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 …

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 …

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 …

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 …

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 …

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. …

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. …

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 …

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 …

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 …

The Third District Court of Appeal ruled in L.L., a Juvenile v. The State of Florida that a police officer who possessed sufficient personal experience with marijuana could offer a lay opinion — not an expert opinion — identifying the substance as marijuana.  The court held that meeting the five elements …

The Florida Fourth District Court of Appeal ruled on April 6, 2016 that a location signal from a robbery victim’s stolen iPhone provided the requisite “reasonable suspicion” to permit the police to make an investigatory stop of the suspects.  The court ruled that the evidence was properly admitted and the …

The April 2016 Palm Beach Bar Bulletin includes the article, “Introduction to Podcasts for Lawyers in 2016” which you can find here: 2016_podcasts. This article explains how to use the Apple Podcast app on your iPhone/iPad — specifically how to download individual podcasts or subscribe to an entire “season” of episodes. …

I am pleased to discuss “Anatomy of an Internet Defamation Case” with Professor Jan Jacobowitz‘s Social Media & the Law class at the University of Miami Law School. In this presentation, we briefly discuss Elonis v. United States and we analyze the claims, defenses, and potential strategies of a pending …

Thanks to professor and attorney Larry Buck for inviting me to speak today about Data Breach & Cyber Security Law at Florida Atlantic University. We discussed:  Standing: how the Clapper case was filed too soon, they lost in the Supreme Court, and then three months later it was revealed, beyond their …