BY TIM CARPENTER Created March 16, 2009 at 1:48pm Updated March 16,
2009 at 10:15pm Bill sent back to committee after three-hour Senate
debate A bill repealing the death penalty in Kansas was shoved back
into a Senate committee Monday after a three-hour debate that left
proponents and opponents of capital punishment unsatisfied. The drama
pulled Kansans traumatized by a family murder into rival lobbying
campaigns for the first substantial legislative effort to drop the
death penalty since reimposition of Posted on Friday, January 22, 2010 at 11:58 pm

The Associated Press TOPEKA Legislators have scheduled hearings this
week to review the cost and effectiveness of Kansas' death penalty
law. The Senate Judiciary Committee begins its work Tuesday. A bill
was debated last year that would have prevented new death sentences
after July 1, 2009, but the bill was sent back to committee for more
work. Kansas enacted its death penalty law in 1994, but there have
been no executions since it took effect. Many legislators say there
appears to be little chance that the Posted on Friday, January 22, 2010 at 11:58 pm

The Supreme Court on Tuesday threw out a court ruling that invalidated
a former Black Panther's death sentence for killing a Philadelphia
police officer in 1981, one of two rulings it issued that reversed
actions by lower courts. The first move was the latest twist in Mumia
Abu-Jamal's racially tinged case that has drawn international
attention. The justices ordered the 3rd U.S. Circuit Court of Appeals
in Philadelphia to take another look at Abu-Jamal's claim that the
jury weighing his punishment was given Posted on Friday, January 22, 2010 at 11:58 pm

Great game; great weekend for Miami. Now what peeps? Who's in trial?
What's going on? Here are a couple of items: 1. Justice Thomas is
making the rounds. Here he is speaking at UF Law. Thomas gave a big
shout out to a Florida lawyer in his talk. He'll be here in April. 2.
Who should Obama nominate for the S.Ct. pick? Let the debate begin. 3.
What about the other judges though? 4. More on Alito vs. Obama here. Posted on Monday, February 8, 2010 at 4:09 pm

Unfortunately, the applicant list and interviews for the open
magistrate position were kept secret... That said, the committee acted
quickly and cut the list to 5. Now the judges get to pick the next
magistrate. I've heard from multiple sources about 4 of the 5
candidates: 1. Jackie Arango (AUSA) 2. Rick Del Toro (AUSA) 3.
Jonathan Goodman (Akerman Senterfitt) 4. Daryl Trawick (State Circuit
Judge; U.S. Attorney finalist) 5. UPDATE -- well, we got this one
wrong, so I am taking it down.... Sorry! I will Posted on Saturday, February 6, 2010 at 6:09 am

Monday morning + Rain = FREAKING HORRIBLE TRAFFIC As you all know, I'm
not a fan of judicial elections. Tony Mauro writes that the recent
Citizens United decision might kill judicial elections: For years now,
judicial reform groups have more or less resigned themselves to the
reality that the public likes to elect its state judges and will fight
any effort to appoint them instead. The U.S. Supreme Court's Jan. 21
decision in Citizens United v. FEC may have altered that sober truth
-- or at least has given Posted on Wednesday, February 3, 2010 at 5:56 pm

By David Wolf, Attorney Published by Child Injury Lawyer Network
Researchers / doctors at the Center for Injury Research and Prevention
at Children's Hospital of Philadelphia found that approximately 37
percent of parents suffered traumatic stress and high levels of
anxiety as a result of a child who suffered personal injuries. Parents
often times have difficulty coping with a serious personal injury to a
child. It can be difficult for parents to discuss their emotions or
cope when a helpless and innocent Posted on Sunday, February 7, 2010 at 11:17 am

By David Wolf, Attorney Published by Child Injury Lawyer Network Lab
testing of children jewelry detected high amounts (some levels
exceeding 90 % of the item's weight) of a dangerous and toxic metal
called Cadmium. Direct exposure to Cadmium can cause health problems
for children. There is not a great deal of scientific literature or
study of this toxic metal as the typical exposure to children and
others has been limited. Nevertheless, parents and medical
professionals should be aware of this study and Posted on Sunday, February 7, 2010 at 11:17 am

By David Wolf, Attorney Published by Child Injury Lawyer Network
Movies made for kids over the years have shown improvement in the use
of safety equipment like seat belts and helmets. However, a government
study showed that only 56 % of vehicle occupants show the use of a
seat belts while just 25 % show the use of a helmet while riding a
bicycle. Of course, a movie is not required to always show adults and
children using good judgment. After all, many adults and children in
the real world fail to use seat Posted on Sunday, February 7, 2010 at 11:17 am

Florida has great weather. Many municipalities, cities, and counties
have swimming pools in place for residents and visitors. Public
swimming pools are a common fixture in cities and towns across
Florida. A good questions was recently posted to me as follows: Are
Lifeguards required at Florida public swimming pools? Pursuant to Rule
64E-9.008 - Supervision and Safety, "all owners, managers, lifeguards,
or swimming instructors in charge of, or working at, public swimming
pools shall be responsible for the Posted on Tuesday, February 9, 2010 at 11:33 am

Valeria Maxon and her husband lived in Mansfield, Texas, with their
son, Alex. In 2006, Alex's doctor told the Maxons that the child was
developmentally disabled. The couple took the child to a Florida child
therapy center. It was at this time that Ms. Maxon started showing
signs of mental illness, saying that Alex was dying and it was her
fault because she was a bad mother. She was hospitalized for several
days in Florida until her husband released her to return to Texas.
After returning home, she became Posted on Sunday, February 7, 2010 at 2:00 am

An Alachua County man (Keith Edward Olmeda) was recently sentenced to
150 years in federal prison for sexually abusing his former
girlfriend's children and for videotaping these heinous acts. This
acts of Olmeda are very disturbing and make this case or sentence ripe
for the act of locking him up and throwing away the jail key. Olmeda
is a sexual predator who is an absolute danger to society and
children. Children should be protected, nurtured and educated by
parents and other adults. Making them the Posted on Sunday, February 7, 2010 at 2:00 am

Looks like the U.S. Supreme Court is going to do some weeding in the
garden of arbitration cases. Will they clarify issues to the point
that they put a lowly blog like us outta business? I doubt it. But
we've got an interesting Spring to look forward to. SCOTUS took up the
case of Rent-A-Center West, Inc. v. Jackson, on an expedited briefing
schedule (see SCOTUS docket here), which comes out of this September
9, 2009 Ninth Circuit opinion. Previously we mentioned the
Stolt-Nielsen v. AnimalFeeds case which Posted on Monday, February 8, 2010 at 12:11 pm

So says Judge Cohen in a special concurrence in George T. Andrews v.
Thomas J. and Sandra R. McPartland (5th DCA, Per Curiam). In an auto
accident where defendant-driver was sued as was the (purely vicarious)
auto owner, the plaintiff made the mistake of serving an
undifferentiated Proposal for Settlement on two defendants. Under
Florida Supreme Court precedent, it fails (although the special
concurrence suggested that it should not apply to cases involving
undisputed pure vicarious cases). As we've Posted on Saturday, February 6, 2010 at 2:06 am

A donut franchise dispute erupted into an arbitration, then trial de
novo, and then an appeal. The extensive dispute concluded... over the
interpretation of civil procedure rules and the nettlesome Chapter 44.
The case is Dunkin' Donuts Franchised Restaurants, LLC v. 330545
Donuts, Inc. (Gross, Taylor, and May). Of note, the Fourth DCA last
addressed Chapter 44 back in September 2009 in this case. Several
corporations and at least one individual sued as plaintiffs in a
franchise dispute and won, at Posted on Wednesday, February 3, 2010 at 12:16 pm

TampaBay.com is reporting that Anthony Giancola has been arrested for
violating his probation, prowling and loitering in St. Petersburg.
Giancola was on probation after he attempted to buy crack cocaine from
an undercover cop in his Hillsborough County middle school office
while a principal at Van Buren Middle School. He has been on probation
since June of 2007. The latest arrest for the former Tampa teacher
came at 3:00 a.m. Saturday morning when Giancola was discovered in a
parked car waiting for a man Posted on Friday, February 5, 2010 at 8:34 am

Charlotte County Sheriff's spent nearly two years investigating the
hit and run death of Alex Teehee. Now they believe that they have
their man. Ralph Loosman, Jr. was arrested in Las Vegas and will face
charges of vehicular homicide in the hit and run that took place July
13, 2008. According to the Sarasota Herald-Tribune Loosman was
arrested in a Las Vegas hotel by U.S. Marshals and is expected to be
extradited back to Florida to face the charges. Marshals had
originally went to Arizona to track down Posted on Friday, February 5, 2010 at 8:34 am

A July 9 car accident that left Richard Klose dead, ended in a DUI
arrest when the driver tested positive for cocaine. Nearly seven
months later the charges against David Lanier have been dropped. The
Orange-Osceola State Attorney's Office dropped the case saying there
was no evidence of impairment. Assistant State Attorney Robert Eagan
wrote "Cocaine in one's system does not constitute impairment".
According to a story in the Orlando Sentinel, St. Cloud police crash
investigators determined the fatal DUI Posted on Tuesday, February 2, 2010 at 2:40 pm

Taxpayers can avoid the Code §6662 penalty for substantial
underpayment of income tax by adequately disclosing amounts on the
income tax return. A recent Revenue Procedure provides details as to
when the inclusion of "amounts" on a return constitutes adequate
disclosure for this purpose. These rules will also apply for purposes
of avoiding preparer penalties. The following summarizes the
requirement of disclosure for "amounts" to meet the adequate
disclosure requirements: A. The money amounts entered on the Posted on Monday, February 8, 2010 at 3:41 pm

A number of readers have indicated they would like to be able to read
Rubin on Tax while waiting in lines, such as at the grocery store.
Okay, maybe not many. Maybe not any. Nonetheless, if you have an
iPhone and would like to be able to read your dose of Rubin on Tax
whenever and wherever you want, now you can do so. To get the app (its
free), on your iphone or in the App Store search for 'rubinontax' (no
spaces) and it should then be available for download and installation.
If you like it, don't be afraid Posted on Monday, February 8, 2010 at 3:41 pm

We all know the expression "blood is thicker than water." Presumably,
that is what a trust settlor had in mind when she made a class gift to
her grandchildren, and included language that such grandchildren would
only include "descendants by blood." The settlor's son married his
wife in 1966. Six months after the marriage, the son and his wife had
a child. The birth certificate listed the settlor's grandchild as the
son's child. The son and his wife divorced in 1971, and signed a
marital agreement that Posted on Saturday, February 6, 2010 at 5:41 am

A 27-year-old woman was critically injured after driving her Toyota
sedan into the rear of a semi truck on Interstate 75 early Monday
morning January 11. The Florida auto injury accident happened about 1
a.m. near Big Bend Road, according to the Florida Highway Patrol. The
injured woman is in Tampa General Hospital in critical condition,
while the truck driver of Palm Bay Florida was not injured. We send
her our prayers for a swift recovery. After the woman hit the truck
from behind, she spun into the grass Posted on Sunday, February 7, 2010 at 4:11 am

You go to the airport already a little tense about flying. Then comes
the humiliation of a full-body scan - which essentially shows airport
security personnel from the Transportation Security Administration or
TSA most of the details of your body under your clothing. They are
looking for any explosives or plastics so most people are willing to
undergo the humiliation for the greater good. TSA has insisted that
there is no way to store or send these images and that the personnel
will be secured out of sight Posted on Thursday, February 4, 2010 at 4:52 pm

Situated in Northeast Clay County, the city of Orange Park is a suburb
of Jacksonville, Florida. Orange Park has an estimated population of
over 180,000 and has a high population density. In attracting visitors
and new residents to its thriving community which is rich in history,
Orange Park is a bustling region of Florida. When taking Orange Park's
large population into consideration, birth injury has been known to
occur due to the negligence of medical professionals or as the result
of a different form of Posted on Thursday, February 4, 2010 at 4:52 pm

A qui tam law suit that accuses Boston Scientific Corp. (NYSE:BSX),
Johnson & Johnson (NYSE:JNJ) and its Cordis Corp. subsidiary and
Abbott (NYSE:ABT) of promoting the off-label use of biliary stents to
treat cardiovascular disease in hundreds of thousands of patients has
been unsealed. The Whistleblower, Kevin Colquitt, filed the qui tam
lawsuit under 31 U.S.C. 3729 (False Claims Act) and other State False
Claims Act Statutes for violations against Medicare, Medicaid, CHAMPUS
and TRICARE. The lawsuit Posted on Monday, February 1, 2010 at 6:12 am

The United States filed a qui tam or False Claims Act complaint
against Johnson & Johnson (J&J) and its subsidiary companies
Johnson & Johnson Health Care Systems Inc. and
Ortho-McNeil-Janssen Pharmaceuticals Inc. According to the complaint,
Omnicare Inc., the U.S.'s largest dispenser of pharmaceuticals to
patients in nursing homes, was receiving millions of dollars in
kickbacks from the companies. This complaint comes after Omnicare
entered into a $98 million settlement with the federal Posted on Monday, February 1, 2010 at 6:12 am

Upon returning from holiday recess, the 111th Congress of the United
States introduced bill H.R. 4444, better known as the Defund the
Crooks Act, in early January 2010. First introduced by Congressman
Alan Grayson (D-FL), the Defund the Crooks Act prohibits the Federal
Government from awarding Federal funds, contracts, or grants to
covered organizations. The Act also prohibits the Federal Government
from promoting certain organizations or from entering into other
agreements with these organizations. Based Posted on Monday, February 1, 2010 at 6:12 am

The Obama administration's first stab at crafting its own national
drug-control budget priorities adds new funding for addiction
treatment and prevention but does little to close the huge gap between
spending on drug supply- and demand-reduction efforts despite promises
of a "balanced" strategy. Posted on Monday, February 8, 2010 at 7:53 pm

View more news videos at: http://www.nbcsandiego.com/video. A San
Francisco man, accused of forcing a flight to divert because he was
high on medical marijuana, picked the wrong flight attendant to freak
out on. 51-year-old Lorin Gorman of Chula Vista is a fourth-degree
black belt in Tae Kwon Do. Those skills may have averted a serious
situation in the air. US-Air flight 1447 was on its way from
Philadelphia to San Francisco. Posted on Monday, February 8, 2010 at 7:53 pm

LOS ANGELES (AP) - Michael Jackson's doctor has been charged with
involuntary manslaughter in the pop singer's death. Prosecutors
announced the charge Monday against Dr. Conrad Murray, a Houston
cardiologist who was with Jackson when he died June 25. He faces up to
four years in prison if convicted. Murray's attorney Ed Chernoff says
Murray will plead not guilty. Jackson hired Murray to be his personal
physician as he prepared for a strenuous series of comeback
performances in London. Posted on Monday, February 8, 2010 at 7:53 pm

As pedestrian, Deborah McDonald, walked home from celebrating the
arrival of her first check, a car struck and killed the Ohio Lottery
winner. According to the Ohio Highway Patrol, the vehicle struck
McDonald in the evening, as she walked along a road after leaving the
bar. The 47-year-old Crystal Rock, Ohio resident had reportedly spent
some of the $5,520 check on wedding rings for herself and her husband
shortly after receiving the winnings. Items the couple had been
previously unable to afford. She had Posted on Thursday, February 4, 2010 at 10:32 am

Toyota Motor Sales U.S.A., Inc. (TMS), announced today, that the
company has developed a safe solution to the risk of sudden, unwanted
acceleration. The Japanese automaker indicated that its engineers
created and thoroughly tested the solution: a small steel pedal
reinforcement assembly designed to eliminate excess friction. Toyota
reports that it has commenced shipping the parts to dealers, and
expects the millions of affected vehicles to undergo repair as soon as
possible. According to Toyota, this Posted on Thursday, February 4, 2010 at 10:32 am

In a follow up of our blog post regarding the Hit and Run Driver
causing injuries to 6 people in West Palm Beach, we regret to inform
you that the baby ejected from the car has died. Allegedly, the hit
and run driver was not only speeding, but was also drunk when he
slammed his 2010 Honda into two other cars. Recent reports have
confirmed that the 3 month old baby in the minivan has died as a
result of injuries in the car accident. Concerned readers have
inquired about the car seat. According to reports, Posted on Thursday, February 4, 2010 at 10:32 am

A federal judge in Illinois has ruled that NCCI has no standing to sue
AIG for its alleged under-reporting of workers' compensation insurance
premiums. But, said the judge, he isn't ruling out the possibility of
a class action lawsuit against AIG by individual insurers. Here's a
condensed explanation of what happened: Most employers satisfy their
obligation to provide workers' compensation insurance coverage for
their employees through the purchase of insurance in the "voluntary
market" - that is, by Posted on Monday, August 24, 2009 at 4:40 am

Cases involving an "occupational disease" often present thorny issues
of compensability and insurance coverage. Fidelity and Guar. Ins. Co.
v. Polk County, Case No.2D08-3377, decided by the Second DCA on August
14, illustrates the point well. Zola Ann Ross worked as a registered
nurse for Polk County from 1981 to May 1994, and during that time she
was exposed to the Hepatitis C virus. But because of the long
gestation period of the virus, she was not diagnosed with hepatitis
until 1999 and did not become Posted on Friday, August 21, 2009 at 5:00 am

The National Council on Compensation Insurance has recommended a 6.8%
reduction in the average premium charged to Florida employers for
workers' compensation insurance. The reduction would become effective
on January 1, 2010. If approved by the Florida Office of Insurance
Regulation, the reduction would bring to 63.2% the total average
premium reduction enjoyed by Florida employers since the 2003 reforms
were enacted. BusinessInsurance.com has the story here. Posted on Thursday, August 20, 2009 at 12:25 pm

You have to read this book. That's all I really need to write here,
but it's impossible to stop typing about how David Dow's memoir is so
important for anyone connected with capital punishment to read -- and
why this is so. First, he provides a clear and unique perspective.
David Dow is not only a professor at the University of Houston Law
Center, he's also the head of litigation at the Texas Defender
Service. Professor Dow has been in the trenches of death penalty
defense for years, and knows of what he Posted on Thursday, February 4, 2010 at 2:15 pm

Before he was governor of the Great State of Kansas, Mark Parkinson
worked in the state senate as a legislator, helping to draft the
current law approving of capital punishment in that state. Kansas'
death penalty statute was passed into law back in 1994. However, it's
a new day and last Friday, another piece of legislation started making
its way through the Kansas legislature -- a law that would repeal the
death penalty, and replace it with a crime of capital murder with
aggravation, punishable by life Posted on Thursday, February 4, 2010 at 2:15 pm

All this morning, there have been almost minute by minute updates on
the web regarding whether or not the appellate attorneys feverishly
fighting to stop this morning's execution of Kenneth Biros by the
State of Ohio will be successful. Biros' attorneys are literally
banging on the doors of the United States Supreme Court, asking that
the highest court in the land act immediately to stay the execution of
Ken Biros -- who is set to die this morning (the execution is
scheduled for 11 am) unless something BIG Posted on Monday, February 1, 2010 at 4:46 pm

A 21-year veteran of the Melbourne, Florida Police Department is
facing five felony charges of official misconduct and four misdemeanor
charges for falsifying records according to a story on Florida Today
and FDLE reports. Officer Frank Carter is accused of writing
unwarranted traffic tickets due to video that was reviewed from his
in-car dashboard camera. Carter's attorney claims the traffic stops
were warranted due to drug dealing in some Melbourne neighborhoods.
Some of the traffic citations handed out Posted on Friday, January 29, 2010 at 4:21 pm

One of the best ways to land in jail on drunk driving charges is to
stumble out of your car after the police stop you and then puke during
the DUI investigation. Apparently that is what happened during a Pasco
County DUI stop this week. According to a story on TampaBay.com, a
36-year-old Zephyrhills man was weaving on I-275. After he was stopped
he claimed that he doesn't drink or do drugs. The Florida Highway
Patrol reports that following his proclamation the man threw-up on his
car. Reports state the Posted on Friday, January 29, 2010 at 4:21 pm

According to an Associated Press story, the Department of
Transportation has instituted a ban on truck and bus drivers from
texting and driving while operating a commercial vehicle. The ban is
effective immediately. The punishment for this traffic ticket could be
up to $2,750 in criminal and civil penalties according to a D.O.T.
statement. The ban on texting and driving applies to drivers of
interstate buses and trucks over 10,000 pounds. Both major industries
support the ban according to the story as both Posted on Tuesday, January 26, 2010 at 1:02 pm

The non-profit organization International Cruise Victims ("ICV")
posted a story on its website regarding Princess Cruises crew member
Angelo Faliva who "disappeared" from the Coral Princess cruise ship in
November 2009. The ICV represents victims of crime on cruise ships,
their families and friends, and individuals concerned about
disappearances on cruise ships and the cruise industry's lack of
transparency. With several hundred members throughout the world, the
organization advocates for legislative reform Posted on Monday, February 8, 2010 at 7:02 am

There are lots of interesting blogs out there, one of them being
Kenneth Cole's Awareness Blog, which contains an article "Cruise Boat
Docks in Haiti." It has the following political cartoon by Mikhaela
Reid at her Flickr page, which pretty much sums up my view of spending
several thousands of dollars to sail on a monstrosity like the Oasis
of the Seas into an impoverished place like Haiti. I have written a
number of articles about Royal Caribbean's Labadee® boondoggle. It
nauseates me to read the cruise Posted on Monday, February 8, 2010 at 7:02 am

I moved to New Orleans in 1980 to attend law school at Tulane. I lived
in an apartment 10 blocks from campus in the bottom of a two story
shotgun house on Freret Street in Uptown. A witch lived above me and
insisted that she hang bird feathers over the transom of my front
door. Yes, New Orleans was a weird place, full of restless souls. I
loved it. Every night there was lots of live music at Maple Street
Bar, Tipitina's, Snug Harbor and in the Quarter. Studying was
impossible, being a 21-year-old-student in Posted on Monday, February 8, 2010 at 7:02 am

The California Supreme Court has upheld California's law restricting
where registered sex offenders live, according to the L.A. Times. The
law mandated that a registered sex offender had to live at least 2000
feet away from schools, parks, or any other place where children
congregate. This law was challenged by sex offenders who claim there
is no place they can live inside a city with this law. Florida has a
similar living restriction for sex offenders. They are not allowed to
live within 1000 feet of Posted on Thursday, February 4, 2010 at 11:47 pm

Two JSO police officers have been arrested for lying. Sgt. Marc Garza
and Off. David Cervone were arrested on Tuesday for official
misconduct, a third degree felony, and falsely reporting the
commission of a crime, a first degree misdemeanor. They wanted to get
into what they believed was a drug house, but no one answered the
door. They attempted to use a technique called "Knock and Talk". This
is when JSO does not have a warrant, but knock on someone's door to
try to get consent to search the house. When Posted on Thursday, February 4, 2010 at 11:47 pm

As a Jacksonville gun crime lawyer, I see people charged with many
crimes involving weapons. Here are some gun crimes JSO can arrest you
for: 1. Carrying Concealed Firearm, a third degree felony. 2. Open
Carrying of a Firearm, a second degree misdemeanor. 3. Improper
Exhibition of a Firearm, a first degree misdemeanor. 4. Discharging a
Firearm in Public, a third degree felony. It will be upgraded to a
second degree felony if the gunshot is within 1,000 feet of a person.
5. Possession of a Short-Barreled Posted on Friday, January 29, 2010 at 10:49 pm

When I first started in private practice, I'd go anywhere to represent
someone. I'd drive hours to a courthouse, or meet a client at a
convenient place. I went to some interesting places.... Now, a few
years later, most meetings are in my office, most cases, close to
home. But then there was last Thursday. A frantic mom called from her
home a few hundred miles away - her son, a college student here, was
arrested on some serious drug charges. Coming to my office was going
to take some serious work, as he had Posted on Tuesday, February 9, 2010 at 5:47 am

Scott Greenfield reports this morning on the Innocence Project's
announcement of the 250th exoneration of an innocent person. This one
was convicted when I was 7, and left prison on parole when I was 12.
We as criminal defense lawyers read about exonerations and react. We
shake our heads, we get angry, we roll our eyes when our friends
express amazement that an innocent person was in jail, that a
prosecutor fought their release even after DNA cleared them, and we
wonder how many else there are. We also hear Posted on Saturday, February 6, 2010 at 7:59 pm

A couple weeks ago there was a tragic accident. A bicycle rider was
killed. The suspect, left the scene, and was later arrested. The
allegations, not formally filed yet, include driving on a suspended
license and DUI. Miami has a big bicyclist community, and they are
vocal. This accident was more than a story of car v. biker, it became
bikers v. government, bikers v. not enough safe places to ride, and
now, bikers v. criminal justice system. The suspect appeared before a
judge, and was released on bond. In Posted on Monday, February 1, 2010 at 9:18 am

The ATF has recently made a decision to review Trusts for legal
sufficiency. While this may slow things down for those using generic
trust for NFA purchases (Quicken, Legal Zoom, Gun Store Trusts) I
think its a good idea and will protect many from unknowingly violating
the NFA. We have seen several issues where the ATF is declaring trusts
to be invalid that are in fact valid under various state laws. They
claim they are not practicing law in those states and will not give
legal advise. They suggest that you Posted on Sunday, February 7, 2010 at 6:21 am

Today I received an email from someone who was forming a trust to
transfer assets from their father's estate. There were NFA items in
the father's estate. The person's estate planning lawyer had advised
them that it was OK to transfer NFA firearms to a trust using a
general assignment of personal property. A general assignment of
personal property is a standard form that transfers all personal
property not requiring a deed or special documentation to a trust and
is commonly used with a standard revocable Posted on Saturday, December 19, 2009 at 9:40 am

While ATF has previously stated that a certification of compliance is
not necessary for trusts, they have now changed their mind or at lease
in some cases. For this reason we are now recommending that you send
in the 5330.20 with your Form 4 or Form 1 application to purchase or
make a firearm restricted under the NFA. We will create a sample Form
5330.20 to review. Here is a link to download a Certification of
Compliance with 18 U.S.C. 922(g)(5)(B) ATF 5330.20 Posted on Wednesday, December 16, 2009 at 9:37 am

Noteworthy injury cases in South Florida For more information on
Broward County injury law, visit Broward Injury Attorneys In July of
2009 the 3rd District Court of Appeal (DCA) ruled on a Personal Injury
Protection (PIP) matter. The insured's medical provider filed suit
against the insurer seeking the PIP benefits after the insurer denied
payment of the provider's bills. The trial court granted a motion for
summary judgment for the medical provider. The Circuit Court appellate
division in Miami-Dade County Posted on Friday, February 5, 2010 at 9:29 am

Everyone appreciates the look of newly cleaned or sealed tile. The
shine simply makes a place of business so much more inviting. The
caveat is however, that many cleaning methods used by subcontractors
can result in unsafe flooring conditions. Slick tile and grout mixed
with only a few droplets of water can have devastating consequences to
the unsuspecting patron who is certainly going to file a claim for
damages if the injury is documented. As a result, more and more
restaurants and high end retailers are Posted on Friday, February 5, 2010 at 9:29 am

Fort Lauderdale Video Production Firm Hits The Mark When it Comes to
Day in The Life Videos The importance of "Day in the Life" videos in
personal injury cases can't be over emphasized. The emotional impact
can be multiplied many times over standard trial testimony if done
correctly. Attorneys know that this type of exhibit must be produced
with not only attention to the art of producing video but also to
evidentiary rules that can stand in the way of admissibility. Spending
a significant amount of money on Posted on Friday, December 18, 2009 at 4:30 pm

According to the U.S. Department of Labor's Bureau of Labor
Statistics, there are more than 31 million people currently unemployed
-- that's including those involuntarily working part-time and those
who want a job, but have given up on trying to... Posted on Thursday, February 4, 2010 at 9:03 pm

If you live in Jacksonville or anywhere in Florida and are facing a
Florida Foreclosure Lawsuit or facing the foreclosure on your home in
the future there are somethings you should know. In Florida a
foreclosure process my proceed in... Posted on Wednesday, January 20, 2010 at 3:52 pm

David Goldman of Apple Law Firm, Florida Estate Planning Lawyer Blog,
and NFA Gun Trust Lawyer Blog became a member of the Estate Planning
Professionals network (EPPN) of the NRA. The next EPPN event will be
held in conjunction with... Posted on Wednesday, January 20, 2010 at 3:52 pm

The Budget for the U.S. Government for fiscal year 2011 is available
here. Posted by Jon Lutz Posted on Wednesday, February 3, 2010 at 10:36 pm

According to the New York Times the iPad name may already be owned by
a company other than Apple. Here's an excerpt: Fujitsu, which applied
for an iPad trademark in 2003, is claiming first dibs, setting up a
fight with Apple over the name of the new tablet device that Apple
plans to sell starting in March. "It's our understanding that the name
is ours," Masahiro Yamane, director of Fujitsu's public relations
division, said Thursday. He said Fujitsu was aware of Apple's plans to
sell the iPad tablet and that Posted on Wednesday, February 3, 2010 at 10:36 pm

The ABAJournal Law News Now has an article on the new Westlaw, Lexis
and Bloomberg platforms. Here's an excerpt: LexisNexis also maintains
its new platform will go beyond mere legal research to integrate the
services of a variety of legal business and technology companies it
has acquired in recent years, allowing it to offer Web design, billing
systems, workflow analysis and more. Lexis is taking a broader
approach to its business, says Walsh. "We are marrying our information
and data with productivity Posted on Thursday, January 28, 2010 at 2:33 pm

On December 28, 2009 Florida Supreme Court Chief Justice Peggy Quince
signed an Administrative Order adopting the recommendations of the
court's Residential Mortgage Foreclosure Task Force requiring
mediation in residential mortgage foreclosure cases. The
Administrative Order is AOSC09-54. It is well worth reading! To email
me, click Perry S. Itkin. Posted on Tuesday, December 29, 2009 at 8:59 am

/* /*]]>*/ /* /*]]>*/ /* /*]]>*/ /* /*]]>*/ /* /*]]>*/
/* /*]]>*/ /* /*]]>*/ /* /*]]>*/ /* /*]]>*/ /* /*]]>*/
/* /*]]>*/ /* /*]]>*/ /* /*]]>*/ /* /*]]>*/ /* /*]]>*/
/* /*]]>*/ /* /*]]>*/ I've been waiting until this moment to
provide you with the Final Report of the Florida Supreme Court's
Residential Mortgage Foreclosure Task Force [to which I had the honor
and privilege of having been appointed by Chief Justice Peggy A.
Quince]. The Chief Justice Posted on Monday, August 17, 2009 at 11:57 am

A new addition to my website Mediation Training Center is the menu
link Ethics Opinions. I've included a brief overview of the Mediator
Ethics Advisory Committee [MEAC] and added all of the MEAC Opinions
from 2004 through 2008, PLUS I've have included the first two 2009
MEAC Opinions which have just been issued [you're among the very first
to know]. Please take a look at Ethics Opinions! I plan to add
additional MEAC Opinions for years prior to 2004 and will post here to
let you know when I've accomplished Posted on Thursday, May 14, 2009 at 6:13 pm

As a Miami cyber crime criminal defense attorney, I was paying
attention in 2003 when Pete Townshend, guitarist for legendary rock
band The Who and a British citizen, was detained in that country for
looking at child pornography. Townshend told British police that he
had paid for access to a child pornography site to research his own
autobiography and a campaign against child pornography. He was never
charged with a crime, but British law enforcement put him on their sex
offender registry for five years. Posted on Tuesday, February 2, 2010 at 12:26 am

Because I am a Miami sex offender registration defense attorney, I
have kept an eye on the local scandal involving sex offenders who live
under the Julia Tuttle Causeway Bridge. The colony made the news a few
years ago when it came out that sex offenders faced residency
restrictions so severe that they actually couldn't find anyplace else
in the county where they could legally live. In fact, an investigation
by New Times Miami found that the Florida Department of Corrections
was ordering recently released Posted on Tuesday, January 26, 2010 at 3:54 pm

As a Miami cybercrime criminal defense lawyer, I frequently defend
people who are charge with possession of child pornography. In most
cases, the evidence against my clients comes from images law
enforcement found stored in special folders on their computers, or
sometimes on other electronic devices or in their homes. However,
every now and then, a defendant comes along who is accused of
possessing images stored only in a "temp" or "cache" folder, where
recently viewed files are stored until they are purged Posted on Wednesday, January 20, 2010 at 9:07 pm

A pharmacy prescription misfill occurs when the pharmacist fills a
prescription with the wrong medicine. Sometimes the misfill can cause
personal injury or death. When this occurs, the victim and or the
victim's family should consult a personal injury attorney to decide
whether it makes sense to file a personal injury lawsuit. Recently, A
Pharmacy misfill attorney brought suit on behalf of Reva Tosh and her
husband, Gerald Tosh, against Rite Aid pharmacy in Montgomery,
Alabama. According an article Posted on Tuesday, February 2, 2010 at 10:08 am

A wrongful death lawsuit allows a family to hold a wrongdoer
financially accountable for causing a loved ones death. Florida
wrongful death lawsuits are controlled by The Florida Wrongful Death
Act. Under the Florida statute, when a person dies as a result of
someone else's negligence, the pain and suffering of the person
involved in the fatal accident is not recoverable. Instead, the
Wrongful Death Statute creates a claim on behalf of the Estate of the
person that died and the person's survivors. The Posted on Thursday, January 21, 2010 at 1:47 am

$27 billion of the federal economic stimulus package has been set
aside for Highway construction. Large states like Florida will get
their fare share. There is no doubt the money will fund a much needed
increase in new roads as well as repairs to old ones. Unfortunately,
The Federal Highway Administration has predicted the increase in
Highway construction will also cause an increase in work zone related
driver personal injuries and death. According to an article written by
Mike McIntire and published in the Posted on Friday, December 25, 2009 at 7:17 am

A food service employee at Walt Disney World has been arrested and
charged with 200 counts of possessing child pornography. According to
a spokesperson for the Sheriff's Office, during an investigation more
than 5,000 images of young children without clothing on were found on
the suspect's computer. The 32 year old man is being held in the
county jail with bond set at $10,000 for each felony count.
Possessing, producing or trafficking in images of actual children
undressed or engaged in sexual activity is a Posted on Thursday, January 7, 2010 at 4:34 am

A Lee County man is now in custody after allegedly prostituting his
underage wife to area brothels. Detectives looked into the case after
the underage victim gave birth to her second child at Health Park
Hospital in Ft. Myers. The victim told deputies that she had been
smuggled into the United States from Mexico to work in a Homestead
nursery. The three managers at the nursery that helped bring her into
the country forced her to engage in sex in return. The victim's
husband and defendant in the case, Posted on Monday, December 21, 2009 at 9:43 pm

Two Cape Coral suspects, 20-year old Nicholas Stone and 19-year old
Jami Wheeler, have been taken into custody on felony drug charges.
Stone faces four counts of selling cocaine, including selling cocaine
within 1000 feet of a church and another for selling within 1000 feet
of a school. Both suspects face felony charges of trafficking cocaine,
possession of Roxicodone and possession of Xanax. The arrests came
after a month long undercover sting operation. Stone allegedly sold
drugs to undercover officers on Posted on Monday, December 21, 2009 at 9:43 pm

Dennis Hopper is reportedly dying of prostate cancer. But friends say
that he is holding onto life until he can do just one more thing -
divorce his wife. The star of Easy Rider and other Hollywood hits once
lavished his wife, Victoria Duffy, with expensive gifts, including a
ranch, artwork, and expensive clothing. But Hopper apparently feels
that his wife is trying to get more from his estate than she is
entitled to under the couple's prenuptial agreement. A friend of
Hopper reports that the star is angry Posted on Sunday, February 7, 2010 at 5:13 pm

A new research study from Pennsylvania's Wharton School undertaken on
behalf of the research group Council on Contemporary Families came out
recently. The report indicates that those with a college education are
more likely to be married, and to be happy in their marriages.
According to the report, college educated women in particular were
more likely to be married at the age of forty than their less educated
counterparts, and were more likely to report that they were happy in
their relationships. Back in Posted on Sunday, February 7, 2010 at 5:13 pm

Drew Peterson is about to stand trial for the murder of his third
wife, Kathleen Savio. A hearing to determine whether hearsay evidence
will be allowed at trial included testimony from a few associates of
Drew Peterson's fourth wife, Stacy. Drew Peterson is a suspect in
Stacy Peterson's disappearance, but has not been charged with a crime
in relation to it. At the hearing, a neighbor of Drew and Stacy
Peterson, Sharon Bychowski, reported that Ms. Peterson had told her
that she feared for her life after Posted on Friday, February 5, 2010 at 6:34 am

Although Florida currently doesn't have any laws making it illegal for
drivers in the state to text message or talk on any kind of cell phone
will operating their motor vehicles, the federal government is now
barring commercial bus drivers and truckers from texting while
driving. This new law should hopefully prevent some deadly Florida
truck collisions from happening-considering that research from the
Virginia Tech Transportation Institute reports that truckers who text
have a 23 times greater chance of Posted on Thursday, February 4, 2010 at 9:06 pm

Friends and relatives of 14-year-old Cara Catlin are mourning her
death. The Oakland Park girl died on Saturday night when she was
thrown from a Honda Civic and landed under a stopped pickup truck
during a collision with a Broward County Sheriff's Office Patrol Car
in Boynton Beach. 21-year-old Heather Meyer, who is Catlin's
stepsister, was driving the Honda. She and passenger Gabriel Alegria,
15, were also injured during the Palm Beach County car accident.
Broward County police officer Frank McCurrie Posted on Friday, January 29, 2010 at 6:48 pm

According to Transportation for America, the four most dangerous US
cities for pedestrians are located in Florida: • Orlando • Tampa
• Miami • Jacksonville Ft. Lauderdale did not rank far behind
these four cities. In South Florida over the last two years, there
were at least 329 pedestrian fatalities-that's 22.5% of all traffic
deaths in the Miami-Fort Lauderdale region. 16.9% of all Florida
traffic fatalities between 2007-2008 were pedestrian deaths. 490
Florida pedestrian deaths occurred in 2008. These Posted on Thursday, December 24, 2009 at 9:49 pm

Fire trucks are designed to get equipment and fire fighters safely to
a blaze so that fire fighters can help put out a fire and deal with
other life-saving situations. Unfortunately, many experts say that
fire truck accidents are on the rise, and this problem is causing many
types of injuries and problems. Fire truck accidents injure passengers
of other cars as well as pedestrians. They tap resources which need to
be spent on emergencies. Worse, a fire truck that has been in an
accident is slowed down, so Posted on Wednesday, February 3, 2010 at 7:42 am

According to the Federal Motor Carrier Safety Administration, 5000
people die because of large truck collisions each year. These types of
large truck accidents occur about half a million times each year on
our roads and in addition to the lives they claim, they also cause a
slew of personal injuries. Large truck accidents tend to make the news
because of the amount of devastation they cause, but not all large
truck accidents are the same. In fact, there are many types of large
truck accidents, each causing Posted on Wednesday, February 3, 2010 at 7:42 am

Truck rollovers are a common cause of trucking accidents and due to
the size and weight of trucks these accidents tend to cause a lot of
damage and injury. Rollovers involving large trucks can cause damage,
fatalities, and personal injuries. What is especially devastating
about these types of accidents is that most of them can be prevented.
Most engineers and experts agree that the major problem with rollovers
is that they happen very quickly - usually before a truck driver has a
chance to react. Many Posted on Wednesday, February 3, 2010 at 7:42 am

En esta época del año, muchos de nosotros estamos tan ocupados, que
tendemos a pasar por alto las lesiones, los accidentes menores, y
otros problemas de salud. Desafortunadamente, los pequeños problemas
pueden agravarse rápidamente. Si usted sufre una caída, resbalón, o
si se ve envuelto en un choque de auto, o se lesiona de otro cualquier
modo, tómese el tiempo necesario para evaluar cuidadosamente su
condición. Si es necesario, consulte con un médico para asegurarse
de que su lesión no le cause problemas Posted on Friday, February 5, 2010 at 6:28 pm

Aun cuando los accidentes de autobuses escolares no son tan comunes
como los accidentes de automóviles, éstos causan muchas lesiones
personales cada año. Durante el periodo escolar del 2008-2009, se
registraron 158 accidentes de autobuses escolares en la Florida. Lo
más alarmante es que en cada uno de estos accidentes el conductor del
autobús escolar fue el causante del accidente. En 28 de estos
accidentes, al menos una persona sufrió una lesión personal. A los
conductores se les advierte repetidamente que Posted on Wednesday, February 3, 2010 at 3:07 am

Ahora que los días son más cortos y fríos, la mayoría de las
personas están cerrando sus albercas. Debido a que algunas personas
estarán visitando su casa durante las próximas vacaciones, y debido
a que probablemente tendrá menos tiempo para vigilar de cerca el
área de su alberca, es ahora - que su alberca no está en uso-, que
usted debe de asegurarse que se encuentre en buenas condiciones para
prevenir posibles problemas de responsabilidad de la propiedad. A
continuación se presentan algunos factores a Posted on Sunday, January 31, 2010 at 12:49 am

Sitting here at the Association of Professional Responsibility Lawyers
confererence in Orlando, and wanted to summarize my thoughts on
current issues both in Florida and around the country. [1] The
internet is moving too fast for state bar associations. [2] The
Florida ethics opinion on judges friending lawyers on Facebook is the
laughing stock of the country. [3] Lawyers believe that rule 8.4
should cover all conduct on the internet. [4] Lawyers considering
multi-jurisdictional practice are hindered by Posted on Sunday, February 7, 2010 at 11:13 am

It's amazing to me that there is even a debate as to whether
"ghostblogging," the art and science of paying for blog content
written by someone else and pretending as if it's your own, is
ethical. It's not. End of debate. But not these days. With the flood
of lawyers searching on Google for "how to make money as a lawyer,"
and the recent "how to make a lot of money as a lawyer," the notion of
"faking it" on your blog, is acceptable to many. Eh, who will find out
anyway? The argument that lawyers want to Posted on Friday, February 5, 2010 at 12:22 am

I had an interesting series of hearings last week. I left with some
observations as usual, but also a question. My question is "what is
the purpose of this process?" I always thought the process was meant
to determine whether the applicant has the character and fitness to be
a Member of the Florida Bar. I left this weekend thinking the process
is meant to determine whether the applicant can back out of the corner
they've been backed into at their hearing. I'm not going to get into
the details here, it's not Posted on Tuesday, February 2, 2010 at 4:33 am

I hear this question frequently in my practice, "We were never
married, we have a child together, and I want to move back to
_________ to be closer to my family. Can I go?" The answer is "No,
without a Court Order allowing you to move, you run the risk of being
brought back to Florida by court-order if you don't follow the Statute
correctly." Regardless if you are married or not, if the other parent
is entitled to parenting-time with the child, the parent wishing to
relocate must follow Florida Statute Posted on Monday, February 1, 2010 at 5:45 pm

I have blogged here recently on a shift of the court to a more equal
time-sharing structure between the divorcing parents. I wanted to tie
this in with a blog post on parents behavior during the divorce
process. It cannot be stated strongly enough that the divorce process
is very hard emotionally for children. Divorce is exceptionally hard
and parents can make it worse by their behavior in front of the
children. I often implore and remind divorcing parents not to
disparage the other parent in front of the Posted on Monday, February 1, 2010 at 5:45 pm

If you find out your girlfriend is pregnant, one of the first things
you should do is register with the Florida Putative Father Registry.
Without your permission, your girlfriend could place the baby up for
adoption and later contend that you abandoned her and the baby while
she was pregnant. Florida Statute 63 requires that you substantially
comply with all of the sub-section in order not to waive your right to
consent. Here is what you should do: 1. Register with the Florida
Putative Father Registry 2. Posted on Tuesday, January 26, 2010 at 8:21 am

It's one of the biggest events in Jacksonville when the Gators and
Bulldogs square off at Jacksonville Municipal Stadium. This annual
tradition always features thousands of rowdy fans out to have a good
time. This year, the Jacksonville Landing is placing several limits on
alcohol to avoid some of the altercations that frequently crop up.
Kickoff happens to fall on Halloween at 3:30PM and about 100,000
people are expected to come through the Landing in the days before and
the day of the game! The Landing is Posted on Wednesday, January 6, 2010 at 11:15 pm

Since 2007, Philadelphia Wine School has held a culinary and wine
competition which it has dubbed Sommelier Smackdown. World Wrestling
Entertainment has its own long-running TV show called SmackDown and
caught wind of the other use when Philadelphia Wine School applied for
a trademark for its name. WWE is actively trying to put Philadelphia
Wine School's use to an end but Philadelphia Wine School doesn't plan
on caving and is prepared to fight the opposition. Philadelphia Wine
School seems to be banking on Posted on Wednesday, January 6, 2010 at 11:15 pm

Newly appointed Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark Office David
Kappos has wasted no time in getting down to business in his new post.
Mr. Kappos has moved to cancel a hotly contested regulations package
under consideration. The so-called Continuation Rule, Request for
Continuing Examination Rule, and Claims Rule were all supported by the
previous USPTO administration. These provisions placed caps on the
number of continuing Posted on Wednesday, January 6, 2010 at 11:15 pm

Ft. Lauderdale Patent Attorney John Rizvi was selected to join the
inaugural class of Florida Board Certified Patent Attorneys approved
by the Florida Bar. The Florida Bar is the first state bar in the
country to certify attorneys for their expertise in intellectual
property law. Board certification evaluates attorneys' special
knowledge, skills and proficiency in various areas of law and
professionalism and ethics in practice. John Rizvi was approved as a
Fort Lauderdale Patent Attorney for his expertise Posted on Friday, June 19, 2009 at 5:56 pm

Ft. Lauderdale Patent Attorney John Rizvi was selected to join the
inaugural class of Florida Board Certified Patent Attorneys approved
by the Florida Bar. The Florida Bar is the first state bar in the
country to certify attorneys for their expertise in intellectual
property law. Board certification evaluates attorneys' special
knowledge, skills and proficiency in various areas of law and
professionalism and ethics in practice. John Rizvi was approved as a
Fort Lauderdale Patent Attorney for his expertise Posted on Tuesday, November 17, 2009 at 10:00 pm

Posted on Tuesday, October 20, 2009 at 6:24 am

The federal government's Center for Disease Control confirmed on
Monday what many have believed and feared for months - the incidence
of cancer among children living in the Acreage is substantially higher
than would reasonably be expected based on national statistics- three
times higher. The bad news is that the federal government has
confirmed the existence of a "cancer cluster". The good news is that
the federal government has confirmed the existence of a "cancer
cluster". The news is bad because behind Posted on Wednesday, February 3, 2010 at 7:20 am

Pain pump manufacturers did it wrong. If we are practical, the
conclusion is inescapable… pain pump manufacturers have been sued in
hundreds of cases because they deserved it. They gambled…they were
caught… and they should pay patients who have suffered devastating
injuries. Opinion? I suppose, but let's look at the facts and you
decide. The manufacturers would tell you they are the victims of trial
lawyers and that no scientific data exists that will reliably relate
use of their pain pumps to a condition Posted on Wednesday, February 3, 2010 at 7:20 am

A jury in Oregon state court delivered a verdict of $5.5 million
against I-Flow Corporation for causing devastating, permanent injuries
to Matthew Beale by promoting the use of I-Flow pain pumps in joints.
The pain pumps, like those used on Mr. Beale, were promoted by
manufacturers including Breg, Stryker, McKinley and I-Flow to
physicians for use after joint surgeries. The theory was insertion of
a delivery system that would place pain medicine at the area of
surgery would allow for greater pain relief for Posted on Wednesday, January 27, 2010 at 10:55 pm

A public school was forced on modified lockdown, after a death threat
was made towards one of the students, by the student's father. The
suspect had been served with a domestic violence injunction that
morning by the county sheriff's office. The injunction resulted in a
physical confrontation with the student's mother as the suspect was
waiting for the mother to show up for work. He then tried to force her
into his vehicle by threat of gun. The woman struggled and managed to
escape. The suspect fled the Posted on Thursday, January 7, 2010 at 4:43 am

Another individual has been arrested in connection to brawl that
occurred in at a Rocky Point wedding reception Sunday. The incident
occurred after a wedding guest through dollar bills at dancing
children. Another guest felt this individual acted inappropriately and
words were exchanged. A full fight broke out involving 30-40 people.
The 74-year old grandmother of the groom, Mary Wright, tried to
intervene and stop the brawl. The defendant, 26-year old Sandra Felita
Dean, allegedly attempted to choke the Posted on Monday, December 21, 2009 at 9:49 pm

A Hillsborough County man has been charged with kidnapping his own
infant son. The defendant, 22-year old Jason Foster, allegedly took
his son from his Tampa home and then texted the child mother's
threatening that she would never see her child again. Foster has no
custody rights to the six month old infant and does not reside with
the child's mother. Officers got into touch with Foster via telephone
and explained the harsh criminal implications developing from his
actions. The suspect responded by laughing Posted on Monday, December 21, 2009 at 9:49 pm

As Jacksonville nursing home attorneys and medical malpractice
attorneys, from time to time, we review cases on behalf of clients who
signed an arbitration agreement prior to being admitted to a hospital,
nursing home or assisted living facility. Such agreements purport to
require that any claim, dispute or lawsuit for medical malpractice, or
nursing home abuse or negligence, be submitted to an arbitrator
instead of a jury. In our opinion, in the event that negligence is
proven, arbitrators are likely to Posted on Friday, February 5, 2010 at 8:36 am

Medicare rates nursing homes throughout the country on a scale of one
to five stars, with one being the lowest. Four nursing homes in
Jacksonville received the lowest rating. They are: Glenwood Nursing
Center in Arlington; West Jacksonville Health and Rehab Center on the
Westside; Palm Garden of Jacksonville in Spring Park; and San Jose
Health and Rehab Center in Mandarin. All of these facilities are
located in Duval County, Florida. Nursing home abuse and neglect are
concerns for all nursing home residents Posted on Tuesday, February 2, 2010 at 2:43 pm

A transportation company purchased insurance for its tractor trailer
from a large international insurance company. However, before the
insurer provided the company a copy of the insurance policy, the
eighteen wheeler was stolen. The insurer then denied the claim because
the policy required that the truck be stored in a secured facility
when not in use; however, the company that owned the truck was not
given the policy prior to the theft and had no knowledge of such a
requirement. The trial court ruled that Posted on Thursday, January 21, 2010 at 5:34 am

Miami - A shooting in the parking lot of a Miami apartment complex
left three people wounded and a teenage girl dead Sunday evening.
Police originally referred to this tragic incident as a "drive-by
shooting," however, sources close to the investigation revealed that
the assailants exited their car and began shooting. The fifteen year
old girl is believed to have been an innocent by-stander. Miami-Dade
Police Department's homicide investigators were initially told that
four men riding in a gray Nissan Posted on Tuesday, January 26, 2010 at 10:58 pm

Miami Negligent or inadequate security may have been to blame for the
fatal shooting of a Miami woman today in the parking lot of Peoples
Storage. An unidentified woman was shot to death earlier today during
an apparent robbery attempt in Miami according to police. The shooting
occurred in the parking lot of the People's Storage located at 200 NW
79th St. at about 11:30 a.m. when two men approached her. Kenia Reyes,
a Miami police spokeswoman said ``It appears it was an intent to rob
her and she was shot.'' Posted on Wednesday, January 6, 2010 at 8:03 pm

The Miami based law firm of Hannon & Boyers has been retained by
two Danish businessmen who were guests at the Epic Hotel, located at
270 Biscayne Boulevard Way, Miami, Florida 33131. Shortly after
staying at the Epic Hotel they began to exhibit signs and symptoms
consistent with Legionnaires' Disease. Our clients are currently
undergoing medical treatment and evaluation to obtain a definitive
diagnosis. The Miami-Dade County Health Department has reported at
least three other cases involving guests at Posted on Monday, December 21, 2009 at 10:50 am

U.S. v. Livesay, 587 F.3d 1274 (11th Cir. 2009) Giving new meaning to
the phrase "some guys have all the luck," this case involves a
defendant who, in 2004, pled guilty to conspiracy to commit wire
fraud, securities fraud, and falsifying books and records; falsely
certifying financial information filed with the SEC; and a forfeiture
count. At sentencing, the district court considered the PSI, which
recommended a sentence from 78 to 97 months, 2 to 3 years of
supervised release and a fine range of $12,500 to Posted on Friday, February 5, 2010 at 6:20 pm

U.S. v. Quintana, 585 F.3d 1407 (11th Cir. 2009) This defendant
entered a conditional guilty plea and was convicted of illegally
entering the U.S. after being previously removed following illegal
entry. On appeal, the defendant argued that his right to equal
protection was violated because he was only approached by police
because they believed him to be of Middle Eastern descent or Muslim.
The district court denied defendant's motion to dismiss the indictment
finding that the defendant's ethnicity or Posted on Saturday, January 30, 2010 at 9:40 pm

U.S. v. Tate, 586 F.3d 936 (11th Cir. 2009) Convicted of four counts
of armed bank robbery, three counts of using a firearm during a crime
of violence, and one count of bank robbery, the defendant was
sentenced to a total of 946 months to be served consecutively. Among
other issues on appeal, the defendant maintained that the district
court erred when it sentenced him to consecutive terms of imprisonment
because the "except" clause in 18 U.S.C Section 924 (c) only requires
a total sentence of 25 years on Posted on Saturday, January 30, 2010 at 9:40 pm

Criminal Lawyers in Jacksonville should tune into E! Television
Network to watch "E! Original Countdowns: Too Young to Kill: 15
Shocking Crimes" which premiers tonight at 9:00 P.M. and will run
through out the week. As indicated by the title, the show will cover
fifteen juvenile criminal cases from across the nation. The murder of
Maddie Clifton should be of particular interest to Criminal Lawyers in
Jacksonville since it was one of the most highly publicized murders in
Jacksonville's history. Joshua Posted on Friday, February 5, 2010 at 7:14 am

As a Jacksonville Criminal Attorney, I am familiar with the Duval
County judicial system. I have practiced in front of most of the
Jacksonville county (misdemeanor) and circuit (felony and juvenile)
court judges. As a Jacksonville resident and registered voter, I am
familiar with the election of Duval County judges. In Jacksonville,
the public elects its judges. I assumed that other states elected
their state judges as well. However, this assumption was incorrect.
Today, I was taking a criminal certified Posted on Saturday, January 23, 2010 at 10:27 pm

Jacksonville Criminal Defense Attorneys dedicate their careers to
helping criminal defendants acheive favorable outcomes in criminal
cases. However, we cannot win every case. In some cases, a
Jacksonville Criminal Defendant will be sentenced to serve time in
jail or prison. Not only is this disappointing to the Jacksonville
Criminal Defense Attorney that fought to keep the client out of jail,
but it devastates the client's family. Imagine that a husband and
father of four is sentenced to 13 months in Posted on Saturday, January 23, 2010 at 10:27 pm

As Fort Lauderdale criminal defense attorneys, we were interested to
see that a law with major implications for South Florida government is
going all the way to the U.S. Supreme Court. According to a Jan. 31
article in the South Florida Sun-Sentinel, the court is expected to
rule in the next few months on the legality of a federal law that has
sent several politicians to prison in Broward and Palm Beach Counties.
The "honest services fraud" law is a 28-word add-on to the federal law
prohibiting wire and Posted on Wednesday, February 3, 2010 at 1:49 am

Our Miami-Dade tax evasion criminal defense lawyers were very
interested in the IRS investigation of Swiss bank UBS and its clients
who are American taxpayers. That case is nearly settled, although a
recent Swiss ruling may stymie matters. However, clients of at least
one other bank got an unpleasant surprise recently when the New York
Times ran a piece about a whistleblower at another Swiss bank, the
privacy-focused Julius Baer. The newspaper reported Jan. 19 that
Rudolf M. Elmer, a former Julius Baer Posted on Wednesday, January 27, 2010 at 4:41 pm

A recent article about a drug arrest caught the attention of our Fort
Lauderdale drug crimes defense attorneys. The South Florida
Sun-Sentinel reported Jan. 8 that the Port Everglades terminal was
evacuated and a cruise ship passenger arrested after a customs agent
found a "suspicious" liquid on the passenger. After sniffing the
liquid, the agent reported feeling lightheaded and having an elevated
heart rate. He was seen and released from the hospital, and laboratory
tests of the liquid have suggested that Posted on Thursday, January 21, 2010 at 9:43 pm

Orlando home improvement stores, including Home Depot and Lowe's, are
wonderful places to shop. Home owners and do-it-yourselfers find a
wealth of good ideas and opportunities to improve their home and yard.
Unfortunately, as Orlando injury lawyers, we have seen increasing
numbers of avoidable injury claims involving Lowe's and Home Depot.
Many times these injury claims involve trip and fall hazards. For
example, when shoppers are walking down aisles inside and out in the
garden area, they have a right to a Posted on Tuesday, October 20, 2009 at 5:56 am

Orlando hotels and resorts offer wonderful accommodations and
amenities. Unfortunately, as Orlando injury lawyers, we have seen
preventable injury occurring at Orlando hotels and resorts. Many times
these injury claims involve trip and fall or slip and fall hazards.
For example, when hotel guests are walking along sidewalks or
walkways, they have a right to a level, even and non-slippery surface.
Yet, we have Orlando hotels and resorts with floor surfaces, sidewalks
and parking lots that are broken, uneven Posted on Monday, October 5, 2009 at 5:17 am

If you have suffered an injury or accident in Orlando you need a real
lawyer. You do NOT need a slick lawyer making empty promises. You do
not deserve to be treated like a "number." As Orlando injury lawyers,
countless individuals have contacted us and complained about lawyers
who would never return their calls, lawyers who would not try their
accident case and lawyers who wanted to settle their injury case for a
fraction of what it was worth. Sadly, these people trusted lawyer ads
and failed to properly Posted on Friday, September 11, 2009 at 6:35 am

Supreme Court Strikes Down Caps on Med-Mal Awards Supreme Court denies
review of a Fourth Circuit Court of Appeal Decision, Wahi v.
Charleston Area Medical Center. Denial of certiorari review of Wahi
leaves standing a Fourth Circuit decision recognizing the strength of
the Health Care Quality Improvement Act of 1986 (HCQIA) immunity and
peer review immunity under HCQIA and provides helpful guidance to
hospital and medical staff. Fourth Circuit's decision is one of the
most important post-Poliner peer review Posted on Friday, February 5, 2010 at 5:27 pm

Contracts -- Contingency fee agreement with attorney who represented
plaintiffs in personal injury action -- Where agreement provided that
attorney would be paid "33 1/3% of any recovery . . . through the time
of the filing of an answer," and no answer was filed, attorney was
entitled to 33 1/3 percent of amount recovered in settlement with
personal injury defendant -- Attorney breached terms of agreement by
retaining 40 percent of settlement recovery Reported at 35 Fla. L.
Weekly D169a Guardianship -- Posted on Thursday, January 21, 2010 at 2:40 pm

"Unbundled legal services are one way to close a justice gap that is
growing as more people find themselves unable to afford a lawyer,
according to the chief justices of the California and New Hampshire
supreme courts. Writing in the New York Times, Chief Justices John
Broderick Jr. of New Hampshire and Ronald George of California note
that 41 states have adopted an ABA model rule that allows lawyers to
take on only part of a case. The practice is known as "limited-scope
representation" or unbundled legal Posted on Saturday, January 9, 2010 at 3:15 pm

The Year Without an Estate Tax continues. As I have previously
written, due to Congress's extreme irresponsibility and inability to
get anything done at all, the Estate and Generation Skipping taxes are
repealed in 2010, but for one year and one year only. Last December,
in a post entitled, The Real Danger of the Expiring Estate Tax:
Existing Documents, I discussed that the biggest concern among estate
planners is that none of the documents that we've been drafting for
clients make any sense. They don't Posted on Monday, February 8, 2010 at 1:11 am

President Obama released his 2011 proposed budget yesterday. In it,
the estate tax will be returned to the 2009 levels of a $3.5 million
exemption and a 45% rate. Of course, a budget proposal is just that.
Stay tuned Posted on Friday, February 5, 2010 at 2:48 pm

On February 3, 2010, the Tax Court released it's decision in Estate of
Shurtz v. Commissioner, This case is interesting for a number of
reasons. First, even though it involves a family limited partnership,
the case is not about the estate taking substantial discounts. In
fact, the word "discount" is not even mentioned in the decision. Here,
the IRS tried to argue that under section 2036, the full value of all
the underlying assets contributed by the Decedent to the partnership
should be included in the Posted on Friday, February 5, 2010 at 2:48 pm

A six (6) year old boy and his grandmother were struck by a car while
the child was being walked to school. Both the boy and his grandmother
were seriously injured as a result of the car accident and taken to
the hospital for treatment. According to witnesses the vehicle that
struck the pair was moving at a low rate of speed at the time of
impact and that the grandmother was not paying attention when she
crossed the street with her grandchild. Accordingly, the driver of the
vehicle will not be charged. Posted on Wednesday, February 3, 2010 at 9:58 pm

A pit bull charged a Broward County Sheriff's deputy and, as a result,
was shot and killed. The dog attacked the police officer after the
deputy was called to investigate complaints of a loose pit bull
roaming the streets of Fort Lauderdale. When the deputy located the
pit bull it attacked him and he shot it twice. The animal was taken to
Broward County Animal Control where an investigation is ongoing. The
dog was not wearing a collar and no one claimed the animal. This is a
primary example of why it is Posted on Sunday, January 31, 2010 at 7:56 pm

A five (5) year old North Miami girl drowned when her grandmother who
was watching her left her alone. The grandmother decided to go to the
grocery store to do some shopping and allowed the five (5) year old to
stay home without her. When the grandmother returned she found the
child floating in the pool. There was no protective fence surrounding
the pool which more likely than not enabled the child to climb in. The
grandmother is being charged with manslaughter. This is such a sad
story. As a Fort Posted on Thursday, January 28, 2010 at 5:16 pm

In some good news for drivers throughout Florida, in hopes of
preventing deadly truck accidents, the federal government enacted new
regulations prohibiting commercial truckers and bus drivers from
texting while driving. These overdue restrictions go into effect
immediately. While no one knows who many accidents are caused by
commercial driver texting while driving, it is a certainty that such
behavior is dangerous and creates a high-risk of accidents.
Considering drivers who text generally take their eyes Posted on Friday, January 29, 2010 at 2:56 pm

Not surprisingly, a recent study, done at the University of Utah,
determined that texting while driving, not only increases the risk of
having a car accident, but is significantly more dangerous than
talking on a cell phone while driving. The study determined that
texting drivers were less likely to apply their brakes in a timely
manner to avoid a car accident, that they followed other vehicles too
closely and demonstrated significantly delayed reaction times.
Further, the researchers determined that Posted on Tuesday, December 22, 2009 at 7:14 am

As Florida Lawyers practicing personal injury and car accident law in
Fort Lauderdale and Miami, we are alarmed when we learn of ongoing
conduct which results in the wrongful death and injury to innocent
drives. According to a recent report, car accidents caused by
drop-offs along highway construction areas kill about 160 people and
injure another 11,000 people each year. Most of these deadly car
accident occur when a car slips off the edge of a road onto the
shoulder, causing the driver to overreact and Posted on Monday, December 21, 2009 at 6:55 am