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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!

  • Rocky Mountain Public Adjuster Conference Set for March 13, 2015

    March 5th, 2015

    The Rocky Mountain Association of Public Insurance Adjusters (RMAPIA) is having an educational conference approved for Colorado and Idaho CE credit (pending credit in Montana, Utah and Wyoming). It will be held at The University Club in Denver. Our own Chip Merlin will present on "How to Win at... [Link]
  • So This Should Be a Boring Bar Trial.

    March 5th, 2015

    Let's see, according to the Intrepid One™ , we have allegations of several office affairs, tampered texts, finger-pointing from the top, alleged trust fund improprieties, lots of well-known attorneys testifying, and general boorish behavior.Oh wait -- and a healthy dash of saltpeter! An episode of... [Link]
  • Should Municipal Police Officers Be Trained in Modern DUI Practices? Does it Matter When the Government Lies to Win? McShane v. HACC (PSP) and What Timothy Ebersole Said

    March 5th, 2015

    This is part one of a multi-part opinion and analysis series on McShane v. HACC (PSP). Should Municipal Police Officers Be Trained in Modern DUI Practices? Does it Matter When the Government Lies to Win? Analysis and Opinion related to McShane v. HACC (PSP) and What Timothy Ebersole Said In a prior... [Link]
  • What are the Rights of Injury Victims Visiting Florida From Other States? Follow Up to Buckman Bridge Crash

    March 4th, 2015

    A recent tragedy that took place in Jacksonville, Florida on the Buckman Bridge brings out the ripple effect of crashes of this nature.   It has been reported that the family was in Jacksonville, Florida visiting from Pine Bluff Arkansas.  There really are no suitable words to describe the loss of... [Link]
  • Threat of Litigation Eliminates Charitable Set Aside Deduction for Estate

    March 4th, 2015

    Estates and trusts with charitable beneficiaries often seek to employ the Code Section 642(c) charitable set aside deduction for income earned by the estate and trust that will eventually (but not in the current tax year) be distributed to the charity. This deduction is needed when the income cannot... [Link]
  • Lenovo Computers Are Programmed To Spy On You!

    March 4th, 2015

    I hope Lenovo goes bankrupt fighting the thousands of lawsuits Superfish is going to cause them!  They deserve it!  ABC News broke a story that is driving me crazy.  We are investigating an upcoming class action case against Lenovo, Inc. for pre-installing spyware on their computers.&... [Link]
  • Report: 1 in 5 Drivers Involved in Serious Crash, Many Still Drive Carelessly

    March 4th, 2015

    The latest annual Traffic Safety Culture Index study, released by the AAA Foundation for Traffic Safety, reveals that while 1 in 5 U.S. drivers has been involved in a serious crash - with 1 in 10 seriously injured - many still continue to engage in risky behavior behind the wheel. Researchers poll... [Link]
  • Di Pietro Goes Up

    March 4th, 2015

    The following names have been sent to Rick Scott for the current county court opening: Nick Davis, Donald Gelin, Michele Ricca, Nina Di Pietro, Ernest Kollra, Richard Sachs …... [Link]
  • FEMA's Rush to Resolve Sandy Fraud Issues May Only Scratch the Surface

    March 4th, 2015

    Unless you have been consciously trying to avoid it, you cannot help but know that is going on regarding Hurricane Sandy and the engineering fraud that seems to have run rampant in the claims handling process. FEMA has not stepped into the breach to resolve all of the litigation that has come about... [Link]
  • The McShane Firm Back in the News

    March 4th, 2015

    The McShane Firm was back in the news recently when a Dauphin County Judge issued a ruling ultimately blocking Harrisburg from enforcing three gun ordinances.  These were among the five ordinances challenged by U.S. Law Shield which is represented by The McShane Firm. Harrisburg Mayor Eric Papenf... [Link]
  • Coast Guardsman Takes Control of Superstorm Sandy Claims

    March 4th, 2015

    FEMA officials appointed a person familiar with taking control of emergency situations when they appointed a retired United States Coast Guardsman to take control of the Superstorm Sandy mess. The mess was largely created by WYO “Dogs on a Leash” lawyers discussed in yesterday’s po... [Link]
  • 3d DCA Watch -- And Then There Was One.

    March 4th, 2015

    How exciting!Today is the day when the bunker is supposed to be answering all the important legal questions that keep us up at night, pointing us in the right direction through clear and concise legal prose, and providing grateful trial judges much needed guidance as they grind it out in the trenche... [Link]
  • Cooperating witness killed in Haiti

    March 4th, 2015

    Jacqueline Charles has the sad story here:Oriel Jean — the former security chief of ex-President Jean-Bertrand Aristide and whose testimony in U.S. courts a decade ago helped take down key figures in Haiti’s drug trafficking underworld — was shot to death Monday in Port-au-Prince.Haiti Nati... [Link]
  • Got Letters of Administration! What now?

    March 4th, 2015

    This is a followup to my previous post on starting Probate in Florida, specifically Formal Administration. The initial push in probate is dedicated to convincing the judge to appoint you as the personal representative (PR) and then issuing Letters of Administration. Now that you’ve got your cr... [Link]
  • Georgia Halts Executions Out of Concern for Pentobarbital Quality

    March 4th, 2015

    Georgia is halting its lethal injection executions for now because of concerns voiced by state officials about the quality of the chemicals available to be used by executioners. Kelly Gissendaner's Execution Has Been Stayed. According to the New York Times, lawyers for Kelly Gissendaner have e... [Link]
  • Actual Knowledge Required for Florida Hit and Run Conviction

    March 3rd, 2015

    Were you involved in a hit and run accident? Were you arrested for leaving the scene of an accident causing injury to a person? Were you given a Jacksonville ticket for leaving the scene of an accident with property damage? … Continue reading →... [Link]
  • Beware of Forced Arbitration in Nursing-Home Contracts

    March 3rd, 2015

    We live in a baby-boomer nation. Now, those post-World War II folks are turning 70-something and soon will need nursing homes. The nursing-home industry not only recognizes the changing of the tides taking place but also is capitalizing on it. It knows big business lies ahead. The American Associati... [Link]
  • Liens on Your Florida Condo or Home: What are They and How Do You Get Rid of Them?

    March 3rd, 2015

    Condo living is a different lifestyle here in Florida, one that lots of people enjoy. Sharing the responsibilities of lawn care and landscaping, pool upkeep, and more can free condo residents from chores they would have face if they lived in a single family home in the suburbs. However, living the F... [Link]
  • U.S. Issues Another Critical Crime Warning for Honduras, Including Roatan

    March 3rd, 2015

    The United States Department of State just issued a warning to U.S. citizens that the level of crime and violence in Honduras remains "critically high."   The warning is similar to the critical crime warning issued by the U.S. State Department last year.  The warning states... [Link]
  • Millard Mall Services v. Bolda - Slip-Fall Defendant Blocks Evidence Production

    March 3rd, 2015

    A woman allegedly slipped, fell and was seriously injured while shopping at the Sawgrass Mills Mall in South Florida. To recover damages for her injuries, she filed a lawsuit against mall services and ownership. During the discovery phase of litigation, plaintiff sought certain documents from def... [Link]
  • Further Details and Media Report Released Regarding Buckman Bridge Crash Causing Four Deaths

    March 3rd, 2015

    On March 2, 2015, there was a crash in Jacksonville Florida that caused the death of four people – two deaths and two children.   The crash took place on the Buckman Brigde which was later shut down.  The ripple effect of this crash was felt throughout the roadways of Duval and Clay County. [Link]
  • Who Does an Auto Insurance Policy Cover?

    March 3rd, 2015

    Auto insurance policies cover different people in different ways. So, when you ask who an auto insurance policy covers it depends on which insurance you’re talking about. Each car involved in an accident is going to have a different level of insurance. There are a lot of segments that go... [Link]
  • The Real Dangers

    March 3rd, 2015

    With everything there are both benefits and risks. This is true for medical marijuana. Thankfully we have fine professionals at the DEA there to set us straight when our rose-colored glasses make everything too pink. "I deal in facts. I deal in science," said special agent Matt Fairbanks, who's... [Link]
  • Insurance Company Lawyers Called "Dogs on a Leash"

    March 3rd, 2015

    The CBS 60 Minutes documentary, The Storm After The Storm, called insurance company lawyers, "Dogs on a Leash." It raised the question whether insurers should be held accountable for acquiescing to unethical and wrongful misconduct by their own lawyers. Lawsuits naming insurance company la... [Link]
  • 11th Circuit investitures

    March 3rd, 2015

    The Daily Report covers them here:Undeterred by wintry weather, federal appeals court judges gathering in Atlanta this week officially welcomed their two newest colleagues with kind words, food and drink.A common theme for the separate investitures of Judges Julie Carnes and Jill Pryor was their... [Link]
  • Medically Necessary

    March 3rd, 2015

    When you talk to law enforcement officers about medical marijuana users they will quickly tell you that "these are not the people we are after." It would be nice to believe them, but reality sets in when you see stuff like this.It worked.For the first time in Florida history, a Broward jury acquitte... [Link]
  • THE FLORIDA LEGISLATURE IS NOW IN SESSION

    March 3rd, 2015

    THE CAPTAIN REPORTS:OYEZ OYEZ OYEZ, THE FLORIDA LEGISLATURE IS NOW IN SESSION .....Today begins the annual migration to Tallahassee for the 160 elected legislators, (120 in the House and 40 in the Senate) as the two chambers decide how many more laws they can pass in just 60 days.  The Spring S... [Link]
  • Automobile Accidents on Bridges – Issues and Legal Rights – Recent Crash on Buckman Bridge (North Florida)

    March 3rd, 2015

    In Jacksonville and North Florida, there are a number of bridges (large and small) that connect commuters to various areas over and beyond major waterways like the St. Johns River and the Intercoastal.   Once such bridge is the Buckman Bridge.  Construction began on the Buckman Bridge in 1964 and... [Link]
  • Ocala Man Arrested on Child Pornography Charges

    March 3rd, 2015

    According to the Marion County Sheriff’s Office, police arrested an Ocala man Friday morning on 20 counts of possession of child pornography. The 51-year-old man turned himself in at the Marion County Jail and was booked in at 10:45 a.m., according to the Sheriff’s Office. He declined to speak w... [Link]
  • Ocala Man Arrested on Child Pornography Charges

    March 3rd, 2015

    According to the Marion County Sheriff’s Office, police arrested an Ocala man Friday morning on 20 counts of possession of child pornography. The 51-year-old man turned himself in at the Marion County Jail and was booked in at 10:45 a.m., according to the Sheriff’s Office. He declined to speak w... [Link]
  • Police Chief Arrested on Florida Prostitution Charge

    March 2nd, 2015

    As a Jacksonville criminal lawyer, I have represented many people that were arrested for prostitution-related crimes. In my experience, I believe that there is not one type of person that fits this mold. I have represented men with very different … Continue reading →... [Link]
  • Forced Arbitration Pervades Contractual Agreements, Binding Consumers

    March 2nd, 2015

    Margaret Jane Radin, author of Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law, is of the point of view that the American court system is “allowing contract to gobble up tort.” In other words, the 37-year law professor believes forced arbitration is evil. Forced arbitration lu... [Link]
  • Cruise Executive Richard Fain Hits the Jackpot Again

    March 2nd, 2015

    According to the SEC, Royal Caribbean CEO Richard Fain (below right) sold 87,488 shares of his RCL stock at an average price of $76.41, for a total value of $6,684,958.08. After the transaction, cruise executive Fain still owns 1,139,613 shares his cruise line valued at approximately $87,077,829.33... [Link]
  • Treating Physicians Are Entitled To Expert Witness Fees for PIP Depositions

    March 2nd, 2015

    Insurance companies request depositions of the treating physician in most personal injury protection (PIP) cases. The medical treatment rendered and the reason for performing the medical services are the central issues for treating physician depositions. These depositions range from approximately th... [Link]
  • Texas Nurse Nina Pham Files a Lawsuit Over Ebola Catastrophe

    March 2nd, 2015

    Nina Pham, a nurse for Texas Health Presbyterian Hospital Dallas, was the first person to contract Ebola in the United States after treating patient Thomas Eric Duncan in September 2014.  She plans to file a lawsuit Monday, March 2, 2015 over the hospital’s alleged improper… The post Texas... [Link]
  • Judge's Ruling Could Pave the Way for the Release of Thousands of Immigrant Women and Children

    March 2nd, 2015

    A Federal Court Judge recently banned the U.S. Government from using deterrence as a basis for denying the release of women and children from immigration detention facilities. Article about the Decision: http://www.huffingtonpost.com/2015/02/20/immigration-detention-injunction_n_6724662.html Copy... [Link]
  • Cruise Ship Nightmares -- Now With More Spencer Aronfeld!

    March 2nd, 2015

    My bud Spence thinks it's a cruise ship nightmare if you fall overboard -- I'd say it's his admonition at the end of the clip that's the real nightmare:  taking a cruise sober.Pick your poison, I guess. [Link]
  • Using Annuity To Protect Trust Distributions To Judgment Debtor

    March 2nd, 2015

    An attorney called me to ask about his client who is facing a large civil judgment. The debtor/client is one of three children who is a beneficiary of an irrevocable trust established by a parent. The parent died. The trust …The post Using Annuity To Protect Trust Distributions To Judgment Deb... [Link]
  • Medical Marijuana Grow House Goes "Up In Smoke"

    March 2nd, 2015

    You can't make this stuff up. A marijuana grow house goes "up in smoke"1 and I get to write about it in a property insurance blog! Nationwide Mutual Fire Insurance Company may be off the hook after a recent ruling from the Sixth Circuit Court of Appeals that there is no coverage for the fi... [Link]
  • Public Defender Arrested for Defending Her Client’s Constitutional Rights

    March 2nd, 2015

    Very disturbing story out of San Francisco.  A public defender was arrested for trying to defend her client’s right to an attorney: SF Public Defender Detained By Police After Trying To Intervene With Questioning Of Client SF deputy public defender Jami Tillotson says she was only trying to p... [Link]
  • Are You a Manly Male at GT? Congratulations You've Made Partner!

    March 2nd, 2015

    Of course that's an unfair headline, but I'm pretty sure that little underdog of a firm can take it -- but what about the actual headline in today's DBR:Greenberg Traurig New Partner Gender Split in South Florida--17 Men, 1 WomanUmm, congratulations?Why do the facts hate women?But I'm sure there's a... [Link]
  • The Infringer Sourced The Infringing Goods in China, So Infringement Was Willful, Right?

    March 2nd, 2015

    No.Washington Shoe Company ("WSC") has sold certain shoes in Target.  (There is debate through the opinion discussed below whether WSC sold its shoes through Target "for years," but I will not get into that factual dispute.)  WSC sent an initial demand letter to Olem Shoe Corp. concerning... [Link]
  • MARCH COMINGS AND GOINGS

    March 2nd, 2015

    March is a month of comings and goings. Coming: Israeli Prime Minister Benjamin Netanyahu, who will be addressing a joint session of congress. Going: Attorney General Eric Holder. A PERFECT TIME:If you are a long time Miami resident, then if you watch one thing on television the ... [Link]
  • Terrorism cases make bad law

    March 2nd, 2015

    In U.S. v. Said, covered by the Herald, the government is again asking to disguise a witness in an upcoming trial:Prosecutors have taken the rare step of asking a federal judge to shut out the public during the testimony of two FBI undercover employees at an upcoming Miami trial of a Kenyan man accu... [Link]
  • Florida Appellate Court Awards Attorneys Fees to Claimant After Money is Forfeited Without Evidence of Criminal Activity

    March 1st, 2015

    As we have mentioned many times before on this website, we have seen many cases where a Florida law enforcement agency has taken money or other property from a person without any indication that the person or the property was involved in criminal activity. The Florida forfeiture laws allow the poli... [Link]
  • Phantom Vehicles and Uninsured Motorist Coverage

    March 1st, 2015

    Sorting through auto insurance coverage in the event of a crash can be a complex process under any circumstance, but it can be especially challenging in cases involving "phantom vehicles." These are cases where one vehicle crashes, but another unidentified vehicle is alleged to have been the cause. [Link]
  • Freezing High Conflict Divorce Litigation for the Collaborative Process

    March 1st, 2015

    I strongly suggest that any person who is in the initial stages of a Florida divorce consider engaging in the collaborative process from the very beginning.  This simply means that each spouses hires an attorney solely for the purpose of helping them … Continue reading →... [Link]
  • THE MIAMI HERALD DOES IT AGAIN!

    March 1st, 2015

    Miami, really all of Florida, is lucky to be served by a crusading and muckraking newspaper like the Miami Herald. And today, the Herald has really outdone itself again. The Herald broke this shocking story, which we are sure has all of you gasping in shock and surprise:Florida's prison system... [Link]
  • Appellate Court Affirms Trial Court Order Compelling Appraisal for Supplemental Hurricane Claim

    March 1st, 2015

    On Wednesday, Florida's Third District Court of Appeal issued an opinion affirming a trial court’s order compelling appraisal of a homeowners’ supplemental Hurricane Katrina claim.1 The insureds, the Cardelles, had filed claims with State Farm after Hurricanes Katrina and Wilma in 2005. [Link]
  • Grebing v. 24 Hour Fitness - Liability Waivers as a Defense

    February 28th, 2015

    Waivers of liability can be powerful defenses in certain personal injury cases, particularly in Florida in the wake of the Florida Supreme Court decision in Sanislo v. Give Kids the World. That case essentially stated waivers don't have to be written in very specific language in order to be enforced... [Link]