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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!

  • New York Federal Court Upholds Earth Movement Exclusion Where Soil Settlement Contributes to Collapse

    September 21st, 2014

    Many insurance policies specifically exclude earth movement and if the facts permit, the insurance company may raise this exclusion when a claim is asserted. This issue is currently being litigated in Superstorm Sandy cases in both New York and New Jersey. A recent Eastern District of New York feder... [Link]
  • NFL WEEK 3 2014

    September 21st, 2014

    After a pretty good week of picks for us, and a pretty bad week of publicity for the NFL, we start week three confident we are on a roll, and not so confident that the NFL is nothing more than a collection of super athletes, who are super spoiled, and most of whom have below average intelligence, mo... [Link]
  • Narcissists, Psychopaths, & Sadists, Oh My!

    September 21st, 2014

    Psychology Today reported on a new study confirming what I already know; internet trolls really are just terrible human beings.In this month's issue of Personality and Individual Differences, a study was published that confirms what we all suspected: internet trolls are horrible people.  L... [Link]
  • APPLICABLE FEDERAL RATES–OCTOBER 2014

    September 20th, 2014

    Follow @crubincrubin... [Link]
  • Boozer v. Stalley – Florida Court Declines Attorney-Client Privilege Exception in Bad Faith Insurance Claim

    September 20th, 2014

    In both the criminal and civil justice systems, the term “attorney-client privilege” refers to the notion that when a client consults with his or her attorney about a pending case, the content of those discussions will not be subject to public dissemination. Recently, a plaintiff in a ba... [Link]
  • Caregiver? To The Truth, No Care Given

    September 20th, 2014

    Joe Cardona managed to piss off both SFL and I today with this crap.At a quick glance (which is generally what most people give these questions in the voting booth) this statement would lead one to assume that “determined by a licensed Florida physician” means that doctors would write prescripti... [Link]
  • BRAVE BLOG POST

    September 20th, 2014

    A brave blog post:We write this with some trepidation, but not with the same courage that it took our colleague Phil Reizenstein to make a post on his blog about Adrian Peterson and child abuse. Many of you have emailed us and asked us to re-post it. We won't do that. And Phil has not contacted us. [Link]
  • Mortgages: Statute of Limitations, Quiet Title Actions, Etc.

    September 20th, 2014

    In the aftermath of the real estate mortgage foreclosure crisis in Florida since 2008, various issues have been presented to the court in Florida regarding the enforceability of mortgages, including statute of limitations arguments.Statute of Limitations CasesForeclosure on Subsequent Default Not Ba... [Link]
  • Financial Data from the Office of Insurance Regulation May Surprise You

    September 20th, 2014

    Each year the Florida Office of Insurance Regulation (OIR) publishes an Annual Report for the prior year pursuant to Florida Statute Section 624.315. I was researching another issue when I thought this would be a good blog post. This report briefly describes OIR roles and responsibilities, summarize... [Link]
  • Johnston-Forbes v. Matsunaga - Standards for Expert Witnesses in Crash Cases

    September 19th, 2014

    Although expert witnesses are not required in Naples car accident lawsuits as they are in medical malpractice cases, use of an expert witness can sometimes make or break a case. However, in order to be considered an "expert," a person must meet certain criteria for the purported field of study. L... [Link]
  • Cahours v. Florida - Actual Knowledge in Hit-and-Run

    September 19th, 2014

    A second Florida appellate court has certified a question to the state supreme court regarding whether a defendant must have actual knowledge of a crash in order to be criminally charged with leaving the scene of an accident involving death. Florida's First District Court of Appeal, in Cahours v... [Link]
  • Canada Issues Crime Warning for Nassau, Bahamas

    September 19th, 2014

    On Wednesday, Canada began advising its citizens to “exercise a high degree of caution, especially in Nassau, due to high rates of crime.” On its government website Canada urged Canadian travelers to be vigilant and raised the alert status from normal. The warning effective Septembe... [Link]
  • The Hidden Sources of Law School Stress:

    September 19th, 2014

    The Hidden Sources of Law School Stress: Avoiding the Mistakes That Create Unhappy and Unprofessional Lawyers by Lawrence Krieger is now available on Kindle. This brief book tells you why law school can be so stressful, and why it doesn’t... [Link]
  • In Retail Theft/Shoplifting Cases in Florida, the Sale Price Controls the Value of the Stolen Item

    September 19th, 2014

    In Florida, everyone understands that stealing items from a store is a crime. However, what may not be clear is that the conduct may be a misdemeanor or felony depending on the value of the item(s) stolen. Even less clear may be how that value is determined. This can be a critical issue in a defe... [Link]
  • Jacksonville Sheriff and Florida Attorney Argue Over Marijuana Laws

    September 19th, 2014

    When you think of attorneys, you think of two people debating over an issue.  That is what litigators do.  They argue for their clients about a certain issue, and the judge makes a decision based on the arguments and evidence … Continue reading →... [Link]
  • Florida Attorneys: Bad Faith Law Just Got Better

    September 19th, 2014

    Those of us who do personal injury litigation have been hoping for several opinions to come out in regards to bad faith litigation. Our patience has been amply rewarded. Two Florida 4th District Court of Appeal opinions have been recently released that add significant tools to our battle against ins... [Link]
  • Friday Fodder -- Magistrate Judge Goodman and the Meet-and-Confer Requirement.

    September 19th, 2014

    It's mind-boggling how much time and energy has been devoted to the intricacies of the meet-and-confer requirement -- something that is supposed to save us some time and energy.Perfect for a Friday, enjoy this nice rant on the topic:Local Rule 7.1(a)(3), “Pre‐Filing Conferences Required of Couns... [Link]
  • Court Finds Coverage for Subcontractor not Listed as an Insured in Builder's Risk Policy

    September 19th, 2014

    In honor of the first place Kansas City Royals, I thought I'd share a Missouri case I recently found. I fell in love with the Royals as a little kid when the great George Brett came to my school. Drury Company v. Missouri United School Insurance Counsel,1 also involves a school district and an occur... [Link]
  • Barry Bonds' conviction in trouble?

    September 19th, 2014

    That's what all of the court observers are saying after yesterday's en banc argument (watch here*).  Here's one example, by Pamela MacLean:The government may have struck out with the majority of an 11-judge panel of the 9th U.S. Circuit Court of Appeals Thursday in former Giants slugg... [Link]
  • Florida Personal Injury Law: Non-Delegable Duty Creates Joint & Several Liability

    September 19th, 2014

    By amending §768.81 Florida Statues, the Florida Legislature eliminated, effective 2006, the application of joint and several liability in most personal injury cases. Under the joint and several doctrine, in cases involving multiple defendants each negligent defendant was wholly responsible financi... [Link]
  • IT'S A TOWN FOR LOSERS.....

    September 19th, 2014

    If you've noticed that we've been posting less frequently, you are correct. Blame the feds. They are relentless. And of course the 11th Circuit doesn't give you a whole of time to file a brief. But we are thankful for the work. The JAA blog had these very nice words for Circuit Judge Elect... [Link]
  • GM Offering Compensation for 19 Deaths Linked to Faulty Ignition Switch

    September 18th, 2014

    General Motors has offered to pay compensation for 19 deaths that have been linked to faulty ignition switches in the company’s vehicles. The exact dollar amounts of the automaker’s offers were not announced. However, the 19 deaths are an increase from the 13 deaths GM had previously adm... [Link]
  • Mystery Shrouds Disappearance of 23 Year-Old Macedonian Crew Member from M/S Serenissima

    September 18th, 2014

    A newspaper in Macedonia, Press 24, published an article "Семејството ја бара веќе 4 дена: 23 годишна Македонка отишла да работи на брод и исчезнала" ("A family looks for 4 days for a 23 year-old Macedonian went to... [Link]
  • Can you sell property before you file your bankruptcy?

    September 18th, 2014

    A debtor who sells or transfers property shortly before filing bankruptcy could be putting his or her bankruptcy and property at risk. Depending on the circumstances, a trustee may be allowed to recover the transferred property as part of the bankruptcy estate. There are a few factors that deter... [Link]
  • Jacksonville Criminal Attorneys Prepare for Dunn’s Jury Trial

    September 18th, 2014

    Judge Russell Healey held Michael Dunn’s final pretrial hearing today in preparation for the retrial which is set to begin on Monday.  Most Duval County residents know of the Michael Dunn case.  Dunn was arrested for the murder of Jordan … Continue reading →... [Link]
  • Florida Supreme Court Strikes Down Caps on Medical Malpractice Damages

    September 18th, 2014

    Normally in a jury trial involving personal injuries, a jury is free to award as damages whatever amount they see just and fit, based upon the evidence presented. Traditionally there has been no cap or maximum on an amount that can be awarded, again, so long as the award is supported by the evidence... [Link]
  • The Story Behind the 4th District Court of Appeal's Relocation Plan, As Told By the Judges

    September 18th, 2014

    The judges of Florida's Fourth District Court of Appeal can apply the same sharp analysis to solve financial quandaries as they use to parse complex legal issues. That's what attendees of yesterday's meeting of the Appellate Practice Section of the Broward County Bar Association learned.&n... [Link]
  • What's Going On Over at Akerman?

    September 18th, 2014

    Two recent Akerman items caught my eye:First, there was some kind of altercation over there over something:A man is suing Akerman, alleging he was severely injured when he was restrained by a security guard while at the law firm's Miami office for a deposition.Henry Tien of Miami filed the pro se... [Link]
  • When Cruise Lines are Negligent for Violating Safety Regulations

    September 18th, 2014

    As an attorney who practices in maritime law, I often take cases against the cruise lines.  These cases often involve trip or slip and falls where my client has been injured.  These cases are often very difficult to prove negligence on the part of the cruise line.  One such way is to... [Link]
  • California Court Dismisses Costa Concordia Lawsuit

    September 18th, 2014

    Earlier this week, a federal district judge in California dismissed a lawsuit filed on behalf of two cruise passengers against Carnival arising out of the January 2012 Costa Concordia disaster, ruling that the case must be pursued in Italy where Costa Crociere is located. The name of the lawsuit is... [Link]
  • Should Judge Fuller resign?

    September 18th, 2014

    In addition to Judge Kopf's posts on the subject, there is growing noise that Fuller needs to step down -- this time from members of the Congress.  From the Montgomery Advertiser: Alabama's two U.S. senators on Wednesday called for U.S. District Judge Mark Fuller to step down from the bench, j... [Link]
  • Under Florida Law, a "Sudden" Event Can Occur Over Time

    September 18th, 2014

    If you are a frequent reader of this blog, you are likely familiar with the general rule that policy language determined to be ambiguous is read in favor of the insured because the insured is the nondrafting party. A contract is ambiguous when its language is reasonably susceptible to more than one... [Link]
  • Achilles Last Stand.

    September 18th, 2014

    Ever wake up and just want to rip up everything in your path -- "destroyer of worlds" and all that?That's how I feel this morning. [Link]
  • Hoping For A Fall?

    September 18th, 2014

    My favorite Supreme Court Justice is back in the news! The 81-year-old justice, appointed by President Clinton, told an audience at the University of Minnesota's Law School Tuesday, according to the Associated Press, that the marriage cases currently ready to be considered by the Supreme Court... [Link]
  • Social Security Staff Fail to Develop Medical Evidence

    September 17th, 2014

    The Social Security Administration Office of Inspector General recently found that the Disability Determination Services did not always develop all available medical evidence before making a disability determination. The report found that although DDS generally followed policy, sometimes evidence a... [Link]
  • Suspended Florida Drivers License for NBA Player

    September 17th, 2014

    I read an article today about NBA star, Dwight Howard. As a Florida drivers license lawyer and Jacksonville criminal attorney, I do not normally go to ESPN as a news source for my profession, but I saw a headline that … Continue reading →... [Link]
  • "Weird Florida" strikes again...

    September 17th, 2014

    From the Smoking Gun website, two quick police reports that help show how the term "Weird Florida" got its name... Just last Friday an elderly Florida woman was charged with misdemeanor battery after spraying her mentally ill adult son with Febreze, a cleaning product. Per the report the 69-year-... [Link]
  • FREQUENT FLYER MILES–SOMETIMES TAXABLE, SOMETIMES NOT

    September 17th, 2014

    A recent Tax Court case adds to the rules that now exist whether frequent flyer miles will be considered taxable income. Below is a summary. 1. The general rule under Announcement 2002-18 is that awarded miles, whether issued by an airline for purchasing tickets, or from other issuers (well, at lea... [Link]
  • Minnesota Vikings Running Back, Adrian Peterson, Indicted for Child Abuse

    September 17th, 2014

    Another NFL player has made headlines due to alleged physical violence. Minnesota Vikings running back, Adrian Peterson, has been indicted in Texas for child abuse. Peterson allegedly spanked his four-year old son until the child bled. According to cnn.com, Peterson sent text messages to the boy... [Link]
  • Orlando Semi Driver Crushed by Steel Beams in Freak Crash with Fire Truck

    September 17th, 2014

    A semi driver killed Wednesday after he was crushed when his load shifted while yielding to a fire truck near St. Cloud was identified by the Osceola County Sheriff’s Office this week. The 32-year-old Orlando driver stopped his semi abruptly to yield to an Osceola County fire truck turning onto Na... [Link]
  • Judge Doesn’t Need Proof of Dept. of Corrections’ Inability to Meet Man’s Medical Needs to Issue Lesser Sentence

    September 17th, 2014

    While Florida’s criminal sentencing guidelines exist to help promote fairness, the law gives judges discretion to issue lesser penalties when the sentence prescribed by the guidelines does not meet the ends of justice. That can be especially true when the accused person suffers from serious me... [Link]
  • Mercury Insurance Policy Found Ambiguous: Why Insurance Policies Must Specifically State a Fee Schedule

    September 17th, 2014

    On May 30, 2014, the Palm Beach County court, sitting in its appellate capacity, rendered a verdict for the plaintiff medical provider in a lawsuit for unpaid personal injury protection (PIP) benefits. The plaintiff medical provider filed suit against Mercury Insurance Company alleging that Florida&... [Link]
  • 3d DCA Watch - A Record PCA Day!

    September 17th, 2014

    Forty-nine (49!) PCAs today! Talk about busy! Today's four (4!) pearls of wisdom from the bunker:You must proffer evidence that meets the statutory requirements to assert a viable punitive damage claim! Writ of Certiorari granted.Onto the next one.You must participate in the proceeding to avoid... [Link]
  • It's Always Bigger in Texas: Cruise Passengers Taxed on Cruise Booze

    September 17th, 2014

    KHOU 11 reports that alcohol and cigarettes purchased by cruise passengers, represented by cruise lines as "duty-free products," are being taxed by the Texas Alcoholic Beverage Commission (TABC) once the ships return to Galveston. The state of Texas will start collecting similar taxes from... [Link]
  • Pre-Trial Diversion or Intervention can still have Negative Immigration Consequences

    September 17th, 2014

    Many immigrants believe that if they accept the pre-trial intervention or diversion programs offered to criminal defendants after they are arrested, they will not face deportation from the United States. That is simply not true. To understand why, you must understand that there are two different... [Link]
  • Does Vacancy Preclude Coverage, Even If Not Related to Cause Of Loss? - Texas Coverage Series

    September 17th, 2014

    The Texas Supreme Court recently ruled that a vacancy clause remained enforceable by the insurance carrier to preclude coverage in a homeowner's claim, even though the vacancy played no role in the cause of loss. In Greene v. Farmers Insurance Exchange,1 the Court found in favor of the insurance car... [Link]
  • Preservation of Error and the Civil Plain Error Rule

    September 17th, 2014

    "The recent Middle District of Florida decision in In re Nabavi, 2014 WL 3939595 (M.D. Florida, August 12, 2014) made reference to the 11th Circuit Court of Appeal’s longtime adoption of the "civil plain error rule" - an exception to the general rule that an appellate court will not consider... [Link]
  • Brian Tannebaum Is Angry Wrote A Book

    September 17th, 2014

    This promises to be an interesting read. And I will definitely attend the book release party, as the kid never pours bad wine.Well done, Brian! [Link]
  • Attorney General Seeks to Prevent Tampa Same Sex Spouses’ Divorce

    September 17th, 2014

    Florida Attorney General Pamela Bondi has filed a motion to intervene in my client’s same sex divorce matter.  The parties married in Massachusetts, moved to Florida, came to a full settlement agreement via the Collaborative Divorce Process, and asked a Hillsborough … Continue reading... [Link]
  • Lethal Injection: If It's Not the Chemicals, It's the Method

    September 16th, 2014

    Last week, a report was released over in Oklahoma that confirmed that the botched execution of Clayton Derrell Lockett wasn’t the result of any drug or combination of drugs. Nope. Apparently, the horrific execution of Mr. Lockett was the result of how the IV was inserted into his arm. You&rsq... [Link]