Front Page
E-discovery

Will Judge Sasser’s Standing ESI Order Apply to Your Case?

The July/August edition of the Palm Beach Bar Association’s Bulletin includes the article, “Will Judge Sasser’s Standing ESI Order Apply to Your Case?” which you can download, here. The article provides a brief refresher of the 2012 amendments which brought electronically stored information (ESI) within the scope of the Florida …

Read More
Data Breach

Can a Court Order Someone to Stay Off Your Website? (Facebook v. Power Ventures says yes)

In Facebook v. Power Ventures, Inc. et al., the Ninth Circuit held that it was a violation of the Computer Fraud and Abuse Act of 1986 for the defendant to continue to access Facebook’s site after receiving a cease and desist letter from Facebook: “a defendant can run afoul of …

Read More
Defamation

Florida Defamation: Reporting a Doctor to NPDB – “Single Publication” or “Multiple Publication”?

The Fifth District Court of Appeal agreed with a Middle District of Florida ruling that a report of a doctor’s misconduct to the National Practitioner Data Bank (NPDB) begins the two-year statute of limitation for any possible defamation case because it is a “single publication” and there are internal safeguards, …

Read More
Conspiracy

Florida Atlantic University and Other Defendants File Motions to Dismiss Against Conspiracy Professor James Tracy

Readers of this blog will recall the story of former university professor James Tracy, who taught and eschews conspiracy theories and was fired for breach of a Florida Atlantic University’s “Conflict of Interest / Outside Activities” policy which required professors to advise FAU of their outside activities.  He filed a massive …

Read More
Conspiracy

Government Files Motion to Dismiss in Suit Over “Nix Film” of the JFK Assassination

The grand-daughter of a man who filmed the November 22, 1963 Kennedy assassination from the reverse perspective of the infamous Zapruder film is facing a motion to dismiss filed by the U.S. government in response to her lawsuit for replevin and “taking” of the so-called Nix film. We covered the …

Read More
Ethics

Can A Plaintiff Be Asked in Deposition Whether They Previously Consulted Other Lawyers?

Florida’s Third District Court of Appeal issued an opinion in Michelle Coffey-Garcia v. South Miami Hospital, Inc. regarding whether defendants, seeking to prove that the statute of limitation was blown, could ask the plaintiff “who, when and why” questions about consulting prior lawyers.  The appellate court quashed part of the writ …

Read More
E-discovery

Judge Meenu Sasser’s Standing Order on Electronically Stored Information Discovery

Circuit Court Judge Meenu Sasser of the 15th Judicial Circuit Court in and for Palm Beach County, Florida has issued a Standing Order on Electronically Stored Information Discovery which you can download it here. The Order is fairly straightforward but here are the essential elements if your case is in …

Read More
Uncategorized

Third DCA: First Impression Case on Revocation of Trust Under Florida Statutes 736.0602(3)

Florida’s Third District Court of Appeal issued Bernal, as Personal Representative of the Estate of Zintgraff v. Marin, holding that a will met the high standard for revocation of a prior trust under the “clear and convincing evidence” standard even though the will did not name the trust specifically and the trust …

Read More
Social Media

ISIS in Florida

Were you aware of a South Florida teenager who became a suicide bomber? Did you know a man from the Keys who shot a terrorist video? How about the Gainesville man who shot at police in the name of ISIS? Had you heard of the Florida woman who filed a lawsuit against …

Read More
Punitive Damages

Florida’s Second DCA Vacates Punitive Damages Award Which Equals 100% of Defendant’s Net Worth

In the consolidated cases of State Farm Mutual Automobile Insurance Company v Arthur L. Brewer and Barbara J. Brewer / William Edward Goellner v. Arthur L. Brewer and Barbara J. Brewer, the Second District Court of Appeal reversed an award of punitive damages equal to 100% of defendant’s net worth …

Read More
Evidence

First DCA Issues a Hybrid Opinion Re Daubert & Proposal for Settlement

Two of the more novel, confusing areas of Florida civil law were addressed this week by the First District in Andrew and Kenneth Maines v. Marcia Drasko Fox. This case arose from an auto accident where the plaintiff claimed that she suffered a neck injury.  The plaintiff won at trial. …

Read More
Proposals for Settlement

Trump International Hotel at the Center of 1 of 2 Recent Florida Opinions on Proposals for Settlement

On April 27, 2016, the Third and Fourth District Courts of Appeal issued separate opinions on the much beguiled Proposal for Settlement. In Vanguard Car Rental USA, LLC v. Suttles, the Third DCA was confronted with the situation where defendant “Vanguard, Inc.” served a Proposal for Settlement on the Plaintiff. …

Read More
Uncategorized

Florida Supreme Court Holds Workers Comp Attorney Fee Provision Unconstitutional

In one month, two Florida appellate courts have found separate provisions in the Florida Workers Compensation statute unconstitutional.  Most notably, the Florida Supreme Court held that the attorney fee provision is unconstitutional and that the courts are to revert back to the “reasonable” attorney fee standard according to the former …

Read More
1st Amendment

Former Conspiracy Theory Professor James Tracy Sues FAU

A former tenured professor at Florida Atlantic University (FAU) in Boca Raton, Florida sued the school, president, trustees, as well as his former union and union representatives for inter alia wrongful termination and breach of contract premised upon First Amendment claims and a dispute over signing an “Outside Activity” form. This …

Read More
Constitutional Law

Mildly Serious Analysis of Ted Cruz and the “Dildo Case”

You may have heard, in the last week, a story involving Ted Cruz, when he was solicitor general for Texas, defending an anti-“obscene devices” statute (more blithely referred to as the “anti-dildo” law). The case is Reliable Consultants, Inv. d/b/a Dreamer’s and Le Rouge Boutique / PHE, Inc. d/b/a Adam …

Read More