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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!

  • HOROWITZ v. WEINSTEIN?

    October 22nd, 2014

     Can Horowitz restore order? Pete Weinstein’s father may have walked with Martin Luther King, but we’re hard pressed to draw any other comparisons between Broward’s beleaguered chief judge and a leader of King’s stature.  After four years of Weinstein at the helm, the 17th... [Link]
  • BLINK 182

    October 22nd, 2014

    Ben Bradlee, the charming yet gruff editor of theWashington Post, who found his paper alone reporting arguably the biggest domestic story in US politics, died today at 93. Bradlee's support of his reporters was legendary. He turned the Washington Post from a sleepy third place newspaper, into the pr... [Link]
  • What is a Nuisance Under Florida Condominium Law?

    October 21st, 2014

    Florida condo unit owners are guaranteed the right to enjoy their homes as they see fit under Florida law with one big (make that HUGE) limitation: they cannot use their property in such a way that it injures or impedes the rights of another owner. Florida condo unit owners can decorate their homes... [Link]
  • Jacksonville Burglary Arrest After Video Released

    October 21st, 2014

    Yesterday, First Coast News reported about a Jacksonville burglary case.  The news station reached out to the public and asked for anyone with information to call the police.  Local news stations work with the Jacksonville Sheriff’s Office and Crime Stoppers … Continue reading →... [Link]
  • Prizmo

    October 21st, 2014

    Prizmo is a scanning app for iPhone and iPad. It can export in multiple formats and even OCR a scan. Read more about it here. Posted by Jon Lutz... [Link]
  • Can adequate record keeping really prevent you from collecting PIP benefits?

    October 21st, 2014

    PIP insurers are always seeking out creative ways to defend personal injury protection cases. From failure to submit a valid demand letter, to provider-executed assignments of benefits lacking the requisite standing, insurers are attempting to minimize their liability/damages. I have encountered a n... [Link]
  • Spencer on Mediation!

    October 21st, 2014

    "The first thing you do, is to try to dress like Nucky Thompson."Of course I kid -- here he offers good advice to those unfamiliar with the legal process.Nice to see him back! [Link]
  • The Predatory "Sweet Spot" - Bahamian Tourism Police Arrest U.S. Cruise Tourist for Pot Possession

    October 21st, 2014

    Bahamas Weekly reports that last weekend the police in Nassau, Bahamas arrested a U.S. citizen for possession of marijuana. The report says that the American man was a 33 year old man from Jacksonville, Florida. The Florida man was arrested for possession of pot on Saturday, October 18, 2014. Around... [Link]
  • Proof of Loss and the "Prejudice" Rule - Arizona Coverage Series

    October 21st, 2014

    In my prior blogs on Arizona insurance law, I discussed how insurance companies cannot simply get off the hook if a policyholder submits a claim late or files a lawsuit after the statute of limitations has expired. In those instances, an insurance company cannot avoid accepting or paying a claim (as... [Link]
  • Supreme Court oral argument should be televised

    October 21st, 2014

    John Oliver is so good:... [Link]
  • Florida Police Needed a Search Warrant to Track a Suspect's Cell Site Location

    October 20th, 2014

    In Florida, a person has a Constitutional right to be free from unreasonable searches and seizures. Sometimes this is obvious. A police officer cannot just search a person's home or car without consent or a search warrant in most cases. However, it can also get complicated as old rules may be dif... [Link]
  • Prosecutors and the Criminal-Justice System

    October 20th, 2014

    People who are not familiar with the criminal-justice system often tend to believe that the most powerful person in the courtroom is the judge.  But that is not always true.  Earlier this month, The Economist printed the following … The post Prosecutors and the Criminal-Justice System appea... [Link]
  • National Teen Driver Week, a Time to Prevent Car Accidents

    October 20th, 2014

    As we commence National Teen Driver Safety week, Fort Lauderdale car accident lawyer Joseph Lipsky reminds parents of the importance their behind the wheel behavior in molding safe teen drivers. The need for National Teen Driver Safety Week is based upon the NHTSA’s study which found that more t... [Link]
  • Rule 11, Rule!

    October 20th, 2014

    This is how it's done."The decision that I make today is based on legal conclusions rather than policy considerations. I believe the first duty of the AG is to be a good lawyer. Lawyers live under rule 11, which provides it is unethical for a lawyer to file a pleading for the purpose of delay rather... [Link]
  • To Opt Out or Not from Video Social Security Hearings

    October 20th, 2014

    In an effort to streamline and expedite the wait for Social Security Disability hearings, the Social Security Administration has expanded use of remote video hearings before Administrative Law Judges. The result is that a Social Security Disability claimant living in Ft. Lauderdale, may have his or... [Link]
  • War On Drugs: Key Figures In CIA-Crack Cocaine Scandal Now Coming Forward

    October 20th, 2014

    During the beginning of the war on drugs, young African Americans heard rumors of government involvement in the crack-cocaine explosion that outraged LA’s black community. Although it was not openly talked about in the media in the 80’s, in 1996, Pulitzer Prize winning journalist Gary Webb publi... [Link]
  • War On Drugs: Key Figures In CIA-Crack Cocaine Scandal Now Coming Forward

    October 20th, 2014

    During the beginning of the war on drugs, young African Americans heard rumors of government involvement in the crack-cocaine explosion that outraged LA’s black community. Although it was not openly talked about in the media in the 80’s, in 1996, Pulitzer Prize winning journalist Gary Webb publi... [Link]
  • 2014 National School Bus Safety Week: October 20-24

    October 20th, 2014

    I have always been curious why school buses don’t have seatbelts. Of course, this led me to seek answers. My question is simple; why is it the law for everyone to be buckled up in their car, yet we put our young, fragile children on school buses without them?We all know that seatbelts save lives.&... [Link]
  • Vicarious Liability of Florida Hospitals for Medical Negligence

    October 20th, 2014

    In an increasing number of medical negligence lawsuits, plaintiffs are seeking to hold hospitals vicariously liable for the negligent actions of physicians and staffers. This is true in Florida also, despite the fact that Florida common law hasn’t formally recognized the broad duty on the part... [Link]
  • Other States Permit Punitive Damages For Fraudulent Transfers

    October 20th, 2014

    When first faced with the possibility of being sued many people’s first reaction is to transfer their assets to someone else or to a legal entity. A common question is whether such a transfer later found to be a fraudulent …The post Other States Permit Punitive Damages For Fraudulent Transfe... [Link]
  • PA senate votes to ignore the presumption of innocence

    October 20th, 2014

    When is a person guilty of a crime?  When they are charged by a police officer, or when they are convicted beyond a reasonable doubt in a court of law after due process? We all would like to believe the latter is true. Unfortunately that is not always the case. Pa. Senate votes to close […] T... [Link]
  • Florida Appellate Court Notes Time Period to File Lawsuit Against FIGA is Short and it "May Be Sensible" for Legislature to Extend

    October 20th, 2014

    Recently, the Florida Second District Court of Appeal (“Second DCA”) considered whether a claim was time-barred by the statute of limitations as it relates to the Florida Insurance Guaranty Association (“FIGA”).1 The policyholders appealed the trial court ruling that the appl... [Link]
  • Question: Does This Seem Libelous?

    October 20th, 2014

    According to newly-invested Judge Bloom (congratulations!!), it just might:What in Tarnation is a Surrogate Dibble, No way this can be a real human beings name, low class redneck pig excrement, redneck asshole, PATHETIC, LOWCLASS, INBRED REDNECK SCUMBAG, venom-spewing, mud-sucking, LOW-CLASS REDNECK... [Link]
  • Ebola Travel Ban: Legal Issues

    October 20th, 2014

    Congressional Republicans have been vocal in demanding the United States impose travel bans from African nations where Ebola infection rates are high. Travel bans have a long history of being of dubious value, and a look at travel bans imposed on HIV victims is informative. The United States governm... [Link]
  • Akerman lawyer Ryan Roman opens Mignonette

    October 20th, 2014

    It's a fantastic restaurant. If oysters are your thing, there's no better place.  And it's the best lobster roll in town.  I highly recommend it.  Plus, for better or worse, you'll likely see a bunch of judges and lawyers.  After all, owner Ryan Roman is a lawyer himself at Akerm... [Link]
  • What are the Issues Involved with Child Injuries Caused by Bicycle Accidents? Legal Rights of Children and Their Families

    October 20th, 2014

    In Middleburg, Florida and other Florida communities, there are bicyclists on and near the roads on a daily basis throughout the year.  All drivers should proceed with caution any time that a child is on or near the roadway as a bicyclist or a pedestrian.  When a child suffers serious personal inj... [Link]
  • Carnival Magic Returns to Galveston - "#EbolaCruise" Scare Over?

    October 19th, 2014

    This morning the Carnival Magic returned to the U.S. as the sun arose over the sleepy little town of Galveston.   The Texas Presbyterian Hospital worker who handled Ebola-infected Thomas Duncan samples disembarked the ship after attempts to fly her back to the states from Roatan failed. As... [Link]
  • NFL WEEK 7 2014

    October 19th, 2014

    With the resurgent Cowboys beating the struggling Seahawks, our survivor pool was considerably thinned, with the loses including both members of the judiciary: Jon Colby (retired) and Miguel De la O (quite active). Of more pressing concern is those of you who wish to find some value in todays m... [Link]
  • Watch Out For Those Policy Limits on Valuable Collections

    October 19th, 2014

    While many homeowners primary focus in obtaining homeowners insurance is securing coverage to protect their real property, a homeowner should not overlook obtaining coverage for his or her valuables. This is especially true when a homeowner owns personal property which may be worth a higher monetary... [Link]
  • State is Generally not Entitled to Judicial Review of Orders Terminating Probation

    October 18th, 2014

    John Koeppel On October 16, the Court issued a ruling in a controversial case involving a notorious former school teacher who was charged with two counts of lewd or lascivious battery under section 800.04(4)(a), Fla. Stat. (2003), for committing sexual battery on a fourteen-year-old middle school bo... [Link]
  • Ebola on the High Seas: Will the New Cruise Health Questionnaire Work?

    October 18th, 2014

    The cruise industry finally instituted Ebola-specific protocols after the highly publicized incident yesterday when a healthcare worker from Dallas was discovered to be on a Carnival cruise to the Caribbean.  TravelPulse published an article discussing the new protocols Cruise Industry Adopts S... [Link]
  • FAPIA Fall Golf Event: A Little Fun Competition

    October 18th, 2014

    Players wanted! FAPIA will hold its First Fall Tournament at Falcon’s Fire Golf Club on Friday, November 7, 2015. Want a chance for some friendly competition while enjoying a top course in Orlando? Come on out and take on Chip Merlin, Professional Tour Superstar Shane Smith, Long Driver Will M... [Link]
  • Applicable Federal Rates–November 2014

    October 18th, 2014

    Follow @crubincrubin... [Link]
  • Criminal Conviction Reversed in Florida When Prosecutor Elicits Testimony Regarding a Defendant's Failure to Produce Evidence

    October 17th, 2014

    In Florida, defendants in criminal cases have certain Constitutional rights that stay with them from the time they are arrested until their trial, if they choose to have one. One of those rights is the right to be considered innocent unless and until the state proves the defendant's guilt beyond a... [Link]
  • Private Companies Cannot Issue Traffic Tickets for Running a Red Light

    October 17th, 2014

    In the case of the City of Hollywood versus Eric Arem, an appeals court ruled that it is illegal for a private company to issue traffic tickets to people for running a red light.  The court said that in… The post Private Companies Cannot Issue Traffic Tickets for Running a Red Light appeared... [Link]
  • Cruise Industry is Completely Unprepared for Ebola Outbreak

    October 17th, 2014

    A week ago, I went to Twitter and complained that the cruise industry had not issued an Ebola-specific protocol for the cruise lines to follow. The threat of Ebola was growing, but the cruise lines seemed asleep at the helm.  Neither the Cruise Line International Association (CLIA) nor its CEO... [Link]
  • Kentucky Waterpark Facing Two Lawsuits Over Slide Injuries

    October 17th, 2014

    When a serious injury or wrongful death happens due to an amusement park accident, a thorough investigation needs to be conducted. While amusement parks, including waterparks, have plenty of insurance and plenty of lawyers to protect them when accidents arise to keep the blame away from them, having... [Link]
  • Teen Accused of Committing Lewd Act with Stuffed Animal Inside Walmart

    October 17th, 2014

    Police arrested a 19-year-old man for allegedly using a stuffed animal to masturbate inside a Walmart on Tuesday. According to Brooksville Police, the 19-year-old was caught on store cameras just before 3 p.m. acting suspiciously. Reports indicate that the teen took a stuffed toy horse off the shelf... [Link]
  • Teen Accused of Committing Lewd Act with Stuffed Animal Inside Walmart

    October 17th, 2014

    Police arrested a 19-year-old man for allegedly using a stuffed animal to masturbate inside a Walmart on Tuesday. According to Brooksville Police, the 19-year-old was caught on store cameras just before 3 p.m. acting suspiciously. Reports indicate that the teen took a stuffed toy horse off the shelf... [Link]
  • Plan B

    October 17th, 2014

    Should Amendment 1 and other efforts to prevent the end of all life on Earth fail, it's good to have a Plan B!Don’t worry about climate change guys. If we destroy this planet, we’ll just move to another one! Well, not exactly another planet, but another planet’s moon. According to a paper to b... [Link]
  • A CALL TO ARMS

    October 17th, 2014

    We normally don't do two blog posts in a day. But this email from FACDL chieftains was forwarded to us, and we took the initiative of posting it.*On Tuesday, October 21, the Board of County Commissioners will hear and decide on the attached resolution prepared by Commissioner/former Senator Javier S... [Link]
  • 5 Statements You Should NEVER Make at Your Disability Hearing

    October 17th, 2014

    A Social Security disability hearing is your chance to show the judge how your disability affects your daily life and why you are no longer able to work. It is extremely important to be truthful about your daily habits and your disability. If you say the wrong thing or if your statements don’t mat... [Link]
  • Texas Hospital Worker Who Handled Ebola Samples is on the Carnival Magic

    October 17th, 2014

    ABC News reports that a Dallas health care worker who handled clinical specimens from Ebola-infected Thomas Duncan is on a Caribbean cruise aboard the Carnival Magic. The cruise line says that the female worker is allegedly being "self-quarantined" and is being monitored for signs of... [Link]
  • Super Storm Sandy Litigation Still Going Strong - New Jersey Transit Sues for Several Hundred Million Dollars in Sandy Loss

    October 17th, 2014

    Litigation related to Super Storm Sandy is still going strong; or even still getting into full swing. Recently, New Jersey Transit Corporation filed a lawsuit in New Jersey against numerous insurance carriers seeking $300 million in coverage from Super Storm Sandy damage. One of the issues in t... [Link]
  • How Do You Execute Against a Terrorist Organization? Plus "Bad Judge" Friday!

    October 17th, 2014

    It's Friday, so let's keep it light with the 11th Circuit discussing FARC:On February 13, 2003, Keith Stansell, Marc Gonsalves, Thomas Howes, and Thomas Janis were flying over Colombia while performing counter-narcotics reconnaissance. Members of the Revolutionary Armed Forces of Colombia (FARC) sho... [Link]
  • ON SECOND THOUGHT....

    October 17th, 2014

    "Sometimes wrong, but never in doubt" was the funny, dismissive comment our wonderful law school property professor would quip when he zeroed in on a first year law student and didn't get the correct answer. Perhaps that should be the motto of the Miami Herald as this week they WITHDREW their p... [Link]
  • Yes On 1

    October 17th, 2014

    Do you drink water? I drink water. I like water. Water is good. When you break life down to its most basic essentials, water is right there with food, air, shelter, and love. That is why I'm supporting Amendment 1. (Notice I left out clothing. That shit just gets in the way.)The summary of the amend... [Link]
  • Beth Bloom's formal investiture today (UPDATED WITH PHOTOS)

    October 17th, 2014

    Congratulations! [Link]
  • Drug Trafficker (Alleged) Walks on Cocaine Cell Phone Search

    October 16th, 2014

    Drug Trafficker (Alleged) Walks on Cocaine Cell Phone SearchAn alleged  Florida Drug Trafficker Walked on Cocaine charges. Charges were based upon a Cell Phone Search. The Number You Have Tracked is No Longer in Service - He was charged with " possession of more than 400 grams of cocaine, as we... [Link]
  • Legalizing Medical Marijuana in Florida

    October 16th, 2014

    As the law stands, possession of marijuana in Florida is a crime.  It is October, and Florida’s drug laws prohibit the possession of marijuana for any purpose.  This includes marijuana used to help those with certain medical conditions.  Florida voters … Continue reading →... [Link]