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
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
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”
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
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
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
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
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
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 …
Meet Christopher Hopkins (YouTube Video)
McDonald Hopkins LLC has produced a short video segment “Meet Christopher Hopkins” which you can view here. The video shares my thoughts on a number of topics, such as the best part of being a lawyer.
“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
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 …
Edward Snowden: Humorous & Shocking Findings from the [Partially Redacted] House “HPSCI” Report
The House Permanent Select Committee on Intelligence (HPSCI) released in December 2016 a partially-redacted copy of its September 15, 2016 report on its, “Review of the Unauthorized Disclosures of Former National Security Agency Contractor Edward Snowden” (“House Report”). The House Report describes Snowden in the same tenor and tone that the …
Bad Month for Sandy Hook Truthers in Palm Beach, Florida: (1) James Tracy v FAU dismissed and (2) indictment in U.S. v. Lucy Richards
In unrelated court proceedings in West Palm Beach, Florida, two Sandy Hook Truthers suffered losses resulting in a dismissal and indictment, respectively. A university professor who writes blog posts denying the Sandy Hook shooting received a sternly-worded Order of Dismissal which gutted several of his claims while permitting his lawyers a …
Are You a Coinbase User? Keep an Eye on This Tax Case
In November 2016, a federal court ordered that a summons from the IRS be served on Coinbase seeking detailed information on potentially one million virtual currency users. This could include you if you have a Coinbase wallet. The case is In The Matter of the Tax Liabilities of John Does, United …