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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!

  • THE DEFENSE CALLS….

    March 30th, 2015

    The NY Times Magazine had a very informative article on the Colorado SuperMax prison and what solitary confinement does to an individual (it makes them go crazy). We strongly suggest you read it. The NY Times here also ponders the question of whether Dzhohkar Tsarnaev's attorneys will put him o... [Link]
  • Justice or an Abortion of Justice? Are some Judges and the Elected DA in Centre County out of Control?

    March 30th, 2015

    An opinion piece by Justin J. McShane Justice or an Abortion of Justice? Are some Judges and the Elected DA in Centre County out of Control? This Firm comes into the public spotlight in the middle of an alarming series of events that has been well played out in the Centre Daily Times, but has [̷... [Link]
  • Study: Buyers Purchasing Vehicles With Outstanding Recalls

    March 29th, 2015

    Last year, there were more motor vehicle recalls than any other year on record. This stemmed from a combination of issues, including the fact that years-old problems were finally being conceded and addressed by manufacturers, and regulators were beginning to take a hard line with the auto industry a... [Link]
  • Calculating Actual Cash Value, Part 6: Michigan

    March 29th, 2015

    While I am a Florida native and reside in Florida now, I spent 3 years living in Lansing, Michigan, when I attended Thomas M. Cooley Law School. This week I will discuss calculating actual cash value in Michigan. If the policy does not define actual cash value, in Michigan, “all evidence r... [Link]
  • Direct vs. Indirect Probate Court Jurisdiction Over Foreign Realty

    March 29th, 2015

    [This is a Florida case, but presumably the same principle may apply in other states.] A state probate court generally does not have jurisdiction over real property situated in another state or country that was owned by the decedent. Generally, such property must be administered in those local juris... [Link]
  • Calling all Georgia Licensed Public Adjusters: Save the Date

    March 29th, 2015

    Be sure to join Merlin Law Group at the May 12, 2015 GAPIA Conference. GAPIA—Georgia Association of Public Insurance Adjusters—will host this annual conference at the Cobb Galleria in Atlanta. Georgia has been hit with particularly harsh winter weather this year and this meeting... [Link]
  • Florida Alimony Reform 2015 – Florida Alimony Guidelines

    March 28th, 2015

    Many people are surprised to learn that, currently, Florida has no alimony guidelines.  Rather, it has a bunch of factors that a judge considers, such as lifestyle of the parties, each spouses’ contribution to the marriage, and the age and physical … Continue reading →... [Link]
  • Skaperdas v. Country Cas. Ins. Co. – Car Insurance Agent Owes Duty of Care

    March 28th, 2015

    Auto insurance companies are notorious for exploiting every possible opportunity to limit liability and deny coverage to insureds who file a claim. Although courts have been clear that ambiguity in the policy will result in a favorable ruling toward the insured, companies can be successful when the... [Link]
  • Woman Arrested After Leaving 2 Kids in Hot Car

    March 27th, 2015

    A woman accused of leaving two children unattended inside a hot car in October was arrested Tuesday, according to the Palm Beach County Sheriff’s Office. The arrest report states that the woman was shopping at a strip mall in the 6500 block of Lantana Road in Lake Worth on Oct. 29. She apparen... [Link]
  • MOTION DENIED!

    March 27th, 2015

    Rumor has it John Contini has denied the SAO’s Motion to Disqualify as legally insufficient (4:34 PM) … UPDATE – SS: Contini denies Motion (5:02 PM) “Public Defender Howard Finkelstein said it was “much ado about nothing.” He found it disingenuous of Satz, saying... [Link]
  • Jacksonville FL Grand Theft Arrest for Stealing Puppy

    March 27th, 2015

    When it comes to Jacksonville theft charges, the property that is stolen will determine the level of the offense. Under Florida law, a theft crime may range from petit theft to grand theft. Jacksonville petit theft charges are misdemeanors. Petit theft … Continue reading →... [Link]
  • SIGNS OF THE APOCALYPSE

    March 27th, 2015

    The Sixth Seal – Signs In The Heavens“I watched as He opened the sixth seal. There was a great Earthquake. The sun turned black like sackcloth made of goat hair, the whole moon turned blood red, and the stars in the sky fell to earth, as late figs drop from a fig tree when shaken by a... [Link]
  • Attorney’s Fees in PIP Lawsuits

    March 27th, 2015

    Despite common misconception, PIP lawsuits are litigated as breach of contract claims, not tort actions like bodily injury claims.  Many people think because there was a motor vehicle accident with injuries, the attorneys handling PIP suits are therefore dealing with tort claims.  This mis... [Link]
  • So I Have A Boat In My Front Yard Following Super Storm Sandy; Will My Flood Insurer Cover The Removal Of It And Other Non-Owned Debris? - Part 3

    March 27th, 2015

    A common scenario after Sandy was that folks ended up with all sorts of debris scattered across their properties that had been deposited by the powerful storm. Things like boats, docks, parts of structures and plants and sand were left everywhere and were in need of removal at sometimes substantial... [Link]
  • Court Decides What Law Applies to 2005 Slip and Fall Injury Lawsuit

    March 27th, 2015

    It’s not often that a court has to determine what the law was, and what law applied, almost five years previously. But a recent slip and fall case has caused a court to evaluate whether a law changed back in 2010 should apply to an accident that happened in 2005. Child Falls on Substance in [̷... [Link]
  • WEINSTEIN FOR CONTINI

    March 27th, 2015

    Peter Weinstein covering for John Contini this morning …... [Link]
  • How's That Fancy New Downtown Office Building Working Out?

    March 27th, 2015

    So I understand you have to park in Fort Lauderdale and walk about twenty miles if you want to get anywhere near downtown Miami this weekend:Good morning, Miami — hope you're not planning on driving anywhere today! Let's review just a few of the interesting things that are happening in your city... [Link]
  • SAO v. CONTINI

    March 26th, 2015

    The SAO filed this Motion To Disqualify against John Contini late this afternoon, on every single pending case in the criminal division he presides over.  It sets the stage for an interesting docket tomorrow morning at 8:30 AM, when Contini comes out and the State asks for a ruling on the first c... [Link]
  • FL Appeals Court Tells Dwayne Wade and Ex-Wife to Get a Parenting Coordinator and Stop Appealing

    March 26th, 2015

    Three times was too many for Miami Heat star Dwayne Wade's ex-wife. Four years ago, an Illinois court entered a 102-page (!) judgment after a 38-day (!) trial, detailing D-Wade and his ex-wife's custody and timesharing arrangements. D-Wade was given sole custody and permission to relocate the minor... [Link]
  • No Special Instruction For Patient With Object Left Inside of Him

    March 26th, 2015

    One of the most frightening scenarios for patients who undergo a surgical procedure in a hospital is the possibility of having a foreign object left inside of them. A recent case discusses how and when the law protects those who fall victim to this kind of negligence. Man Has Object Left Inside of H... [Link]
  • Can a Gun Trust have an FFL?

    March 26th, 2015

    We often get asked questions about how and if a Gun Trust or another type of trust can own or obtain an FFL or C&R license.  A Trust is not a person under the GCA of 1968 and as such a Trust may not apply for or receive an FFL or C&R license.  That being […]... [Link]
  • Medicaid Lien Tweaking: Can it Now be Done?

    March 26th, 2015

    Every lawyer doing personal injury work has on occasion had to deal with an injured Medicaid insured and the ensuing Medicaid lien. Until recently, there was no real way to tweak a settlement agreement such that the lien would be as little as possible. However, there is now a way that appears to hav... [Link]
  • Passenger Medevaced from Diamond Princess

    March 26th, 2015

    A cruise ship passenger suffering from an undisclosed medical condition has been medevaced from a Princess cruise ship sailing to Sydney.  The ABC News network in Australia reports that a Westpac rescue helicopter was dispatched to the Diamond Princess after a passenger became ill. A docto... [Link]
  • THE END IS NEAR

    March 26th, 2015

    The blog is doomed. From our friends at South Florida Lawyers comes this distressing news out of Tallahassee:A dangerously misguided Florida bill would forbid websites from operating anonymously just because they meet a vague definition of disseminating “commercial recordings”—and it's headed... [Link]
  • Bicycling With Kids – Parents Educate Youth on Cycling Safety

    March 26th, 2015

    Recently, the Fort Myers News-Press delved into the issue of bicycling safety in Southwest Florida – or rather, the great lack thereof for so many riders. The newspaper chronicled how Florida had the most bicycle deaths of anywhere in the nation last year, and the 1,400 bicycle crashes in Lee... [Link]
  • Homo-Fascist War on Freedom: Dark Bilbo Edition

    March 26th, 2015

    As 'religious liberty' laws spring up across the nation, it's good to remember that we've had this discussion before. [Link]
  • SDFLA ranks second in courtroom hours per judge

    March 26th, 2015

    Here's an interesting piece on judicial productivity by Judge William Young and Jordan Singer.  It discusses how courtroom hours are way down across the board.  But our District still has quite a bit of in court hours, and we rank second in that category at 661 hours per judge in 2013. Tha... [Link]
  • Caution: “Probate Paralegals” on Craigslist

    March 26th, 2015

    Yesterday, I received what was otherwise a routine call about a potential probate case: The caller told me she had hired a “probate paralegal” to prepare the paperwork that she, the caller, would then file the case herself. She thought she had found some magical loophole to avoid hiring... [Link]
  • Graco Slapped with $10 Million Lawsuit for Delay in Recalls of Defective Child Seats

    March 26th, 2015

    Graco Children’s Products has agreed to pay $10 million to settle claims that it failed to recall about four million child car seats with a defective buckle that could make it difficult to free a child in an emergency, according to federal regulators. The National Highway Traffic Safety Administra... [Link]
  • GETTING EVEN WORSE …

    March 26th, 2015

    Who is Zachary Bailey? (No relation to Bailey legal family) Justices Kennedy and Breyer are a whole lot smarter than you Hitler Reacts To The Last Grateful Dead Shows in Chicago... [Link]
  • Another Critical Crime Warning for Nassau, Bahamas

    March 25th, 2015

    The U.S. State Department has issued a critical crime warning for Nassau, Bahamas today. The warning is titled Security Message for U.S. Citizens: Nassau (Bahamas), Nassau Violent Crime. The warning states that U.S. citizens residing in and traveling to the Bahamas to be aware of their surround... [Link]
  • Can Florida Habitual Traffic Offenders Get Drivers Licenses?

    March 25th, 2015

    Is a Florida habitual traffic offender able to obtain a drivers license? How can I get my drivers license back after it has been suspended for 5 years in Clay County? Will a Jacksonville drivers license attorney be able to … Continue reading →... [Link]
  • Southwest Florida Bicycling Deaths Spark Outcry, Calls for Change

    March 25th, 2015

    The stories of Southwest Florida's bicycling dangers became personal for many people recently, as The News-Press detailed a dozen of them in a recent series entitled, "Paths of Peril." In the last five years, there have been 1,400 bike accidents in Lee and Collier counties, with Lee County ranking... [Link]
  • International Cruise Victims (ICV) Expands in Europe

    March 25th, 2015

    The International Cruise Victims (ICV) organization just announced that it is expanding in Europe. The ICV is a grass root non-profit organization operated by victims of crimes and families who have lost loved ones at sea. The ICV and the families have been successful in the scheduling of 8 Con... [Link]
  • Distracted Driving Results in Teen Driver Car Accidents

    March 25th, 2015

    As a Fort Lauderdale personal injury attorney and the father of teenagers, Joseph Lipsky is professionally and personally concerned about the number of car accidents associated with teenage distracted driving. While many people only associate distracted driving with cellphone and texting, many teen... [Link]
  • Venue - Where Should I File My Lawsuit?

    March 25th, 2015

    Venue refers to the place where a lawsuit may be brought. If more than one county is proper, the plaintiff may choose where to file. There is a strong presumption in favor of the plaintiff's choice. The party seeking a change of venue has the burden of proving a right to change. This may happen when... [Link]
  • 3d DCA Rules Change of Notice Period Was Not a 'Modification' of Timesharing Agreement in Miami Heat Star's Child Custody Case

    March 25th, 2015

    The long-running and often contentious child custody dispute between pro basketball star Dwyane Wade and his ex-wife, Siohvaughn Funches, added a new chapter recently when the 3d District Court of Appeal issued a ruling upholding a timesharing decision made last year by a Miami-Dade trial judge. Alt... [Link]
  • Hunting with Suppressors in Ohio now legal

    March 25th, 2015

    On March 23rd, Ohio repealed the prohibition on the use of legally possessed suppressors while hunting.  Ohio has become the 35th state to permit hunters to use legally possessed suppressors while hunting.  IN 2014 Alabama, Florida, Georgia, and Louisiana all enacted legislation to permit the use... [Link]
  • Invalid Gun Trusts

    March 25th, 2015

    ATF has a history of approving Form 4 transfers to invalid trusts.  Today,  I received another example of an invalid trust that ATF had already approved a transfer for a suppressor.  As more people are learning about gun trust we are seeing more poorly written and in some cases invalid gun trusts... [Link]
  • Lawyers in the "Bubba" DUI setup case get their day in court

    March 25th, 2015

    While it happened almost two years ago, the Bubba the Love Sponge vs. MK defamation trial is still talked about today. Besides the nature of the case itself, the big sideshow was the setting up of MJ's attorney by Bubba's lawyers. The set up resulted in MJ's lawyer getting arrested for a DUI and h... [Link]
  • Are The Rules Of The Road The Same On Water?

    March 25th, 2015

    We are all familiar with the rules of the road on land. It’s that handbook you get in drivers education.  However, I am surprised to discover how many boaters are not familiar with the rules of the road on the water.  Just like all drivers on land must abide by the rules, the same holds&... [Link]
  • Florida Parasailing Injury Settlement Reached

    March 25th, 2015

    Two teens who were seriously injured in a horrific Florida parasailing accident have reached a settlement with a number of defendants in the case. The Florida injury lawyers of Chalik & Chalik represented one of those teens, and had previously represented the father of a 15-year-old girl killed... [Link]
  • But they took a blood test…

    March 25th, 2015

    Many people think that if the police took a blood test that test came back positive for any drugs or over the BAC limit, they will automatically be convicted of a DUI. This is simply not true. A DUI blood test is a piece of paper with a result. In reality, it is an opinion. […] The post But th... [Link]
  • 3d DCA Watch -- Summary Judgment 101 Edition!

    March 25th, 2015

    Get out your Arent Fox .1 billing sticks, we are about to learn how summary judgments work, courtesy of our blinkered bunkered be-robed bubbes:In support of their motion for summary judgment, the Lawyers filed affidavits, depositions, and records reflecting evidence which, if it was the only evidenc... [Link]
  • Virginia State Department Official Arrested in Cyber Sting Operation

    March 25th, 2015

    Daniel Rosen, one of the many office directors in the counterterrorism bureau of the U.S. State Department, was taken into custody after being charged with arranging to have sex from a minor. The senior official has spoken out publicly about the danger of exposing youth to corrupting adult influence... [Link]
  • Returning Death Penalty to Other Execution Methods On the Books

    March 25th, 2015

      There are several different methods of execution used by the states (as well as the federal government and the U.S. Military) that offer ways to carry out a sentence of death other than the lethal injection method.   Image:  Florida's Electric Chair   Guillotines, for example,... [Link]
  • Title Insurer May be Sued for Negligence in Florida

    March 24th, 2015

    When representing policyholders we are always trying to make our clients whole through the payment of attorneys’ fees or other costs of litigation. The basis behind this is, had the insurance company paid what they were supposed to in the beginning, the litigation and ensuing costs would not h... [Link]
  • Florida Medical Necessity Defense to Marijuana Charges

    March 24th, 2015

    Medical Marijuana Amendment Fails in Florida Last November, voters were confronted with the decision as to whether or not medical marijuana should be legal in the State of Florida. The Florida constitutional amendment did not pass. “A majority of voters … Continue reading →... [Link]
  • What is the medical necessity defense in Florida?

    March 24th, 2015

    Note: This is article should be read after the Florida Medical Necessity Defense to Marijuana Charges article on this Jacksonville criminal defense lawyers website. The first article covers the most recent case law in Florida and its application to the … Continue reading →... [Link]
  • Why Haven't Costa and MSC Fired Their Security Chiefs?

    March 24th, 2015

    Security failed the tourists from the Costa and MSC cruise ships visiting Tunisia last week. The result: 17 dead cruise passengers and two dozen injured. Tunisia acknowledges it. The risk of jihadists attacking tourists was readily foreseeable. Security analysts and security forces blew it. In respo... [Link]