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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!

  • Trial Court Erred in Setting Aside Alleged Robber’s Negotiated Plea

    August 22nd, 2014

    One of the important elements of the criminal justice system is the ability of attorneys for the prosecution and attorneys representing the accused to engage in negotiations to settle the outcome of the case. Once a trial court accepts a negotiated plea arrangement, it may set aside that adjudicatio... [Link]
  • What to Expect After Applying for Social Security Disability Benefits

    August 22nd, 2014

    Making the decision to apply for Social Security disability benefits is not an easy one. You have to consider the length of the process and come to terms with the fact that you just can’t physically or mentally work on a full-time basis anymore. For many people that is a difficult realization to c... [Link]
  • Why I’m proud to be an American (and a trial lawyer)

    August 22nd, 2014

    I’m proud to be an American and I’m proud to be a trial lawyer. Like many Americans, I can’t bear watching the talking heads on the 24 hour news networks.  I find their rhetoric divisive and shaped completely by their own worldview, no matter what they are debating, with no room for compromis... [Link]
  • A New School Year — New Futures

    August 22nd, 2014

    Despite living in Florida for 24 years, it is still odd for me to see Back-to-School ads in July. Having grown up in New York, where the school year begins after Labor Day, it still seems like everyone should be enjoying a summer vacation. Yesterday was the first day of school for Palm Beach County. [Link]
  • What to Expect at a Preliminary Hearing

    August 22nd, 2014

    One of the first questions our support staff gets from new clients facing a DUI  is, “Now what?” and “What can I expect at the Preliminary Hearing?” One of the first things we like to tell our clients is to trust the attorney they hired. Take with us. We want the best possi... [Link]
  • SFL Friday -- Does Anyone Care About the Broward Judicial Races?

    August 22nd, 2014

    I think this sums it up:Most voters wouldn't recognize a Broward judge if they fell over one. Or, given recent embarrassing events involving our judiciary, if one fell over them. Both scenarios seem plausible!So do like my mother does and vote based on how their last name sounds when you pron... [Link]
  • In North Carolina, the Insurer Can Waive Its Right to Claim Forfeiture

    August 22nd, 2014

    Insurance applications are important in the insurance marketplace. Applications are part of the risk analysis insurers make in determining whether they will issue a policy. There is exhaustive case law on issues of misrepresentations, ambiguities, and incomplete applications. The issue I want to dis... [Link]
  • RIP Pat Davis

    August 22nd, 2014

    Pat Davis, who was married to our former chief judge Edward B. Davis for 52 years, passed away earlier this week.  She was a very private person and did not want a public service, but I thought it was important to post about her as she was such a special woman.  She loved Judge Davis so mu... [Link]
  • Police Use Tricks to Get Confessions: Major Reason to Remain Silent

    August 21st, 2014

    Remaining silent is a right that should be exercised more often by people suspected of committing crimes, but unfortunately, people's desire to explain themselves and tactics used by police oftentimes overcome a person's better judgement. The best time to contact a Jacksonville criminal defense att... [Link]
  • Super Bowl Champion Investigated by the Police

    August 21st, 2014

    A police department in the state of Washington is investigating Seattle Seahawk running back Marshawn Lynch for assault and criminal mischief allegations. The local police were quick not to jump to conclusions. Per the police spokesman: "At this point, this is only an allegation. We haven't even c... [Link]
  • I was convicted for a crime, but my attorney never told me I would be deported, what do I do now?

    August 21st, 2014

    This is a common occurrence in the state of Florida. Non-citizens are arrested for crimes and they enter pleas to the charges without being told of the probable or possible immigration consequences of their convictions. Many criminal defense attorneys have little or no knowledge of the immigration... [Link]
  • Stuart Sobel Played Critical Role in Helping PortMiami Tunnel Builder to Resolve Dispute, Avoid Delay as Chronicled in Report from the Daily Business Review

    August 21st, 2014

    By Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A. The firm's Stuart Sobel played a very important role in helping the builder of the new PortMiami Tunnel, which opened for traffic last month, to resolve a significant dispute and avoid a potentially lengthy delay during constructi... [Link]
  • Nolo Says Don't Create A Gun Trust With Their Products

    August 21st, 2014

    Today I ran across an entry on Nolo's website addressing the appropriateness of using their living trust software, commonly referred to as Quicken, or Will Maker, to make a Gun Trust. The same issues would exist for Legal Zoom or other standard trust software. Thousands of people and many gun deal... [Link]
  • “Prosecutors of Ray Allen Intruders Are Following The Law”

    August 21st, 2014

    As a former burglary victim and father of three young children, I especially feel for Ray Allen and his family. I thoroughly understand why they’re demanding the arrest and maximum charge for all intruders who brazenly entered their home while they slept. What an extraordinary violation! As a... [Link]
  • “Prosecutors of Ray Allen Intruders Are Following The Law”

    August 21st, 2014

    As a former burglary victim and father of three young children, I especially feel for Ray Allen and his family. I thoroughly understand why they’re demanding the arrest and maximum charge for all intruders who brazenly entered their home while they slept. What an extraordinary violation! As a... [Link]
  • What The Cruise Lines Don’t Want You To Know

    August 21st, 2014

    Last month the U.S. Senate Commerce Committee heard horrific stories from cruise line passengers recounting their experiences. The man behind this hearing was Senator Jay Rockefeller (D-W.Va.) the committee chairman.  Senator Rockefeller has been on a mission to hold the cruise line industry ac... [Link]
  • Agent Held Responsible for Underinsurance

    August 21st, 2014

    I have made it a point to blog about an insured’s responsibility when it comes to obtaining insurance policies and the right kind of coverage. In California, having the sole allegation that a broker or agent didn’t provide the right policy when an insured didn’t read the policy is... [Link]
  • 11th Grants Hearing in Buju Banton Appeal!

    August 21st, 2014

    It's unclear the exact procedural posture, but this seems like good news for Buju backers:A lawyer for convicted Jamaican reggae star Buju Banton said Tuesday that a U.S. federal appellate court agreed to a new hearing on his latest appeal. The Grammy-winning singer is serving a 10-year sentence... [Link]
  • PACs

    August 21st, 2014

    UPDATE: We have the video of Ferguson Officer Go F Yourself, which is how the fine, upstanding, well trained peace officer identified himself while pointing a semi-automatic rifle at an unarmed protestor while telling him- in a clear attempt to defuse the situation- that he would "fucking kill you."... [Link]
  • Interview list for Judge Rosenbaum's seat

    August 21st, 2014

    Yesterday, I posted the link to the JNC's list of interviewees for Judge Rosenbaum's seat.  The Commission decided to interview 15 of the 24 people who applied.  Of those fifteen, 11 are state court judges.  There is a federal prosecutor and a federal magistrate.   Sadly, there a... [Link]
  • Fewer Cruise Passengers Sail From Seattle

    August 20th, 2014

    King 5 TV reports that there has been a drop in the number of departures of cruise ship and cruise passengers through Seattle. The video below features the Carnival Miracle which arrived back in Seattle after a cruise to Alaska. 805,000 passengers and 178 cruise ships will pass through Seattle durin... [Link]
  • Chris Kattan Gets Probation for Drugged-Driving DUI

    August 20th, 2014

    Former Saturday Night Live funnyman Chris Kattan received his sentence six months after he was arrested on suspicion of a DUI. The 43-year-old comedian is required to pay a $500 fine, attend a three-month alcohol program, 104 Narcotics Anonymous classes, and will be on probation for the next three y... [Link]
  • Chris Kattan Gets Probation for Drugged-Driving DUI

    August 20th, 2014

    Former Saturday Night Live funnyman Chris Kattan received his sentence six months after he was arrested on suspicion of a DUI. The 43-year-old comedian is required to pay a $500 fine, attend a three-month alcohol program, 104 Narcotics Anonymous classes, and will be on probation for the next three y... [Link]
  • JNC announces interviews for district bench

    August 20th, 2014

    Link here: http://www.flsd.uscourts.gov/wp-content/uploads/2014/08/JNC-NOTICE0001.pdfMore to follow soon. ... [Link]
  • Power Morcellator Lawsuits

    August 20th, 2014

    Sometimes older is better. Sometimes the newest “thing” on the block doesn’t work as well as the old tried and true method. This is true for some cases in new cardiac stents verses bypass surgery, and now we know it’s true in cases involving Johnson & Johnson’s Powe... [Link]
  • Brouwer v. Sisters of Charity – Common Knowledge Exception in Medical Malpractice Litigation

    August 20th, 2014

    The vast majority of Florida medical malpractice cases require early investment in an expert witness who can substantiate assertions that the defendant health care provider breached the acceptable standard of care for his or her field of practice. Expert witnesses can be expensive and difficult to s... [Link]
  • Philly Police Involved in Organized Crime

    August 20th, 2014

    The police are entrusted to uphold the law and justice not extort, rob, and sell drugs.  Reports out of Philly show police corruption at its finest. Philly police officers used gangland tactics to rob drug dealers, say federal authorities PHILADELPHIA (AP) — Six city narcotics officers used gangl... [Link]
  • 3d DCA Watch -- Sorry, We'll Get to that Boring Civil Stuff Next Week!

    August 20th, 2014

    The funding came through and they just installed a wash basin/hot tub adjacent to the mechanical room/gym, and one thing led to another, and oh well, that's life in the 305! [Link]
  • Experts - They May Know What To Do and How To Do It - But Do They Know How To Deliver?

    August 20th, 2014

    In a time where expert reports are more the norm than the exception, it’s important to remember that a great expert report is only as good as the expert delivering it. Delivery here is being used in the sense of delivering a timely, well written report and verbally delivering a succinct explan... [Link]
  • BRYSON’S BACK ON THE MEAT MARKET!

    August 20th, 2014

    GossipExtra/Marni Bryson: Back on the meat market!  PB Post/Buying your way onto the bench SS/Marc Gold returning to States shortly SS/Courthouse parking to become affordable LA Times/What kind of prison might inmates design? [Link]
  • VOTE FOR JUDGE RODNEY SMITH

    August 20th, 2014

    Before we begin, Monroe County State Attorney Cathy Vogel says we were mistaken and she wasn't the ASA in the murder case we referenced in the prior post.  To that end, we have edited the post to remove any reference to her. Long time and careful blog readers know we average about a mistak... [Link]
  • High School and College Level Educational Materials on the Death Penalty

    August 19th, 2014

    Did you know that the Death Penalty Information Center has compiled curricula on the death penalty for both the high school and college level?   From the DPIC website: Our award-winning high school curriculum, Educational Curriculum on the Death Penalty, includes 10-day lesson plans, interacti... [Link]
  • Gizmodo Gets Everything About the Fiduciary Access to Digital Assets Act Wrong

    August 19th, 2014

    As I’ve written recently, the Uniform Law Commission approved the Uniform Fidicuary Access to Digital Assets Act. The act can be found on the Committee’s website, along with supplmenetal material, such as prior drafts, comments, and issues memorandum. A direct link to the final approved Uniform... [Link]
  • Property Disclosure Statements: Duty to Reveal Hazards in Florida Must Be Disclosed to Home Buyers

    August 19th, 2014

    Most sellers and buyers of residential real estate here in Florida depend upon their real estate agents to help them through the process. For buyers, it’s making sure that they have all the information that they need to make an informed purchase. For sellers, it’s relying upon their agent to kno... [Link]
  • Failure to Foster Relationship with Child's Father Not Grounds for Mandating Psych Evaluation of Mother

    August 19th, 2014

    Psychological and physical evaluations can be important tools for courts as they analyze a parent's fitness. The law, however, also maintains several hurdles on the permissibility of such examinations because of their invasive nature. The case before a court must implicate the parent's mental or phy... [Link]
  • Cyclist Struck and Killed by Garbage Truck

    August 19th, 2014

    A bicyclist was killed Wednesday after being hit by a garbage truck, according to Palm Beach County Fire Rescue. Officials with Palm Beach County Fire Rescue believe the crash happened at around 9:50 a.m. near Old Boynton Beach Road and Lawrence Road. When firefighters arrived at the scene they foun... [Link]
  • Harrisburg, PA Know Your Gun RIghts Seminar

    August 19th, 2014

    Dear Pennsylvania Neighbors and Friends, Please consider this a personal invitation to you. So you own a gun, maybe you have license to carry a concealed firearm, but does your responsibility end there? Now, more that ever is the best time to learn more about your rights as a Law Abiding Gun Owning... [Link]
  • Èske Aksyon èkstrèm dwat Jeb Bush se bagay kap kraze sistèm konpansasyon pou anplwaye ki andomaje nan Eta Florid la?

    August 19th, 2014

    Moun ki andomaje nan travay ap fè fas ak yon gwo pwoblèm sou zafè dwa yo genyen anba sistèm konpansasyon pou anplwaye ki andomaje nan travay nan Florid depi kòmansman'l nan ane 1935. Kèk nan peryòd sa yo te pi mal pase kèk lòt. Sepandan, pa gen yonn ki te ka pi mal pase tan Jeb Bush te s... [Link]
  • Miami Judge Declares Florida’s Workers’ Compensation Laws Unconstitutional

    August 19th, 2014

    In a bold decision, Miami Dade’s Judge Cueto struck down Florida’s Workers’ Compensation statute as unconstitutional. The ruling is considered a victory for injured workers. The History of Workers’ Compensation Before workers’ compensation, employees injured on the job sued their employers... [Link]
  • Arrested in St. Johns County FL for Prostitution and Solicitation

    August 19th, 2014

    The St. Johns County Sheriff’s Office and St. Augustine police conducted an undercover prostitution sting last week. “The operation, dubbed ‘Operation Summer Lovin’,’ targeted men and women looking for sex or offering sexual favors in return for money.” As a … Continue reading... [Link]
  • Haiti to Charge Royal Caribbean Passengers $2 More to Visit Labadee

    August 19th, 2014

    Haiti-Caribbean News Network reports that Haiti will require Royal Caribbean cruise passenger to pay an extra two dollars to visit the cruise line's "private destination" in Labadee. The extra money, to be paid by the cruise passengers and not the cruise line, is intended to fund social pr... [Link]
  • Workers Compensation Laws May Be Changing In Favor of Injured Employees

    August 19th, 2014

    As a Florida personal injury lawyer, I am frequently contacted by persons who have been injured either at their job site or while working. For the past 80 years or so, Florida employers have enjoyed (for the most part) total immunity from claims by their injured employees. Under the Florida Worker&#... [Link]
  • Sanctions Motion for Not Proceeding in Arbitration?

    August 19th, 2014

    This nasty dispute between an ex-Steinger, Iscoe attorney and her former PI firm has all the makings of a rollicking ride in district court before Judge D.The judge has already denied a motion to seal the court record, and the defendant has come out swinging with a Rule 11 motion for bringing the su... [Link]
  • Ana Alliegro pleads guilty on eve of trial

    August 19th, 2014

    Curt Anderson, from the AP, covers it here:Less than a week before trial, a onetime close associate of former U.S. Rep. David Rivera pleaded guilty Tuesday to four charges in a long-running campaign finance investigation that also implicates Rivera.Attorneys for Ana Alliegro announced in a surpri... [Link]
  • The BIA Issues an Important Decision on Florida’s Sale of a Controlled Substance Statute

    August 19th, 2014

    On August 15, 2014, the Board of Immigration Appeals issued a published decision in Matter of L-G-H-, 26 I&N Dec. 365 (BIA 2014), regarding the immigration consequences of a conviction for violating Florida Statute § 893.13(1)(a)(1) (sale, manufacture, delivery or possession with intent to sell, ma... [Link]
  • Can an Insured Impose Limitations on the Insurer's Use of Personal Information During a Claim Investigation?

    August 19th, 2014

    In practically every homeowner insurance policy, the insurance company requires the insured to perform certain duties after a loss. Among the duties is to provide the insurance company, when requested, documents including banking or financial records. Often this type of documentation is requested in... [Link]
  • MONDAY NOTES

    August 19th, 2014

    Campaign Finance - Jahra McLawrence has overtaken Lynn Rosenthal in campaign contributions.  Predictably, Rosenthal started strong, but the DUI arrest in May killed the golden incumbent goose.  Since the “sleep driving” problems arose, she’s raised peanuts, with corresponding... [Link]
  • When Can Police Officers in Florida Use Deadly Force?

    August 18th, 2014

    With the events in Ferguson, Missouri all over the news, there is a lot of information, and a lot of misinformation, about when a police officer can use deadly force against a person. By deadly force, at least in Florida, we mean force that is likely to cause death or a serious injury. An obvious... [Link]
  • LPL Financial Fraught with Allegations of Supervisory Failures

    August 18th, 2014

    Advisor Independence Achilles Heel for Gigantic Investment Organization LPL Financial is one of the nation’s largest broker/dealer investment firms, yet it is not an investment firm in the traditional sense. Whereas most investment firms offer specific investment vehicles, LPL Financial’s busi... [Link]
  • Fatal Fort Myers Hit-and-Run Leads to Arrest

    August 18th, 2014

    Fort Myers police report a 23-year-old pedestrian was killed after being struck by a hit-and-run driver outside a local club. The 21-year-old driver was caught soon after the crash by police after a witness followed him home and contacted authorities. Our car accident lawyers in Fort Myers know th... [Link]