Third DCA Pharmacy Negligence Case Leaves Florida (Still) Without an ESI Discovery Appellate Opinion

E-discovery  Evidence 
October 8, 2017 cbh Comments Off on Third DCA Pharmacy Negligence Case Leaves Florida (Still) Without an ESI Discovery Appellate Opinion

In the case of Walgreen Co. and Holiday CVS, LLC v Jonathan Rubin, two national pharmacy chains were somehow convinced by their counsel to appeal an adverse discovery production order despite the fact that the lawyers failed to get (basic) affidavits establishing that production costs were unreasonably burdensome. In the…

A Lot of Lawyers Claim That They Accept Bitcoin… But Are They Doing It Wrong?

Ethics  Virtual Currency 
September 21, 2017 cbh Comments Off on A Lot of Lawyers Claim That They Accept Bitcoin… But Are They Doing It Wrong?

A lawyers’ ethics committee appointed by the Nebraska Supreme Court issued an opinion regarding whether lawyers in that state could receive payments in bitcoin; receive payments from third parties in bitcoin; and/or hold bitcoin for their clients.  This applies to any digital currency.  The committee was clearly well-informed and wrote…

U.S. Supreme Court Rules on Nursing Home Arbitration

Arbitration Mediation  Nursing Home / Assisted Living  SCOTUS 
May 15, 2017 cbh Comments Off on U.S. Supreme Court Rules on Nursing Home Arbitration

The United States Supreme Court ruled in favor of a national nursing home chain by reversing a decision by the Kentucky Supreme Court and, instead, held that persons who have broad “powers of attorney” may execute arbitration agreements even when state law grants a right to access to courts and…

Gail (Gayle) Nix Jackson v. United States: JFK Assassination “Nix Film” Case Dismissed

JFK 
April 24, 2017 cbh Comments Off on Gail (Gayle) Nix Jackson v. United States: JFK Assassination “Nix Film” Case Dismissed

For nearly a year and a half, the government and the grand daughter of a witness to the Kennedy Assassination have fought a legal battle over who has a bit of film of the shooting called the Nix Film.  The original appears lost and this case, which just concluded, yielded…

Federal Court Allows Bitcoin Investor Suit to Proceed

Virtual Currency 
March 30, 2017 cbh Comments Off on Federal Court Allows Bitcoin Investor Suit to Proceed

A federal court judge in New Jersey entered an order today allowing a civil suit involving Bitcoin investments to proceed.  The Court ruled that it had jurisdiction over the case based upon the pleadings regarding diversity of the parties and the value of the case exceeding $70,000.   In fact,…

Conspiracy Professor James Tracy v. FAU – Court Ruling and Answers in a “story of two competing narratives”

1st Amendment  Conspiracy  Punitive Damages 
March 6, 2017 cbh Comments Off on Conspiracy Professor James Tracy v. FAU – Court Ruling and Answers in a “story of two competing narratives”

Professor James Tracy was fired by Florida Atlantic University in January 2016 and filed suit shortly thereafter claiming, inter alia, his First Amendment rights were violated.  This case, you may recall, involves a South Florida professor who made national news claiming that the Sandy Hook shooting was a hoax.  Going back…

Florida Court Rules on Enforceability of “Browsewrap” vs. “Clickwrap” Website Terms and Conditions

Arbitration Mediation  Contracts 
February 16, 2017 cbh Comments Off on Florida Court Rules on Enforceability of “Browsewrap” vs. “Clickwrap” Website Terms and Conditions

Internet sellers and website designers beware of new law in Florida governing internet sales.  A Florida state appellate court has ruled, in a case of first impression, against enforcing a “browsewrap” agreement and, as an aside, in favor “clickwrap” agreements.  For non-lawyers, the importance of this “case of first impression” means…

Christopher Hopkins Discusses “Use of Technology in Mediation” at Palm Beach Bar Association CLE/CME

Arbitration Mediation 
February 12, 2017 cbh Comments Off on Christopher Hopkins Discusses “Use of Technology in Mediation” at Palm Beach Bar Association CLE/CME

The Palm Beach Bar Association is hosting the Alternative Dispute Resolution Committee’s annual CLE/CME, which is entitled this year, “ADR – A Help and Not a Hurdle.” The schedule and sign-up information is here. Christopher Hopkins is speaking on “Use of Technology in Mediation” regarding website, office, app, presentation, and…

Florida Fourth District Recedes From Two Prior Opinions re Miranda Rights

law & order 
February 8, 2017 cbh Comments Off on Florida Fourth District Recedes From Two Prior Opinions re Miranda Rights

Florida’s Fourth District Court of Appeal receded from two opinions in 2004 relative to how Miranda rights are given. For lawyers and the general public alike, there’s always room for a little refresher on Miranda.  After all, even the stodgy U.S. Supreme Court was hip enough in 2000 to note that “the…

Two Slip-And-Fall Cases from Third DCA Give Instruction on “Transitory Substance” Litigation Strategy Under Florida Statute 768.0755

Causes of Action 
February 6, 2017 cbh Comments Off on Two Slip-And-Fall Cases from Third DCA Give Instruction on “Transitory Substance” Litigation Strategy Under Florida Statute 768.0755

Two decisions regarding slip-and-fall litigation from Florida’s Third DCA (Miami) provide some instruction on how to litigate “transitory substance” cases under Florida Statute 768.0755, particularly “constructive notice” cases.  In both instances, summary judgment was upheld which is unusual in negligence cases.  The decisions provide insight into maintenance contracts, stacking inferences,…

Charles v. Southern Baptist: 15 Years Later, Florida Medical Malpractice Lawyers Still Fighting “Amendment 7” Cases

Medical Malpractice 
February 1, 2017 cbh Comments Off on Charles v. Southern Baptist: 15 Years Later, Florida Medical Malpractice Lawyers Still Fighting “Amendment 7” Cases

While nearly 80% of Florida voters comfortably agreed with a constitutional amendment giving them “a right to have access to any records made… by a health care facility or provider relating to any adverse medical incident,” this so-called “Amendment 7,” which added to Article X, section 25 of the Florida…

“Social Media Discovery – Case Law Update & Strategies” – Florida Tech CLE at Palm Beach Bar presented by Christopher Hopkins

E-discovery  Social Media 
January 24, 2017 cbh Comments Off on “Social Media Discovery – Case Law Update & Strategies” – Florida Tech CLE at Palm Beach Bar presented by Christopher Hopkins

This one hour session, which you view live or via web (even after the fact), explains the key published opinions in Florida regarding social media discovery.  In addition to that, attendees will see the discovery requests which worked AND failed as well as obtain samples of up-to-date discovery requests.  Finally,…

Dea v. PH Fort Myers, LLC: Complexities of Enforcing Arbitration in Assisted Living Facility Context

Arbitration Mediation  Nursing Home / Assisted Living 
January 15, 2017 cbh Comments Off on Dea v. PH Fort Myers, LLC: Complexities of Enforcing Arbitration in Assisted Living Facility Context

The Florida Second District’s recent opinion in Estate of Dea v. PH Fort Myers, LLC et al. illustrates the complexity of enforcing arbitration in the assisted living / long term care context which requires consistent lawyering in writing arbitration clauses, admission agreements, and agreements for the sale of businesses as…