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 or Ron Chapman and we will get them added to the mix!
- Sports Lawsuit Filed Against Hockey Executive
Wednesday, March 10, 2010 1:00 pm
A television broadcaster is suing Anaheim Ducks General Manager Bob Murray for assault and battery, accusing the GM of being emotionally unstable, having a “propensity to violence” and showing a “history of aggressive and violent behavior.” Rachel Paris was apparently hit by a chair thrown by Murray during the Stanley Cup Playoffs while the Ducks were playing the Red Wings ... [Link] - Williams v. NFL update
Wednesday, March 10, 2010 6:46 am
Bloomberg's Sophia Pearson, Beth Hawkins, and Aaron Kuriloff detail the latest in Minnesota Vikings defensive tackles Kevin and Pat Williams' lawsuit against the NFL, the trial for which began this week.The lawsuit stems from December 2008, when the NFL suspended both Williams and four other players for testing positive for the diuretic bumetanide, a banned substance contained in the dietary ... [Link] - Representative Janet Long Gets a Hug From Chip Merlin
Wednesday, March 10, 2010 6:29 am
"You gotta be kidding me" is probably being repeated by many after reading the title to this post. I wrongfully wrote about Representative Janet Long without giving her an opportunity to explain her concerns and longstanding advocacy for policyholders when she worked as a Deputy Insurance Commissioner in a Florida Department of Insurance Branch office. Before the spotlight of politics ... [Link] - Readers Provide Information on Overboard Cruise Ship Passengers
Wednesday, March 10, 2010 6:07 am
In the last two weeks, there have been two overboard passengers from U.S.-based cruise ships - Costa's Serena and Holland America Line's Rotterdam. These incidents have been reported - not by the cruise lines or the press - but by Canadian Professor and cruise expert Ross Klein who hosts the informative web site Cruise Junkie. Dr. Klein has been tracking ... [Link] - Brits Hung Innocent American 100 Years Ago
Wednesday, March 10, 2010 4:10 am
Back in 1910---100 years ago--- false forensic evidence appears to have sent an innocent American doctor to the British gallows. Experts at Michigan State University have been studying this case and looking into DNA evidence to determine if the doctor was falsely convicted. Here is a fascinating article from Science Daily about the British hanging of American Dr. Hawley Crippen ... [Link] - ON AND ON IT GOES.
Wednesday, March 10, 2010 4:10 am
The Chief administrative Judge of Criminal Court is rumored to be resigning. The Chief Judge is having a meltdown. Another Judge is just not showing up for work. Dade? Nah. We couldn't be that lucky. West Palm? Get real. It can only be our favourite County in all of Florida.....(everybody now) B..R..O...W..I..E..R...D!!!It starts with this rumor that Illona Holmes -chief ... [Link] - I Understand Elizabeth Cheney's Attack On Detainee Lawyers
Wednesday, March 10, 2010 3:44 am
For 15 years, I've heard it. "How can you?" It's either "How can you represent those people, how can you defend those people, how can you sleep at night, how can you live with yourself?How can you?There is no question that better displays a person's ignorance.The average American believes in our Constitution, but only parts of it. They believe the ... [Link] - Court Finds That an Agent's Bad Manners and Technical Violations of Procedures and Rules Does Not Establish Bad Faith
Wednesday, March 10, 2010 2:04 am
Allstate Indemnity Co. v. Shoopman Docket No. 09-cv-0083 (E.D. Ky. February 11, 2010) In this case, the Shoopmans’ home was substantially damaged by fire. After they filed a claim, Allstate investigated the causes of the fire and suspected the fire was the result of arson and that an “insured person” was involved in the arson and/or concealed or misrepresented material ... [Link] - Using a Public Adjuster for Your Insurance Claim?
Wednesday, March 10, 2010 2:04 am
OPPAGA Report Finds that Insureds Received Larger Insurance Settlements when Public Adjuster Involved in Claim. Florida Legislature Considers Additional Regulations Governing Solicitation by Public Adjusters. The number of public adjusters in Florida increased by more... [Link] - Texting While Driving is Illegal for Semi Truck Drivers
Wednesday, March 10, 2010 12:35 am
The Federal Motor Carrier Safety Administration (FMCSA), which regulates semi truck drivers and bus drivers, has issued a regulation making it illegal for semi truck and bus drivers to text while driving a commercial motor vehicle. The FMCSA noted that texting takes a driver's eyes off of the road for an average of 4.6 seconds. At 65 miles per hour, ... [Link] - Law Enforcement Focuses on Pain Clinics, Ignoring Patients Who Suffer
Tuesday, March 9, 2010 10:23 pm
According to an article in the South Florida Sun-Sentinel, at least 45 pain clinics opened in Broward and Palm Beach counties in the past year, while state law makers and state and local law enforcement agencies stepped-up their efforts to put an end to the operation suspected “pill mills.” In August 2008, 66 pain clinics were open for business in ... [Link] - Florida State and Federal Governments To Increase Health Care Fraud Prosecutions
Tuesday, March 9, 2010 10:23 pm
Based on the tone and substance of a recent speech and press release from Eric Holder, the federal government plans to step up investigations and prosecutions of medical professionals for health care fraud. Mr. Holder made it clear that the government considers health care fraud one of the country's "most destructive" and "widespread" challenges. As a result, the federal government ... [Link] - HOLMES OUT; BIDWILL IN?
Tuesday, March 9, 2010 10:23 pm
We're hearing Judge Holmes has resigned her position as Chief Administrative Judge of criminal. Judge Bidwill is rumored to have been tapped to replace her.The reason may be "creative differences" with CJ Tobin. Developing ... [Link] - UPDATE - COBRA Subsidy: New Extension Through March 31, 2010
Tuesday, March 9, 2010 10:23 pm
The following EBG client alert should be of interest to all Florida employers. By Joan A. Disler, Michelle Capezza, and Jason M. Rothschild As we reported in our Client Alert of December 24, 2009 ("UPDATE: COBRA Subsidy: What It Means for Employers Now"), President Obama signed into law the Department of Defense Appropriations Act, 2010 (the "Defense Appropriations Act"), which, ... [Link] - HELP ON THE WAY!
Tuesday, March 9, 2010 10:23 pm
Chief Judge Victor Tobin's comments in the Sun Sentinel today about JAABLOG are paying dividends.We got off the phone a few minutes ago with Attorney Andy Rosenkranz, Regional Director of the Anti-Defamation League. He called after reading the article, out of concern regarding the racist comments on JAABLOG. He seemed satisfied with our explanation and response to the problem.The great ... [Link] - Shotgun Tjoflat!
Tuesday, March 9, 2010 9:07 pm
You know how in federal court you always incorporate all your prior counts into your next count, just to be safe?That way if you miss an allegation on page 47, count XVI, you can always refer the judge to earlier allegation in a different count 34 pages back.Works like a charm!(What, you guys don't do that?)Neither does Judge Tjoflat:The amended ... [Link] - Florida Residents Beware: New Vehicle Ignition Systems May Pose Carbon Monoxide Risk
Tuesday, March 9, 2010 8:08 pm
Having a car equipped with a keyless system and push button start may be a convenience for some and a cool gadget for others, but regardless, you should be aware of the concerns around owning a keyless system vehicle. A recent LA Times article raised questions regarding the safety of driving a car with a new keyless system. The article ... [Link] - More "Pain Clinics" Open While Law Enforcement Plays Catch Up
Tuesday, March 9, 2010 6:48 pm
According to an article in the South Florida Sun-Sentinel, at least 45 pain clinics opened in Broward and Palm Beach counties in the past year, while state law makers and state and local law enforcement agencies stepped-up their efforts to put an end to the operation suspected “pill mills.” In August 2008, 66 pain clinics were open for business in ... [Link] - Civil Disobedience and Race Questions on the Census Form
Tuesday, March 9, 2010 6:48 pm
In A Man for All Seasons, Robert Bolt’s award winning play about Sir Thomas More’s opposition to Henry the Eighth’s annulment of his marriage to his first wife, Catherine of Aragon, there occurs this exchange between More and his friend the Duke of Norfolk: Norfolk: Oh confound all this. I’m not a scholar, I don’t know whether the [...] [Link] - Pain Clinics Open While Law Enforcement Plays Catch Up
Tuesday, March 9, 2010 5:40 pm
According to an article in the South Florida Sun-Sentinel, at least 45 pain clinics opened in Broward and Palm Beach counties in the past year, while state law makers and state and local law enforcement agencies stepped-up their efforts to put an end to the operation suspected “pill mills.” In August 2008, 66 pain clinics were open for business in ... [Link] - Florida Workers Deserve OSHA Standards!
Tuesday, March 9, 2010 5:40 pm
There is a growing movement in Florida to make certain that employers comply with all OSHA regulations. The efforts of the The Florida Public Taskforce on Workplace Safety, are fully supported by Boca Raton workers' compensation attorney Randy Zeldin, Esq. The Florida Legislature should support proposed legislation, which according to Florida workers' compensation attorney Randy Zeldin, Esq., would greatly improve ... [Link] - I LOST MY COAT, AND, I'M A LAWYER
Tuesday, March 9, 2010 5:40 pm
Just a question Mr. Ogletree, you think someone may have...Nevermind.Here's the letter.H/T Nicole BlackLocated in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. He is the author of I Got A Bar Complaint.News and Information about The Florida Bar Admission and Disciplinary Process [Link] - Most Frequently Overlooked Tax Breaks, Whether You Are Married or Divorced
Tuesday, March 9, 2010 4:18 pm
Whether you are divorced, married or single and whether you reside in Jupiter, Boca Raton or West Palm Beach, everyone admits that the economy still is not good and that everyone still needs to save money whenever possible. I recently came across an article in Kiplinger's Web Page about the 19 most overlooked tax savings. Whether you are single, married ... [Link] - Another Officer Facing Felony Charges in Jacksonville: Aggravated Domestic Assault and Aggravated Assault with a Deadly Weapon
Tuesday, March 9, 2010 4:18 pm
Another JSO officer has been arrested in Jacksonville. Arnold Sharkey is accused of aggravated assault with a deadly weapon and aggravated domestic assault. Both are third degree felonies punishable for up to 5 years in prison. The alleged victim, Sharkey's wife, told police he waited for her to leave work. Her brother picked her up and Sharkey allegedly pulled in ... [Link] - Miranda Warnings in Florida DUI Cases
Tuesday, March 9, 2010 4:18 pm
Florida DUI attorneys are often approached by clients claiming that following their arrest for DUI, they were not read their rights… i.e. “you have the right to remain silent…” Pennsylvania v. Muniz is the most important case in defining when Miranda warnings are required and when they are not required in DUI cases. The Court recalled that Rhode Island v. ... [Link] - Asset Protection Planning After A Judgment Is Entered
Tuesday, March 9, 2010 4:18 pm
"Can I still do asset protection planning after there is a judgment against me?" A very common question. The answer is "yes" in many cases. Here’s an example from last week’s clients of legitimate and effective post-judgment planning. This elderly lady had guaranteed her son’s business loan which the son could not repay when the business failed. The business and ... [Link] - Save America, Outlaw Pizza
Tuesday, March 9, 2010 4:18 pm
Newsflash: None of us is getting out of here alive.¹ From Reuters here are the latest sin tax shenanigans: U.S. researchers estimate that an 18 percent tax on pizza and soda can push down U.S. adults’ calorie intake enough to lower their average weight by 5 pounds (2 kg) per year. The researchers, writing in the journal Archives of Internal ... [Link] - "Cruise Ship Sickness" - Is Norovirus In The Food and Water?
Tuesday, March 9, 2010 4:18 pm
The Centers for Disease Control (CDC) reports numerous outbreaks of norovirus on cruise ships operated by Celebrity Cruises, Cunard, Holland American Lines, and Royal Caribbean. Every time there is an outbreak, the cruise lines blame the passengers who board the cruise ships. The media picks up in this theme and often reports that the problem is not with the cruise ... [Link] - Harvard Law School 2010 Spring Sports Law Symposium
Tuesday, March 9, 2010 3:00 pm
I look forward to speaking at this year's Harvard Law School sports law symposium. It will be all-day event on Friday, March 26. Here is some information on the symposium, which is in honor of Harvard Law School professor (and sports law pioneer) Paul Weiler and is open to the public, free of charge:* * *The Harvard Committee on Sports ... [Link] - Jerry Borbon's Wife is Terrified.
Tuesday, March 9, 2010 1:35 pm
Like many of you, I get ready for work in the morning the old-fashioned way: by downing two raw eggs dropped into a shot of whiskey.Then I jump in my mint-green Dodge Dart, turn up the Terry Jacks, and head downtown.But some of these new-fangled fancy-pants tree-huggers, however, want to "save" the "environment."And isn't that always how trouble starts?For example, ... [Link] - Brunswick, Georgia Plant Contamination Poses Risk for Jacksonville, Florida Children and Others
Tuesday, March 9, 2010 1:17 pm
The contamination caused by the closed LCP Chemicals factory in Brunswick, Georgia may be affecting the fish consumed by Jacksonville, Florida residents and their children. Atlantic bottlenose dolphins in the area have been found to have record high levels of polychlorinated biphenyl (PCB), acquired by eating contaminated fish. PCB is an industrial chemical that is believed to be a carcinogen. ... [Link] - An Apology To My Readers
Tuesday, March 9, 2010 1:17 pm
Has it really been five months since my last article on this blog? I can only apologize to those readers who have been awaiting further analysis of the growing body of case law emerging out of the country’s latest real estate crash. Unfortunately, the day-to-day demands of legal practice, including the growth of my firm’s nationwide class action practice, have ... [Link] - First Allied Securities agrees to pay nearly $2 Million to settle Securities Fraud charges of failing to supervise Broker
Tuesday, March 9, 2010 7:18 am
First Allied Securities, Inc, a San Diego-based broker-dealer, was charged with failing to reasonably supervise one of its registered representatives. The Broker engaged in unauthorized fraudulent trading in the accounts of two Florida municipalities. The Securities Exchange Commission (SEC) reports that First Allied has agreed to settle the charges for nearly $2 Million. The SEC alleges that Harold H. Jaschke, ... [Link] - Daughter Found Safe Fourteen Years After Mother Allegedly Abducts Her From Father
Tuesday, March 9, 2010 7:18 am
Mother and Father divorce. Father is awarded custody of Daughter. Ninety percent of children abducted in California are the subject of a child custody dispute. And so it was with eight year old Daughter, who went missing fourteen years ago. Now twenty-two years old, Daughter has recently been found alive and well. Mother has been arrested for kidnapping though. This ... [Link] - Gun Trust Lawyer sponsors 13th Annual National Firearms Law Seminar
Tuesday, March 9, 2010 7:18 am
The NRA foundation is having the 13th Annual National Firearms Law Seminar in Charlotte NC Friday may 14, 2010. The Topics to be covered are McDonald v. Chicago: From Heller to Chicagoland: Incorporation of the 2nd Amendment Future Areas of Litigation "Presumptively Lawful" Restrictions after Heller & McDonald Concealed Carry Licenses & Licenses Required to Possess or Acquire a Firearm ... [Link] - Cruise Industry Spent $400,000 Last Quarter Lobbying Against Safety & Environmental Regulations
Tuesday, March 9, 2010 6:27 am
Today Business Week published an article "Cruise Trade Group Spends $400K on 4Q Lobbying" which is re-printed, unedited, as follows: "Cruise Lines International Association spent almost $400,000 in the fourth quarter to lobby on security and environmental issues along with other matters, according to a recent disclosure report. The trade group that represents cruise lines such as Royal Caribbean and ... [Link] - JAABCAM
Tuesday, March 9, 2010 4:46 am
1.) & 2.) Co-workers will never mistakenly grab your brown bag lunch out of the break room fridge again, with impressive name tags like these attached; 3.) Former ASA Scott Janowitz in the house; 4.) Attorneys Terrence Moons, Kevin Kulik, and Eddie Kay (Terry is guilty by association); 5.) The old & the new - Judge Fred Berman enjoying his ... [Link] - City of Miami Scatters Sex Offender Colony Under Julia Tuttle Causeway
Tuesday, March 9, 2010 3:25 am
As a Miami sex offender registration defense attorney, I was extremely interested to read that the city is taking steps to destroy its most notorious homeless encampment. According to a March 6 article from the Miami Herald, city work crews destroyed the encampment next to the Intracoastal Waterway that had housed as many as 100 homeless registered sex offenders. Many ... [Link] - City of Miami Scatters Sex Offender Colony Under Julia Tuttle Causeway
Tuesday, March 9, 2010 3:25 am
As a Miami sex offender registration defense attorney, I was extremely interested to read that the city is taking steps to destroy its most notorious homeless encampment. According to a March 6 article from the Miami Herald, city work crews destroyed the encampment next to the Intracoastal Waterway that had housed as many as 100 homeless registered sex offenders. Many ... [Link] - The Value of Patient Information
Tuesday, March 9, 2010 3:25 am
Florida and a number of states attempting to outlaw so called ambulance chasing in personal injury cases have employed several methods to limit access to records of patients. First, statutes prohibit access to police accident reports for 60-days. Second, statutes as well as professional rules regulating the professional conduct of lawyers and health care license holders prohibit the direct solicitation ... [Link] - Supreme Court Upholds Ban On Certain Lawyer Advice In Bankruptcy
Tuesday, March 9, 2010 3:25 am
The Supreme Court released its opinion today in Milavetz, Gallop & Milavetz, P. A. v. United States. Justice Sotomayor wrote the opinion for the Court and stated:Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA or Act) to correct perceived abuses of the bankruptcy system. Among the reform measures the Act implemented are anumber of provisions ... [Link] - COUNTY COURT REPORT
Tuesday, March 9, 2010 3:25 am
Our Colonel of County Court has a report, but before we get to it, we are happy to report that Attorney Bob Lamons, stuck down on Friday with a medical incident, is fine and on his way to recovery. REPORT FROM THE COLONEL OF COUNTY COURT. Gather round and take a knee soldiers. The great war has ground to a ... [Link] - Celebrity Cruises' Mercury Returns to Port with 182 Sick Passengers - Sailing Postponed
Tuesday, March 9, 2010 1:08 am
The Centers for Disease Control (CDC) reports that Celebrity Cruises' Mercury cruise ship has returned to Charleston, South Carolina with 182 ill passengers. According to its web page "Investigation Update on the Mercury," t'he CDC reports 182 of 1749 passengers (10.41%) are ill with diarrhea and vomiting, and 14 of the 850 crew (1.65%) are sick. With the sick passengers ... [Link] - Highlights from MIT Sloan Sports Analytics Conference
Monday, March 8, 2010 11:38 pm
On Saturday, I was a panelist at the 2010 MIT Sloan Sports Analytics Conference, which is hosted by ESPN and which has become (in my opinion) the biggest annual event for sports professionals. I spoke on the "Performance Enhancement: Will Future Athletes be Formula One or NASCAR?" panel.My panel included Phoenix Suns president of basketball operations and general manager Steve ... [Link] - ICE Expands Worksite Enforcement Activities in the Southeast
Monday, March 8, 2010 10:05 pm
On Tuesday, March 2, 2010, the U.S. Department of Homeland Security (“DHS”) announced that it was expanding its worksite enforcement strategy in the Southeastern United States. As part of this strategy, the U.S. Immigration and Customs Enforcement (“ICE”), the agency within DHS directly responsible for worksite enforcement, indicated that it is issuing Notices of Inspections (“NOIs”) to 180 businesses in ... [Link] - Polk County DUI Attorney Musca on Recent Study Showing Rising Trend of Female DUI Drunk Driving
Monday, March 8, 2010 10:05 pm
A new study shows that while the vast majority of drivers under the influence of alcohol are men, more young women are driving under the influence and getting into fatal auto accidents than ever before. The study, which is based on data from the U.S. National Highway Traffic Safety Administration, finds "female drivers involved in fatal crashes actually increased over ... [Link] - "Fla. Insurance Case Could Set Precedent for Hurricane Claims"
Monday, March 8, 2010 10:05 pm
Jordana Mishory had an article in the Daily Business Review titled "Fla. Insurance Case Could Set Precedent for Hurricane Claims." The article relates to a case heard by the Florida Supreme Court last week, Chalfonte Condominium Apartment Assoc., Inc. v. QBE Insurance Corp. The oral argument took place on Thursday and can be viewed at THIS link and an unofficial ... [Link] - RIP Judge James Paine
Monday, March 8, 2010 7:42 pm
Sad news to report -- Judge Paine has passed away. Here's the PBP obit:The flag outside the federal courthouse flies at half-mast this morning following the death Sunday of one of Palm Beach County's longest serving, hardest working federal jurists, Sr. U.S. District Judge James C. Paine.Paine, 85, died after spending his final few days in hospice care. Funeral services ... [Link] - Gun Trust Lawyer sponsors 13th Annual National Firearms Law Seminar
Monday, March 8, 2010 7:38 pm
The NRA foundation is having the 13th Annual National Firearms Law Seminar in Charlotte NC Friday may 14, 2010. The Topics to be covered are McDonald v. Chicago: From Heller to Chicagoland: Incorporation of the 2nd Amendment Future Areas of Litigation "Presumptively Lawful" Restrictions after Heller & McDonald Concealed Carry Licenses & Licenses Required to Possess or Acquire a Firearm ... [Link] - Policyholder Advocate Matt Gaetz Picks Up Endorsement From Jeb Bush
Monday, March 8, 2010 7:38 pm
Matt Gaetz is running for a seat in the Florida House of Representatives. His chances of getting elected have become better since former Governor Jeb Bush provided his endorsement to Gaetz. Here is Gaetz commenting on the endorsement: Matt Gaetz and his father, Senator Don Gaetz, are proof that conservative elected officials can also support strong pro-policyholder legislation and stand ... [Link]
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