% White From it... [Link]
  • Can I Fire My Social Security Disability Attorney?

    April 16th, 2015

    The simple answer is yes. If you are unhappy with the legal representation you are receiving you can always withdraw from an attorney. However, doing so may have some ramifications on your claim.First, it could delay a decision being made on your claim. This is because the Social Security Administra... [Link]
  • Eleventh Circuit Pulls the Trigger on Injury-In-Fact

    April 16th, 2015

    The Eleventh Circuit Court of Appeals recently reaffirmed Florida as an injury-in-fact trigger state in Carithers v. Mid-Continent Cas. Co., Case No. 14-11639 (11th Cir. April 7, 2015).  However, the Court did not end the manifestation versus injury-in-fact debate, choosing instead not to address t... [Link]
  • What Constitutes Insurance "Bad Faith" in Wisconsin?

    April 16th, 2015

    Earlier this week, college hoops fans were treated to a great matchup between the University of Wisconsin and Duke University in the championship game of the 2015 NCAA Basketball Tournament. Last week, in the spirit of the tournament, I wrote about insurance “bad faith” in Kentucky. Perh... [Link]
  • My Second Favorite Attorney

    April 16th, 2015

     Have you all been catching Daredevil on Netflix? I'm really enjoying it. The problem with many superhero adaptations is that they try to compress decades of comic book lore into 2 hours and by the time you get through the hour of mind-blowing special effects there is scant little time left for... [Link]
  • Thursday news and notes

    April 16th, 2015

    1.  Would you pick the Chief Justice for jury duty?  These lawyers passed in a state civil case:Rubin eventually asked people to raise their hands if they were involved in certain professions or were close to people involved in those professions. When the topic turned to medicine, Robert... [Link]
  • Non-Delegable Duties Are Important for Injured Victims

    April 15th, 2015

    Often when people are injured, the negligence involved multiple parties. A construction site can have contractors and subcontractors, stores may rely upon outside vendors, and apartment complexes may contract out with private security companies to handle security. Thus, knowing which entity to sue,... [Link]
  • Jacksonville Burglary Charges For Stealing From Unlocked Cars

    April 15th, 2015

    Can you be convicted of burglary for stealing from an unlocked car? If you take an item from a vehicle that is not locked, it is considered burglary or theft. Under Florida’s burglary law, stealing from a car or motor … Continue reading →... [Link]
  • Takata Fails To Disclose Information About Vehicle Airbag Defect

    April 15th, 2015

    Agency Moves to Preserve Automobile Recalled Inflators The National Highway Traffic Safety Administration is taking Takata to task for reportedly failing to provide agency-requested information related to an airbag default in vehicles that has been linked to possibly six deaths and hundreds of injur... [Link]
  • Powers of Attorney and Gifting Provisions

    April 15th, 2015

    With the current estate tax exception of $5.43 Million for an individual and $10.86 Milliion for a married couple, some estate planners have begun to question whether gifting provisions in a Durable Power of Attorney pose more risk than reward.  While it is true, that these provisions can be abused... [Link]
  • HERNANDEZ GUILTY ON ALL COUNTS

    April 15th, 2015

    The jury has spoken.  Guilty on all counts.  Life without parole.  The fall of this one-time all-pro athlete is complete.  But is this a surprise considering what was known about him as far back as his days at the University of Florida.What kind of idiot making millions of dollar... [Link]
  • What Are The Side Effects From A Transvaginal Mesh Surgery?

    April 15th, 2015

    Transvaginal Mesh (TVM) implants were meant to help women who’ve suffered from weakened pelvic muscles with conditions such as Pelvic Organ Prolapse (POP) and incontinence. Both conditions are not uncommon after giving birth. However, in many cases the mesh implant has only caused more pain and su... [Link]
  • The Road to ALE, from Loss to Being Incurred, Part 2 - "Uninhabitable Conditions"

    April 15th, 2015

    During the 15 to 30 seconds that my home rolled and shook on Sunday from the 3.5 earthquake centered in Baldwin Hills, California, I was prompted to think about the habitability or rather “uninhabitable conditions” I may encounter if the shaking got any worse or continued. Earthquakes ar... [Link]
  • 3d DCA Blah dee dee Blah Watch -- This Post Has Been Hijacked by Candice Bergen!

    April 15th, 2015

    So it was slim pickings anyways do you really want to talk about quashing service of process?Why not talk about the elegant, beautiful and always graceful Candice Bergen?Sure she won her share of Golden Turkey awards in her day (remember when Michael Medved was just a lovable nerd film buff?), but s... [Link]
  • Carnival Refuses Refund for Slain Police Officer's Family

    April 15th, 2015

    One issue we write about often is the cruise industry's refusal to refund cruise fares when tragedy strikes their customers.  We have seen cruise lines refuse to accommodate their guests when family members die unexpectedly, natural disasters destroy their customers' homes, and even when childr... [Link]
  • Duval County Traffic Tickets Issued in Jacksonville Beach FL

    April 15th, 2015

    It appears that a lot of Jacksonville Beach residents and visitors to the area went home with Jacksonville traffic tickets over the weekend. This includes people that were driving in Neptune Beach and Atlantic Beach. The Florida Times Union reported, … Continue reading →... [Link]
  • First District Explains New Mailbox Rule for Incarcerated Litigants

    April 15th, 2015

    If you happen to be an incarcerated litigant, you should read the First District's opinion issued today in Roberto Rivera, M.D. v. Department of Health (1D15-0287). In that opinion, the First District states as follows:We are concerned that incarcerated litigants may fail to understand the effect of... [Link]
  • Man Accused of Stealing Brick Pavers from Brooksville Company

    April 15th, 2015

    Police believe a 65-year-old man used rented trucks to steal nearly 450 pallets of brick paver stones, worth an estimated $200,000, from Flagstone Pavers. Brooksville investigators arrested the man on a felony grand theft charge resulting from a six week investigation into the missing pavers. The co... [Link]
  • Man Accused of Stealing Brick Pavers from Brooksville Company

    April 15th, 2015

    Police believe a 65-year-old man used rented trucks to steal nearly 450 pallets of brick paver stones, worth an estimated $200,000, from Flagstone Pavers. Brooksville investigators arrested the man on a felony grand theft charge resulting from a six week investigation into the missing pavers. The co... [Link]
  • PERCY SLEDGE

    April 14th, 2015

    Nobody seems to care about wrongful death penalty convictions, so at the risk of sounding like a Magistrate Judge Jonathan Goodman opinion, we will write about Percy Sledge and his death today at age 74.Sledge, a Rock and Roll Hall Of Fame inductee, is primarily known for his 1966 #1  hit "When... [Link]
  • BUT YOU AGREED TO MAKE ME THE BENEFICIARY!

    April 14th, 2015

    Whether in the context of a divorce proceeding or when a couple is preparing their estate planning together, some people agree to a contract to subsequently make a Will or Trust that names another as the primary beneficiary.  This primarily... [Link]
  • Bankruptcy for Small Businesses

    April 14th, 2015

    If your small business is facing financial difficulty and there is no expectation of reorganization, a Chapter 7 Bankruptcy might be your ideal answer. If your small business is a limited liability company (LLC), partnership or corporation AND you do not want to or cannot continue operating your bus... [Link]
  • 60 Crummey Withdrawal Beneficiaries Allowed

    April 14th, 2015

    For many years, courts have recognized that gifts to a trust can qualify for the gift tax annual exclusion as “present interest” gifts if withdrawal powers are granted to beneficiaries.The IRS is hostile to persons being treated as a beneficiary for this purpose if they have no rights to income... [Link]
  • Florida's Bicycle 3-Foot Rule Largely Unenforced

    April 14th, 2015

    In an effort to shield bicyclists from motorists who whiz by too fast and too close, the Florida legislature passed a law in 2006 that requires drivers to maintain three feet of clearance when passing bicyclists on the road. But in the years since, it's been shown that enforcement of this law is l... [Link]
  • Horizon Passenger Goes Overboard

    April 14th, 2015

    Yesterday. I received information from a Cruise Law News reader that a man went overboard from the M/V Horizon operated by Croiseires de France between the Dominican Republic and St. Maarten.  Today a newspaper in St. Maarten reported that yesterday, the police department in St. Maarten re... [Link]
  • Husband's Alleged Online Activity 'Disconcerting', But Not Cyberstalking Under Florida Law

    April 14th, 2015

    Today, more than ever, the online world offers a multitude of ways to follow the actions of other people. The ability to be profoundly involved in another person's life, against their will, without actually being near them is why states like Florida have laws against cyberstalking. An estranged husb... [Link]
  • Jacksonville Leaving the Scene Arrest After Hit and Run

    April 14th, 2015

    You may be charged with a crime if you leave the scene of an accident in Jacksonville FL. The level of offense that you may be charged with will depend on the damage or injuries involved. When you are charged … Continue reading →... [Link]
  • Epic Fail: Man steals car to drive to court

    April 14th, 2015

    From the "Not the brightest idea" file comes a CBS news report about a man who was late to his own courtdate. He did the logical thing in his mind, stealing his friend's car to get there! 21-year-old Jorge Ramirez-Sierra, of New Jersey, stole his friend's car so he could make his court appearance. [Link]
  • Closing on Florida Real Estate: Buyer’s Documents at Closing

    April 14th, 2015

    At the closing table for the purchase of a home or condo here in South Florida, buyers, both native to Florida as well as those who have recently moved here, or out of state residents purchasing a vacation home, will have lots of paperwork to sign. Buyers are often surprised at how much they have [&... [Link]
  • When Your Patio Can Turn Your First Floor into a Basement

    April 14th, 2015

    Frequent readers of our blog know there are many quirks and pitfalls in the National Flood Insurance Program of which policyholders must be aware. Here in the Garden State, many have seen their flood claims drastically reduced because of the basement exclusion. The Standard Flood Insurance Policy de... [Link]
  • IMAGINE

    April 14th, 2015

    Imagine getting stopped for speeding. Imagine a rude cop (we know, it's hard, but try). Imagine telling the officer you weren't speeding and then imagine finding yourself on the ground, in cuffs, arrested for resisting arrest with violence. Imagine getting your case set before one of these new... [Link]
  • Mexico Travel Warning

    April 14th, 2015

    If you are cruising to Mexico, be sure to read the Mexico Travel Warning issued yesterday by the U.S. State Department.  The U.S. Department of State warns U.S. citizens about the risk of traveling to certain places in Mexico due to threats to safety and security posed by organized criminal gro... [Link]
  • Order Granting Eh About Two to Three Quarters and Denying Oh I'd Say I Don't Know Anywhere from a Third to a Half...Hmm On Second Thought Make That Denying Probably At Most Maybe a Fifth of the Motion To Compel!

    April 14th, 2015

    Since when did the titles of discovery orders get so descriptive? [Link]
  • Britto sues Apple

    April 14th, 2015

    Over this ad:Below is the complaint, which fell before Kathy Williams. According to the lawsuit, Britto's specific Trade Dress is "strong, fanciful, non-functional, and inherently distinctive," composed of vibrant color combinations, the juxtaposition of different patterns, bold black outlines,... [Link]
  • Ever met a Judge in America who is against Free Speech? We have.

    April 14th, 2015

    Ever met a Judge in America who is against Free Speech? We have.   As regular readers will know, a sitting Judge of the Court of Common Pleas, Judge Grine of Centre County, sued The McShane Firm and Attorney TC Tanski to try to muzzle protected political speech. As I wrote earlier (Justice or a... [Link]
  • At Least 116 Sick on Legend of the Seas

    April 13th, 2015

    Another Royal Caribbean cruise ship is plagued by a gastrointestinal bug. The Centers for Disease Control and Prevention (CDC) reports that the Legend of the Seas has 114 sick passengers aboard as well as 2 sick crew members. They are experiencing the typical GI symptoms of vomiting and diarrhea. Th... [Link]
  • First Amendment Impacts Cybercrime Laws in Texas

    April 13th, 2015

    Glen Timberlake, a 27-year-old from Austin, drove all the way from central Texas to rural Michigan to meet a girl he met online two years ago while playing Minecraft. Police took him into custody when the girl's mother recognized him outside their home. He was carrying a butcher knife and claiming t... [Link]
  • I Have Paid Social Security Taxes…Why Was I Denied My Disability Benefits?

    April 13th, 2015

    Imagine this scenario – you’ve been paying FICA taxes for as long as you can remember. Then you get into a situation where you are unable to continue working. You remember receiving a statement in the mail from Social Security which said if you became disabled right now this is the monthly a... [Link]