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 …
Can Your Clients Be Convicted for Threats on Social Media?
A Florida high school student posted online, “Can’t WAIT to shoot up my school.” “It’s time” and “School getting shot up on a Tuesday.” He was arrested for violating Florida Statute 836.10 (“written threats statute”). Then he was convicted. But the appellate court reversed. You can read the Florida Second …
53rd Anniversary of Kennedy Assassination: Lawsuit Over Kennedy Assassination “Nix Film” Languishes While All Eyes Are on October 26, 2017
Mark your calendars, Kennedy assassination research fans. October 26, 2017 is the date when the government is scheduled to declassify and release all of the remaining 3,600 JFK Assassination records (see here). There are two ardently divided groups on the topic of the Kennedy assassination — the amorphous conspiracy theorists, …
Another Proposal for Settlement Stricken Due to Inconsistent Release Attached
Proposals for Settlement in Florida (also known as Offers of Judgment) have a poor survival rate on appeal. The chance is decreased, almost to zero, if the offeror mentions a release but does not attach. Surprisingly, the offeror does not improve their chances by attaching a release. There’s too much room …
Christopher Hopkins Speaks on Social Media Discovery CLE in Palm Beach (Earn Florida Technology CLE points via Web)
Interested in earning some Technology CLE points in Florida? Sign up for this January 24, 2017 CLE — possibly one the first CLEs in the State to offer Tech CLE points. AND… you don’t even have to attend in person. Live or via Web. In one hour we will cover: All …
Does a Negative Employee Review = Defamation?
There is an exception to the general rule regarding defamation when it involves “parties [who] have a mutual interest in evaluating a person’s work.” These evaluations occur frequently: employee evaluation, customer evaluation of employees, parents’ evaluation of teachers, and former bosses evaluating former employees to prospective new employers. Under those …
“Don’t Connect Your Phone to Rental Car” mentioned on CBS-Detroit Newsradio 850 Feldman Report
My article, “Don’t Connect Your Phone to Rental Cars” explained how rental cars (and your leased car!) can collect data from your smartphone which creates a vulnerability when the next driver takes the car. The original post was a Business Advocate post at McDonald Hopkins.com, here. It was also cross-posted …
Christopher Hopkins to Speak at NBI “Mediation in Florida” in Fort Lauderdale
I am pleased to be one of three speakers at National Business Institute’s CLE/CME, “Mediation in Florida: Keys to Effective Settlement Negotiations.” The program is Thursday, November 10, 2016 at the Courtyard Fort Lauderdale North/Cypress Creek in Ft. Lauderdale, Florida. Lawyers and mediators can collect 8.00 hours of CLE and/or CME. …
Your House is Burning — Can the Fire Department Turn You In for Drugs and Guns in the House?
You may have constitutional protections in your house but the exigency of the circumstance gives constitutional permission to the first responders to enter your home. Once the fire is extinguished, fire fighters are required to conduct an “administrative sweep” to confirm there is no other fire or danger. During fire fighting or during …
Florida Second DCA Holds ALF Arbitration Agreement Not Applicable to Nursing Home Admission
On September 9, 2016, the Florida Second District Court of Appeal ruled that an arbitration clause in an assisted living facility (ALF) admission agreement did not apply when the resident was transferred to a skilled nursing facility (SNF) located in the same retirement community. While the language of the arbitration …
Police Cannot Perform a “Terry stop” just because someone is wearing a “funny hat”
A first degree murder conviction was overturned by the Fourth District Court of Appeal on August 31, 2016 due to the Court’s Fourth Amendment analysis of a bizarre description of the events. In Lorenzo Sanchez v. State of Florida, the defendant/appellant was convicted of murder of a Pompano Beach convenience store …
First DCA Finds Facebook Posts by Florida Lawyer about Trial to be “Outside the Bounds of Professional Conduct”
The case of David Edward Boyles v. Dillard’s, Inc. from Florida’s First District Court of Appeal is a mixed bag of issues involving Daubert, evidence, voir dire, closing argument, and alleged attorney misconduct during trial. Notable, from a legal/technology standpoint, is this somewhat cryptic final sentences from the Opinion about …