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Lethal Injection

Covers lethal injection in the United States.

http://lethal-injection-florida.blogspot.com/index.html

Nov 15
Ohio Is First to Change to One Drug in Executions

Breaking ranks with the 35 other states that use lethal injections to execute prisoners, Ohio on Friday became the first state to say it would switch to a single drug, rather than a three-drug cocktail, in its death penalty procedure. Critics have long argued that using a single drug, the preferred method in animal euthanasia, is more humane than the three-drug cocktail, which involves a short-acting barbiturate to render the inmate unconscious, followed by a paralytic and then a chemical to... Posted on November 15, 2009 at 02:08 am by Hilde
Oct 23
Joshua French and Tjostolv Moland

[www.freemolandandfrench.com]Joshua French and Tjostolv Moland received 5 death sentences each from a military tribunal in DR Congo on September 8. 2009. They were convicted solely based on circumstational evidence and two witnesses who weren't expected to give their oath. Those witnesses were called "informants" by the military tribunal, simply because they would otherwise not be able to claim reinbursements from the two convicted Norwegians. The Norwegians did not have any interpreterer for... Posted on October 23, 2009 at 06:22 am by sisselnor
Oct 18
Corsicana Sun hyping bogus Willingham 'confession' shames paper, state

Locals in Corsicana are circling the wagons on the Todd Willingham case, and they've enlisted the enthusiastic assistance of the local newspaper, The Corsicana Sun, to their cause. It's hard not to conclude the paper is embarrassing itself, their town and the state with ignorant, hyperdefensive attempts to counter conclusions by arson experts in the Todd Willingham case. (Indeed, I find such bad reporting nearly as noxious as Willingham's turncoat defense attorney, who Anderson Cooper said... Posted on October 18, 2009 at 06:09 am by Hilde

Rank This Week: 15

Miami Florida Bankruptcy Law

By Jordan E. Bublick.

http://jbublick.blogspot.com/

Nov 14
Florida Mortgage Foreclosure and Liability

A topic of much concern is liability in a residential mortgage foreclosure in Florida. In the origination of a typical residential mortgage transaction, there are two instruments - the promissory note and the mortgage. The promissory note documents the actual terms of borrowing and the mortgage provides for a lien on the real property to secure the debt of the promissory note. In a typical residential mortgage foreclosure action in this part of Florida, the foreclosure case initially usually... Posted on November 14, 2009 at 07:53 am by Jordan E. Bublick, Bankruptcy Attorney
Oct 2
Senator Reed Introduces Bill to Strengthen Mortgage Modification Efforts

On September 30, 2009, Senator Jack Reed (D-RI) issued a press release that he introduced "Preserving Homes and Communities Act of 2009" (S. 1731) which is a bill to help "keep families in their homes and prevent communities from deteriorating as a result of skyrocketing mortgage defaults." The bill is cosponsored by Senators Dick Durbin (D-IL), Sheldon Whitehouse (D-RI) and Jeff Merkley (D-OR). One aspect of the bill will require that "qualified homeowners are evaluated for and offered loan... Posted on October 2, 2009 at 11:34 am by Jordan E. Bublick, Bankruptcy Attorney
Sep 11
Update on Proposed Bankruptcy Cramdown

At a House subcommittee meeting this week, Congressman Barney Frank stated that if the mortgage servicers do not act to stem the foreclosure crisis by modifying more mortgages, there would be an increased chance that Congress will enact bankruptcy laws allowing certain mortgage modifications. Frank stated that "the best lobbyists we have for getting bankruptcy legislation passed are the servicers who are not doing a very good job of getting mortgages modified." Frank reportedly told the Wall... Posted on September 11, 2009 at 02:25 am by Jordan E. Bublick, Bankruptcy Attorney

Rank This Week: 55

Florida Estate Planning Lawyer...

Florida Estate Planning Lawyer Blog

Covers estate planning, probate, taxes, elder law, business law and employment law issues. Published by Jacksonville, Florida estate planning lawyer, David M. Goldman.

http://www.floridaestateplanninglawyerblog.com/

Nov 18
Jacksonville Loan Mortgage Modificiation Lawyer and Foreclosure Defense

Many Jacksonville Foreclosure Lawyers see the poor attempt by banks to do loan modifications. Loan Modifications are in the news in Jacksonville Florida where it appears that many have been told to stop making payments to be eligible for... Posted on November 18, 2009 at 11:21 am by David M. Goldman
Nov 18
Jacksonville Florida Probate and Foreclosure Defense

as a Jacksonville Foreclosure Lawyers who also practices Florida Probate Law I see many Florida Estates where the decedent's home has negative equity. If you are appointed the Personal Representative of a Florida Probate you should explore Florida Foreclosure Defense.... Posted on November 18, 2009 at 08:54 am by David M. Goldman
Nov 18
Florida Foreclosure and the Difference between Judicial and Non-Judicial Foreclosure?

As a Jacksonville Foreclosure Lawyer its important to understand the difference and benefits of a Judicial Foreclosure state like Florida over a Non-Judicial Foreclosure state like California. Florida law requires that the lenders and mortgage companies seek a court judgment... Posted on November 18, 2009 at 08:36 am by David M. Goldman

Rank This Week: 67

Southern District of Florida Blog

Provides news and notes regarding federal practice in the Southern District of Florida. By David Markus

http://sdfla.blogspot.com

Nov 19
News & Notes (Fins edition)

It's been a long day, so I'm trying to cheer up in watching the Fins. So far, so good. 14-3 as we speak. Here we go with some news & notes: 1. Who wants to be a Magistrate? There's an opening in the District. The salary is $160K and to apply, you need to be less than 70, a member in good standing of the bar for 5 years, and not related to any judge in the district. Chief Judge Moreno has put together this selection committee: Chair:David Rothman, Esq. Rothman & Associates, P.A. Georgie... Posted on November 19, 2009 at 02:06 pm by David Oscar Markus
Nov 18
Lawyer acquitted in federal court in Georgia

Friends of the blog, Tom Withers* and Craig Gillen, walked a lawyer (Mark Shelnutt) today in Columbus, Ga. Shelnutt was charged with money laundering and drug offenses. The judge read 36 not guilty verdicts: At 2:45, Land began to read. "Count One, conspiracy to launder money," the judge said. "Not guilty." "Count Two, aiding and abetting a conspiracy to distribute cocaine. Not guilty." "Count Five, money laundering. Not guilty." Then the judge's words, cadence and diction took on a lyrical... Posted on November 18, 2009 at 02:46 pm by David Oscar Markus
Nov 18
"Liberty City terror suspect gets 6 years in prison"

The first of the Liberty City defendants -- 24-year-old Burson Augustin -- was sentenced today. The government sought the maximum -- 30 years. But Judge Lenard did the right thing and sentenced Augustin to 6 years. From the AP: A judge on Wednesday handed a six-year jail sentence to one of five men convicted of plotting to blow up the tallest building in the United States, Sears Tower, and swearing allegiance to Al-Qaeda. US District Judge Joan Lenard found that Burson Augustin, 23, played a... Posted on November 18, 2009 at 07:29 am by David Oscar Markus

Rank This Week: 71

Justice Building Blog

Features discussions between judges and lawyers in the Richard E. Gerstein Justice Building.

http://justicebuilding.blogspot.com

Nov 19
DOLPHINS PLAY TONIGHT

In a rare Thursday night game, the Dolphins play the Carolina Panthers. Go Fins. Bob Norman's Daily Pulp here seems to allude to the fact that Scott Rothstein is being sequestered by the Feds as he cooperates with agents and prosecutors over the others who assisted him in stealing what some have speculated could be upwards of a billion dollars. But even at at level, I guess he gets three points off for super acceptance, right? Rothstein surrendered his Bar license yesterday. If he had ever... Posted on November 19, 2009 at 04:10 am by Rumpole
Nov 18
COUNTY COURT REPORT

We received the following email and picture:(Update- take our Jeopardy lawyer quiz below) Rumpole: At your request I have emailed you a picture of the offending message from the Prosecutors in County Court. In case the picture is not clear, it is handwriting on a Plea Sheet and says the following in Red Ink:"All pleas will be enhanced on trial day. This includes jail enhancement. These pleas are open today only." Will the FACDL considering filing a bar complaint against the State Attorneys... Posted on November 18, 2009 at 06:10 am by Rumpole
Nov 16
THE FAMOUS CHEER YOU UP -DEATH POST.

UPDATE: The Anatomy of A Scam: How Rothstein did it. Bob Norman of the Daily Pulp has put together an interview with an investor who pitched by Rothstein.Part I here. Check out "You Make The Call" on the Broward Blog here. Basically, in Broward the police have as much respect for the 4th Amendment as the Judges North of the Border have for Dade Lawyers. Especially nifty is the warrant-less entry into the defendant's home to "make a protective sweep" looking for the defendant while the other... Posted on November 16, 2009 at 09:21 pm by Rumpole

Rank This Week: 77

Covers corporate trustees, compensation disputes, contested guardianship proceedings, creditors' claims, homestead litigation, will construction litigation, and trust and estates litigation. By Juan C. Antunez.

http://www.flprobatelitigation.com/

Nov 16
4th DCA: Can a probate judge boot a recalcitrant cotenant out of homestead property?

Buettner v. Fass, --- So.3d ----, 2009 WL 3446478 (Fla. 4th DCA Oct 28, 2009) Why??!!, your clients will ask, do you have to start a new partition action in front of a new judge to adjudicate an existing dispute involving a decedent's homestead property if everything else the decedent owned is already subject to the probate judge's authority? And your answer will be: "Hey, if it made sense, it wouldn't be homestead." Well, maybe that's what your inside voice would say. Your outside voice would... Posted on November 16, 2009 at 03:15 pm
Nov 8
3d DCA: Is Florida's slayer statute equivalent to a forfeiture statute, awarding all of a killer's property to the estate of the victim?

LoCascio v. Sharpe, --- So.3d ----, 2009 WL 3448111 (Fla.App. 3 Dist. Oct 28, 2009) Silvia Locascio's brutally beaten corpse was found in her home (pictured below) on October 30, 2001. Eventually her husband and brother-in-law were found guilty of her murder - based in large part on the testimony of the couple's only son. Click here, here for more on the back story to this tragic case. Eight years after his mother's murder Edward J. LoCascio (Son) argued that under F.S. 732.802 (Florida's... Posted on November 8, 2009 at 05:55 pm
Nov 6
Georgia's 'Slayer Statute' Doesn't BaLawyers From Keeping Fees Paid by Executrix, Judges Rule

A year ago things looked pretty bleak for attorney Ben Kuehne here in Miami and a couple of Georgia lawyers who were arrested and apparently spent a night in jail after their client was forced to forfeit estate assets under Georgia's Slayer Statute [click here]. All were on the receiving end of criminal prosecutions for arguably doing nothing other than getting paid for representing unpopular clients. Fast forward a year: the Kuehne prosecution has caved in on itself [click here] and in a... Posted on November 6, 2009 at 06:20 pm

Rank This Week: 90

Florida Arbitration Law . com

Offers a discussion of enforcement and issues in arbitration. By Christopher B. Hopkins, Allison S. Bernstein and Stafford N. Shealy.

http://FloridaArbitrationLaw.com/blogs/index.php?blog=5

Nov 18
Fourth DCA Holds Proposal for Settlement Can't Apply to Suit for Damages and Injunctive Relief

Florida lawyers find themselves facing yet another appellate decision invalidating a Proposal for Settlement. Yes, it's been about a month since a Proposal was shot down like this case. Or this one. In our instant case, which admittedly is a new twist on a tired issue, the Fourth District held that Proposals for Settlement cannot be used to resolve cases involving both claims for damages and injunctive relief. In Palm Beach Polo Holdings, Inc. v. Equestrian Club Estates Owners Association... Posted on November 18, 2009 at 05:34 pm by Christopher HOPKINS
Nov 8
Another Florida Court Agrees That AAA Declining Case Does Not Void Arbitration Agreement

Two of Florida intermediate appellate courts have now ruled that pre-dispute arbitration clauses which refers health care disputes to the American Arbitration Association (AAA) are nonetheless valid -- even though the AAA will decline the case -- because referral to the AAA is not typically an integral term. Instead, the parites can petition the trial court for another arbitrator. The Second District issued the first case from August 2009 (New Port Richey Medical Investors and Life Care Centers... Posted on November 8, 2009 at 05:07 pm by Christopher HOPKINS
Nov 6
Florida Supreme Court Grants Review of Nursing Home Arbitration Case

Apparently arbitration-watchers will want to be current on their nursing home case law since the Florida Supreme Court has granted review of Estate of Gessa v. Manor Care. Back in February, we wrote a long post attempting to sew together the long history of a particular nursing home arbitration agreement and the disparate treatment it has received in various Florida intermediate appellate courts. Read that post here. Once your up to speed, join us as we keep an eye on Gessa in the Florida... Posted on November 6, 2009 at 09:15 am by Christopher HOPKINS

Rank This Week: 93

Florida Child Injury Lawyer Blog

Covers Florida Personal Injury and Medical Malpractice issues related to minors and children. Topics include child safety, crimes against children, as well as medical care and health issues. By Jacksonville, Florida Injury and Accident Attorney, David A

http://www.floridachildinjurylawyer.com/

Nov 21
Orlando, Florida – Sixteen-year-old Prostitute’s Baby Held Hostage by Pimp

The Orange County, Florida Sheriff's Office made ten arrests recently, stemming from an investigation into an internet prostitution ring. The investigation took place over several weeks and included individuals in seven Florida counties. One of the alleged prostitutes arrested was a sixteen-year-old girl. She told police that her pimp was holding her five-month-old baby hostage, and that if she did not return to him with the money, he would keep the baby. Deputies found the baby some time later... Posted on November 21, 2009 at 03:30 am by David A. Wolf
Nov 20
Chipley, Florida – Missing Baby, Shannon Dedrick, Found Alive; Mother and Aunt Arrested

Shannon Dedrick, the Florida seven-month-old who was reported missing from her home over a week ago, was found alive recently. The girl was found lying hidden in a small box under the bed of her babysitter / step-aunt, Susan Baker. Shannon appeared to be in good health. According to police, Ms. Baker had asked the child's mother, Crystina Lynn Mercer, to give her permanent custody of the child, and Ms. Mercer handed the girl over to her. Police became suspicious of Ms. Baker after learning that... Posted on November 20, 2009 at 03:30 am by David A. Wolf
Nov 19
NRA Pushing to Ban Adoption Agencies from Inquiring about Prospective Parent’s Gun Ownership

Adoption agencies placing children with Florida parents are reportedly required by the Florida Department of Children and Families to inquire if the potential parents keep guns or ammunition in their home. Recently, a Brevard County, Florida couple hired an attorney after they took exception to being asked that question. The lawyer called a lobbyist for the NRA, who decided to try to change Florida law to restrict adoption agencies from asking about gun ownership. According to the NRA, gun... Posted on November 19, 2009 at 03:30 am by David A. Wolf

Rank This Week: 137

NFA Gun Trust Lawyer Blog

NFA Gun Trust Lawyer Blog covers Class III weapons topics for all of the 50 states. By Jacksonville, Florida, Gun Trust Attorney, David M. Goldman.

http://www.guntrustlawyer.com/

Oct 8
What is a NFA Firearms Trust?

WHAT IS AN NFA FIREARMS TRUST NFA Firearms (also called Title II Firearms) are guns and other items regulated by the National Firearms Act (the "NFA"). Many people mistakenly refer to them as "Class 3" firearms or weapons. The NFA regulates the sale, use, possession, and transfer of machine guns, short-barreled shotguns and rifles, silencers, destructive devices, and AOWs. In most states, some or all of these items are LEGAL to own. In addition to state regulation, federal law regulates these... Posted on October 8, 2009 at 07:11 am by David M. Goldman
Oct 6
Why Do I Need an NFA Firearms Trust?

/**/ WHY DO I NEED AN NFA FIREARMS TRUST? No CLEO Signature Required The ATF requires that all individuals obtain approval from their Chief Law Enforcement Officer (the "CLEO") as part of the application process to obtain a Title II firearm from another individual or Class 3 dealer. Many CLEOs around the country are refusing sign or even acknowledge the ATF Forms. There is no legal remedy in most states to force the review of these forms. If using an NFA Firearms Trust to purchase a weapon, the... Posted on October 6, 2009 at 12:15 pm by David M. Goldman
Oct 4
Supreme Court to Hear 2A Case: McDonald v. Chicago

The Supreme Court has recently decided to hear the landmark Second Amendment case of McDonald v. Chicago. This case will address the application of the Second Amendment to the states through either the Due Process clause or the Privileges or Immunities clause of the Fourteenth Amendment. The case has major implications for the legality of restrictive gun laws not only in Chicago, but also in other cities across the United States. The decision to hear the case, which will be argued early next... Posted on October 4, 2009 at 05:40 pm by David M. Goldman

Rank This Week: 165

Whistleblower Law Blog

Discusses qui tam/federal and state false claims cases. By LaBovick LaBovick & Wald.

http://whistleblower.labovick.com/

Oct 30
DOJ enlists help from Congress to fight healthcare fraud

The DOJ's Assistant Attorney General Tony West realizes that healthcare fraud is a serious issue that can't be fought alone. Since 2009, he has led DOJ's Civil Division and is requesting help from Congress to combat healthcare fraud. We applaud Assistant Attorney General Tony West for his efforts in admitting that the DOJ needs help. This is a first step in making progress. Earlier this week, Senator's Ted Kaufman (D-Del.) and Arlen Specter (D-Pa.) and Senator Patrick Leahy (D-Vt.) introduced... Posted on October 30, 2009 at 01:30 am
Sep 3
Pfizer agrees to pay $2.3 billion to settle qui tam and criminal charges

Pfizer Inc has agreed to pay a record settlement of $2.3 billion to resolve a qui tam case and to settle federal and criminal probes. According to the DOJ and several published reports, this involves the alleged Medicare/Medicaid fraud, and the illegal use off-label marketing of multiple drugs. The fines in this case are $1.3 billion, which are the largest settlement ever paid for a health care fraud claim and a criminal case. In addition to Pfizer, Pharmacia & Upjohn Co, a Pfizer... Posted on September 3, 2009 at 04:29 am
Aug 26
Whistleblower and former UBS Banker sentenced to 40 months in prison for role in tax scam

Former UBS Banker, Bradley C. Birkenfeld was recently sentenced to 3 years and 4 months in prison for assisting a client at UBS to evade taxes. However, due to Mr. Birkenfield's assistance, the government was successful in reaching the February settlement of UBS agreeing to pay $780 million in fines, penalties, and restitution relating to tax fraud. In response to the sentencing of Bradley Birkenfeld, Qui tam Attorney Brian F. LaBovick, Esq. stateted the following: "This is a major issue within... Posted on August 26, 2009 at 02:34 am

Rank This Week: 194

Florida Personal Injury Law Blog

Covers personal injury legal news, including car accidents, insurance law and workers' compensation. By LaBovick & LaBovovick.

http://injurylaw.labovick.com/

Sep 30
Toyota recalls 3.8 million vehicles over safety issue with floor mat

Attention all readers, this is a very important blog post. If you are a Toyota driver or know someone that is, please read and share this important information. It could help save your life or the life of a loved one. The Toyota Motor Corp. has announced that it will recall 3.8 million vehicles in the United States, to address problems with a removable floor mat that could cause accelerators to get stuck and lead to a crash. The recall affects Toyota models from 2004 - 2010. Specific models... Posted on September 30, 2009 at 07:18 am
Sep 30
Driver distractions caused nearly 6,000 deaths in 2008

Driver distraction caused the deaths of nearly 6,000 people and the injuries of 500,000 people last year according to new government reports on auto safety. There is a correlation of using mobile devices while driving. This includes texting while driving and talking on the cell. Transportation officials recently released a report that showed driver distraction being involved in 16 percent of all fatal crashes in 2008. The Transportation report shows that 515,000 people were injured and 5,870... Posted on September 30, 2009 at 04:44 am
Sep 15
City of Parkland is one step closer to texting while driving ban

In the City of Parkland the texting while driving debate is heating up. On Monday night city commissioners made history when they unanimously approved the ban which would make it illegal to send text messages while driving. Fines for violators could be as much as $100. If approved, this would be the first municipality in Broward County to take such measures for driver safety. A second and final vote will be taken on September 23rd. A ban on texting while driving is not new. Seventeen states... Posted on September 15, 2009 at 08:07 am

Rank This Week: 227

Rubin on Tax

Covers tax and legal issues relating to federal and Florida tax, estate planning, probate, and business matters. By Charles Rubin.

http://rubinontax.blogspot.com

Nov 19
APPLICABLE FEDERAL RATES – DECEMBER 2009

Posted on November 19, 2009 at 10:39 am by Charles Rubin
Nov 11
ORDINARY INCOME ON SURRENDER OF LIFE INSURANCE POLICY

Borrowing from a life insurance policy is a tax-advantaged method of obtaining funds. Generally, a policy owner can borrow against the cash surrender value of non-term life insurance policies. The receipt of the loan proceeds is not a taxable event to the owner, even though part of the cash surrender value was created by untaxed earnings that accumulated in the life insurance policy. If the owner dies while the loan is outstanding, the owner does not typically have to repay the loan, although... Posted on November 11, 2009 at 10:23 am by Charles Rubin
Nov 7
SUMMARYOF NEW TAX ACT PROVISIONS

Congress passed last week the Worker, Homeownership, and Business Assistance Act of 2009. President Obama is expected to sign the new Act. Below is a summary of key provisions: A. Expansion of 5 Year NOL Carrybacks. The ability to carry back NOL's for 5 years (instead of the normal 2 years) has been expanded to include 2009 losses (previously the 5 year rule only applied to 2008). The rule has been expanded to include most taxpayers, not just the small businesses it applied to before. Other... Posted on November 7, 2009 at 06:13 am by Charles Rubin

Rank This Week: 242

Sub Prime Securities Investment...

Sub Prime Securities Investment Law Blog

Sub Prime Securities Investment Law Blog covers topics such as the securities markets, institutional investors, and Morgan Keegan Bond funds. By the Sub Prime Investment Loss Legal Recovery Team.

http://www.subprimesecuritiesinvestmentlaw.com/

Apr 18
More Bad News For MK High Income and Intermediate Bond Fund Shareholders

If you own one of these funds you probably know that Morgan Keegan's High Income and Intermediate Bond Funds crashed and burned in 2007, losing over 50% of their value in a year. The problem began when the value of the funds' assets (which included lots of securities tied to toxic subprime mortgages) collapsed. At that point hordes of understandably anxious fund owners said "enough" and began redeeming their shares , forcing the funds to sell assets for cash. The rush to the exits hardly... Posted on April 18, 2008 at 08:28 am by Brian N. Smiley
Feb 19
Just Another Bad Day Of the Subprime Meltdown

So how bad is it? Take a look at the "Money and Investing" section of the February 8, 2008 Wall Street Journal. The story "Prosecutors Widen Probes into Subprimes" reveals that criminal or regulatory investigations concerning fraud in the subprime market are underway by: (1) U.S. Attorneys Office for the Eastern District of New York (Brooklyn) - investigating Bear Stearns and UBS; (2) U.S. Attorneys Office for the Southern District of New York (Manhattan) - newly initiated investigation... Posted on February 19, 2008 at 02:28 pm by Brian N. Smiley
Feb 12
THE SUBPRIME MESS: WHY WHAT “THEY” SOLD YOU WASN’T AND STILL ISN’T WHAT YOU NEED

"They" are the giants of Wall Street. "They" are the folks who pumped billions of dollars of bonds backed by subprime mortgage obligations into the hands of unsuspecting investors like you. These loans are called subprime because they were made to people who were likely to be unable to repay them. Subprime loans were made to borrowers who had low credit scores, a history of late payments, or even recent bankruptcies. These subprime loans were then bundled and "repackaged" by financial... Posted on February 12, 2008 at 07:31 am by Brian N. Smiley

Rank This Week: 296

Florida Workers' Compensation Law...

Florida Workers' Compensation Law Blog

Focuses on news, legislative developments, and courts decisions arising under the Florida Workers' Compensation Act. By David A. McCranie.

http://www.flworkerscompensationlawyer.com/

Aug 24
AIG Escapes Liability for WC Insurance Fraud - For Now

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... Posted on August 24, 2009 at 04:40 am
Aug 21
Date of 'Last Injurious Exposure' Governs Which Carrier Pays for Occupational Disease

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... Posted on August 21, 2009 at 05:00 am
Aug 20
NCCI Announces 6.8% Rate Reduction Request

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 August 20, 2009 at 12:25 pm

Rank This Week: 304

Florida Personal Injury Lawyer...

Florida Personal Injury Lawyer Blog

Florida Personal Injury Lawyer Blog covers topics such as boating and car accidents, as well as medical malpractice and slip/trip and fall accidents. Published by Florida lawyer Joseph I. Lipsky.

http://www.floridapersonalinjurylawyerblog.com/

Nov 9
Pedestrians More Likely to Die in Miami and Ft. Lauderdale

As Florida Lawyers handling personal injury and wrongful death cases, we've learned of yet another report which demonstrates how dangerous the roadways are for pedestrians in South Florida. According to a recent report, the Miami/Ft. Lauderdale area achieved the dubious honor of being named one of the nation's most dangerous areas for pedestrians. The study indicates that because our roads were designed to speed up traffic, people walking along any given road in Miami and Ft. Lauderdale are... Posted on November 9, 2009 at 10:07 am by Joseph I. Lipsky
Nov 8
Trip and Falls Cause Most Injuries to Elderly

According to a recent study, more than a third of all people over the age of sixty five fall each year. Unfortunately, more than one fall in 10 results in a serious injury, like a fractured hip. As Florida Lawyers, we too often seen the devistating affects such injuries from such trip and falls at stores, parking lot and shopping centers, have on our older clients. Thankfully researchers are beginning to further study, through wireless sensors in carpets, clothing and rooms, older individual's... Posted on November 8, 2009 at 12:21 pm by Joseph I. Lipsky
Sep 30
Pedestrians and Bike Riders Involved in Double the Accidents with Hybrid Cars

In the desire to go "Green," the steady increase in hybrid cars on the road are causing a drastic increase in the number of car accidents with pedestrians and bicycle riders. According to a recently released report from the National Highway Traffic Safety Administration, due to the lack of noise generated from hybrid engines, pedestrians and cyclists are less likely to hear such vehicles that were turning, slowing or backing up. Thankfully, in light of this unintended side-effect, vehicle... Posted on September 30, 2009 at 07:43 am by Joseph I. Lipsky

Rank This Week: 310

Florida Criminal Lawyer Blog

Covers Florida criminal law news and cases. By William Ryan Moore.

http://www.floridacriminallawyerblog.com/

Nov 18
Fort Lauderdale Criminal Lawyers on Driving Under the Influence

Driving under the influence, or DUI, is a serious crime in the state of Florida, according to Fort Lauderdale criminal attorney William Moore. DUI occurs when a person operates or is in actual physical control of the vehicle - even if the keys are not in the ignition or if you are asleep in the vehicle or parked and not moving - and is impaired by the usage of alcohol or drugs. Fort Lauderdale criminal attorney Moore notes that a person can be arrested for and convicted of DUI if he or she has... Posted on November 18, 2009 at 02:12 pm by William Ryan Moore
Nov 17
CRIMINAL LAWYER IN PALM BEACH COUNTY OVERVIEW: THE CRIME SCENE LOGBOOK

Criminal Lawyers in Palm Beach County know that at the scene of a major crime, a uniformed officer is assigned to maintain a logbook at the entrance to the scene. The logbook is used to record the names, dates, and times of those persons entering and exiting the sealed area. This record is necessary for future comparison of evidence, such as footprints. The log is admissible in court as an accurate depiction of events, such as the removal of the body by the medical examiner's office and the... Posted on November 17, 2009 at 11:47 am by William Ryan Moore
Nov 16
Criminal Lawyer in Fort Lauderdale, Homicide Investigation Overview

The first officer on the scene of a homicide, or any crime scene, is most often a uniformed patrol officer. The Fort Lauderdale dispatcher receives a 911 telephone call, and he assigns the case to the next patrol officer on the rotation. Depending upon the severity of the crime and the danger level, more than one officer may be assigned to the same case. Upon his or her arrival at the scene of a crime, a responding officer must first, if necessary, defend herself or others against attackers.... Posted on November 16, 2009 at 06:23 pm by William Ryan Moore

Rank This Week: 407

Florida Injury Attorney Blog

This blog covers airplane, bus, car, motorcycle, pedestrian, and truck accidents, as well as other types of injuries and abuse. By Florida Injury Lawyers, Paige, Trop, & Ameen.

http://www.floridainjuryattorneyblog.com/

Nov 17
Palm Beach Injury Lawsuit Sues Shell Oil and Circle K for Man’s Burn Injuries from Gas Station Fire

A deputy sheriff with the Palm Beach County Sheriff's Office is suing several companies for Florida personal injury. Richard Ragali sustained burn injuries on over 60% of his body while at a Marathon gas station last month. The 53-year-old Jupiter resident's body caught fire on October 2 as he pulled his motorcycle into the gas station. The motorcycle slid on a gas puddle, causing sparks to fly and flames to ignite. Ragali sustained second- and third- degree burns and is undergoing physical... Posted on November 17, 2009 at 07:25 pm
Nov 9
Mother Awarded $330 Million Florida Car Accident Verdict Over Daughter’s Wrongful Death

It took a jury less than one hour to issue a $330 million Florida wrongful death award to the mother of a 13-year-old girl who was killed in a drunk driving accident in April 2007. Shelby Taylor Hagman sustained fatal injuries when the minivan she was riding in was struck by a pickup truck that ran a stop sign in a residential area. Her grandparents were in the motor vehicle with her. According to police, Christopher Marcone's blood alcohol level was over twice the legal limit at 0.207 when the... Posted on November 9, 2009 at 09:22 pm
Nov 2
Family Vows to Take West Palm Beach Wrongful Death Lawsuit Alleging Police Brutality to US Supreme Court if Necessary

It's been four years since Donald Lewis died from what his family is alleging was police brutality. The West Palm Beach Police officers accused of suing excessive force were never criminally charged over the incident, which was captured on video. Lewis's family took matters in their own hands and sued West Palm Beach for Florida wrongful death in 2006. The US District Court threw out the case, which then was rejected by the 11th Circuit Court of Appeals. Lewis's family, however, refuses to give... Posted on November 2, 2009 at 06:03 pm

Rank This Week: 409

Maritime Law Blog

Covers boating safety and laws. By Dwayne Clark and Kristen Watson.

http://lawboat.blogspot.com/index.html

Sep 29
Monica Burguera Foundation

In 2006 we blogged on a terrible boating accident in Miami. Some young people including Monica Burguera were killed and others injured. Recently we saw visits to our site regarding Ms. Burguera and wondered why. The activity is apparently because her family and friends have started a a non-profit organization, in order to educate boaters and help create awareness of the importance of boaters' safety education. Here at Clark & Watson we consider ourselves boating safety advocates. This is a... Posted on September 29, 2009 at 01:21 am by Dwayne Clark
Sep 29
Boating Death Called Freak Accident

BILOXI - A shortcut cost boater Kevin Michael Reed his life.Reed, 24, was at home on the water. His father had taught him to pilot a boat, his friends say, when he was a small boy. He loved to fish from his 21-foot boat, a Kenner with an open console and T-top. He took it out almost every weekend. On Sunday he took four friends to Horn Island, where they grilled. Reed's best friend, B.J. Rogers, said they headed back early. They planned to go kneeboarding on the Tchoutacabouffa River. Posted on September 29, 2009 at 12:58 am by Dwayne Clark
Sep 24
Son ( Bill Brenner ) mourns Mobile couple killed in boating accident Friday night -

The president of Mobile's Southern Earth Sciences Inc. was being consoled Sunday in the aftermath of a Florida boating collision that killed his parents and aunt Friday night, a work colleague said. Friends, family and company employees were visiting William "Bill" Brenner at his Daphne home, according to Penny Hatcher, the engineering company's public relations and marketing director. Killed in the accident were George and Donna Brenner, and Jeane Srowson. They were boating with Bill Brenner... Posted on September 24, 2009 at 02:51 am by Dwayne Clark

Rank This Week: 422

Miami Injury Lawyer Blog

This blog covers topics such as Admiralty & Maritime Law, Crime Victims Rights, Defective Products, Medical Malpractice, Motor Vehicle Accidents, and Security Negligence. By Miami, Florida Injury Attorney Gerson & Schwartz.

http://www.miamiinjurylawyerblog.com/

Jun 15
Crime Victims at Low Income Housing Apartments

Expensive rentals and condominiums provide extensive security programs to protect residents and guests. Low income renters often don't get the same protection as more affluent apartment dwellers. Legal protections exist for government supported properties. Though not well known by the public many requirements for safety and security are mandated by federal statutes and regulations for subsidized housing. Developers and managers get rent subsidies, guaranteed loans, tax credits and other... Posted on June 15, 2009 at 03:01 pm
May 27
$ 1,200,000 Jury Verdict for Lifetime Cigarette Smoker

Just last week we received a $1,200,000 jury verdict for the widow of a lifetime cigarette smoker who died in 1993. The tobacco industry used every available appeal to delay justice for our client. Now, 76 she finally received an award for the loss of her husband on May 22, 2009. The defendant R.J. Reynolds Tobacco Company will appeal again. We will defend the jury verdict as far as it goes and as long as it takes. Ultimately, justice will prevail. At Gerson & Schwartz we continue our 39... Posted on May 27, 2009 at 03:25 pm
Apr 14
Proposed Bill Attempts to Increase Minimum Automobile Liability Insurance Coverage for Convicted Felons

Earlier this month, our firm along with the the Florida Justice Association traveled to Tallahassee, FL to lobby the the Florida legislature. One proposed bill of particular interest would increase the minimum amount of automobile insurance coverage a convicted felon would be required to carry while operating a car or other motor vehicle in Florida. Posted on April 14, 2009 at 04:01 pm

Rank This Week: 445

Orlando Injury Lawyer Blog

Covers car accidents, car insurance, consumer products, medical malpractice and more. By Ward & Caggiano.

http://www.orlandoinjurylawyerblog.com/

Oct 20
Home Depot & Lowe's Injury & Accident

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... Posted on October 20, 2009 at 05:56 am
Oct 5
Orlando Hotel Injury

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... Posted on October 5, 2009 at 05:17 am
Sep 11
Secrets to Successful Orlando Injury Settlement!

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... Posted on September 11, 2009 at 06:35 am

Rank This Week: 470

Florida Divorce Law Blog

Covers adoption, child custody, child support, divorce, domestic violence, international child custody, marital agreements, paternity, property division and visitation. By Janet Langjahr.

http://www.fladivorcelawblog.com

Nov 19
Tribe Thwarts American Indian Father’s Efforts to Gain Custody of Daughter in State Child Welfare Agency’s Care

Mother gives Daughter up for adoption upon Daughter's birth. Daughter has been in the custody of state child welfare agency for all of her two years. Father seeks custody of Daughter. Father is an American Indian. Father seeks to invoke the Federal Indian Child Welfare Act (ICWA), which applies to children of American Indian heritage. In the first trial over custody of Daughter, Father's tribe sends a representative to testify in state family court that Daughter is not formally enrolled as a... Posted on November 19, 2009 at 07:33 pm by Janet Langjahr
Nov 16
Worst Parental Dispute of All: Parents Ask Court to Decide Whether Baby Should Live or Die

Mother and Father have 1 year old Baby. Mother and Father are separated. Baby has condition as a result of which his lungs constantly fill with fluid and then have to be suctioned out. Baby is in the hospital on a ventilator. Baby's prognosis does not look good. The hospital and doctors recommend taking Baby off the ventilator and allowing him to die. Father believes Baby has some quality of life and does not want to take Baby off the ventilator. So Father seeks a court order prohibiting taking... Posted on November 16, 2009 at 08:03 pm by Janet Langjahr
Nov 15
Baby Taken into Custody for Doing Drugs … Protective Custody, That Is

Police receive anonymous tip indicating that the odor associated with pot is emanating from a certain home. Police go to investigate. At the home, police find various drugs &#xe2€&#xa6 and a Toddler. Police contact the local child welfare agency (Agency), which takes Toddler into protective custody. The Agency tests Toddler for drugs. The test reveals that Toddler has more than one type of illicit drug in his system, including marijuana and methamphetamines. Toddler's parents are arrested for felony... Posted on November 15, 2009 at 08:16 pm by Janet Langjahr

Rank This Week: 668

Health Care Fraud Blog

This covers topics such as durable medical equipment fraud, HIPAA violations, insurance fraud, medicaid fraud, and medicare fraud. Published by Miami and Fort Lauderdale, Florida health care fraud defense attorney, Robert David Malove.

http://www.healthcarefraudblog.com/

Nov 17
CMS Efforts To Use Software to Detect Fraud

CMS uses contractors to process claims, but also to use sophisticated software to detect fraud patterns and make referrals for claims denials, audits and criminal investigations. At one time the system was somewhat fragmented, given that there are different contractors who process part A, B and D claims in given regions and a series of contractors were looking at data based upon particular types of claims or criteria. In addition, the flow of data prevented the contractors from analyzing and... Posted on November 17, 2009 at 10:01 am by Robert David Malove
Nov 16
FBI, OIG, HEAT How About SFO - “Serious Fraud Office?”

We have done posts on the various monikers given to task forces, including the most recent in healthcare fraud, HEAT (Healthcare Fraud Prevention and Enforcement Team) and the agencies in involved in those investigations; the FBI (Federal Bureau of Investigation), OIG (Office of Inspector General), MFCU (Medicaid Fraud Control Unit); but the British, when they go to investigate large frauds have a more direct name, "Serious Fraud Office" which in England and Wales is a separate entity from the... Posted on November 16, 2009 at 09:52 am by Robert David Malove
Nov 13
Are Large Corporations Treated Differently? Pfizer $2 Billion False Claims Act Settlement Is Its Second In Six Years

Often, we hear that white collar crime is treated differently than other types of crime. However, it is often who commits white collar crime that brings about different treatment. I had a client indicted for fraud related to a DME. Monthly, he would send me articles about large DME companies paying large fines and false claims settlements for the same conduct he was alleged to have engaged in and asked the simple question, "Why am I supposed to go to jail and they don't?" People arrested for... Posted on November 13, 2009 at 09:41 am by Robert David Malove

Rank This Week: 676

FSU College of Law Library Blog

Covers of legal research topics and legal information. From the Florida State University Law Library Team.

http://fsulawlibraryblog.typepad.com/fsu_college_of_law_librar/

Nov 19
H.R. 3590

The Senate has released its version of the health care bill titled the Patient Protection Affordable Care Act. Read it here. Posted by Jon Lutz Posted on November 19, 2009 at 08:39 am by jlutz99
Nov 17
Finding the laws that govern us

You can now search case law on Google Scholar: Here's an excerpt from the Google announcement: Starting today, we're enabling people everywhere to find and read full text legal opinions from U.S. federal and state district, appellate and supreme courts using Google Scholar. You can find these opinions by searching for cases (like Planned Parenthood v. Casey), or by topics (like desegregation) or other queries that you are interested in. For example, go to Google Scholar, click on the "Legal... Posted on November 17, 2009 at 09:49 am by jlutz99
Nov 12
Viruses Can Infect Computers with Child Porn

According to a recent ABAJournal Law News Now article computer viruses can infect users computers with child pornography. Here's and excerpt: An infected computer may be the least of your problems, the Associated Press reports. "An Associated Press investigation found cases in which innocent people have been branded as pedophiles after their co-workers or loved ones stumbled upon child porn placed on a PC through a virus," the story says. "It can cost victims hundreds of thousands of dollars to... Posted on November 12, 2009 at 07:25 am by jlutz99

Rank This Week: 717

Jacksonville Criminal Lawyer Blog

Covers criminal defense law topics such as DUI, domestic violence, drug and federal crimes, search and seizure, theft, and white collar crime. By Jacksonville, Florida attorneys, Shorstein & Lasnetski.

http://www.jacksonvillecriminallawyerblog.com/

Nov 19
Supreme Court Reviewing Florida Case That Sent a Juvenile to Prison for Life

The 8th Amendment to the U.S. Constitution forbids the government from imposing cruel and unusual punishment. The Florida Constitution has a similar provision. This issue normally arises in death penalty cases. However, the U.S. Supreme Court is reviewing the issue of whether it is cruel and unusual punishment to sentence a juvenile to life in prison for committing a crime that did not involve a murder. Two of the cases being reviewed by the USSC are Florida cases- one involved a 13 year old... Posted on November 19, 2009 at 08:33 am by Shorstein & Lasnetski
Nov 16
I Want to Seal or Expunge My Criminal Record to Help Get a Job

This is something we are hearing quite often these days as the economy is struggling and many people are looking for jobs. Many people contact us who are either worried that a prospective employer may see something on their criminal record that may prevent them from being hired or have applied for a job only to be told that their criminal record disqualifies them from the position they are seeking. Or in some cases, current employers have performed background checks and discovered a criminal... Posted on November 16, 2009 at 02:26 pm by Shorstein & Lasnetski
Nov 13
Former Football Star Charged with Hit and Run in Dade County, Florida

Lawrence Taylor, who was one of the most famous linebackers in the NFL, was arrested for hit and run in Dade County, Florida over this past weekend, according to a news article. In Florida, the crime of hit and run, also referred to as leaving the scene of an accident, can be a misdemeanor or a serious felony depending on the circumstances. For instance, if a person is involved in an accident that just results in property damage and fails to stop and provide his/her information, that should be... Posted on November 13, 2009 at 02:11 pm by Shorstein & Lasnetski

Rank This Week: 718

Florida DUI Lawyer Blog

Florida DUI Lawyer Blog covers various aspects of DUI law in Florida. Published by Florida Defense Lawyer, William Ryan Moore.

http://www.floridaduilawyerblog.com/

Nov 9
Video Production for DUI Property Damage Cases

The use of video production in defending DUI Manslaughter cases is considered standard practice for DUI defense law firms. So should be true for DUI Property Damage offenses. The fact that a defendant faces far lesser penalties than DUI Homicide cases is in no way a justification for ignoring effective defense tactics. While aerial and terrain photographs assist the fact finder in ascertaining the facts leading up to and causing an accident, they pale in comparison to a well produced and edited... Posted on November 9, 2009 at 03:59 pm
Nov 4
Fort Lauderdale DUI Lawyer – DUI and Drugs

Driving under the influence occurs when a person operates or is in actual physical control of a motor vehicle or similar device while that person is under the influence of alcohol and/or other intoxicating agents such that his or her faculties are impaired, according to Fort Lauderdale criminal attorney William Moore. In Florida and every other United States Jurisdiction, a driver is presumed to be impaired from alcohol if his or her blood or breath alcohol concentration exceeds a reading of... Posted on November 4, 2009 at 07:14 pm
Nov 3
Palm Beach Criminal Lawyers & Double Jeopardy

Palm Beach criminal lawyers should be well versed on the law pertaining to double jeopardy. The double jeopardy clause of the Fifth Amendment provides: "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb." The concept of double jeopardy prohibits the retrial of a defendant who has been convicted or acquitted of the same offense at a previous trial. It also protects against multiple punishments for the same offense. Palm Beach criminal lawyers should... Posted on November 3, 2009 at 05:53 pm

Rank This Week: 740

Florida Intellectual Property Law...

Florida Intellectual Property Law Blog

Covers patents, trademarks, copyright law, franchise law, trade secret law and unfair competition law. By John Rizvi.

http://www.floridaipblog.com/

Oct 20
Tampa Patent Attorney

Posted on October 20, 2009 at 06:24 am
Oct 20
Orlando Patent Attorney

Posted on October 20, 2009 at 06:22 am
Sep 25
Patent Claiming, Like Football, is a Game of Inches

In the movie Any Given Sunday, Al Pacino played a football coach tony D'Amato in a wonderful locker-room motivational speech telling his players to keep playing even when everything seems stacked against them and fight for every inch. Watch the short 3-4 minute video below first and then lets look into how this is relevant to drafting the claims of a patent. "An inch can mean the difference between victory and defeat", he said, and if you want to win in football or in life, you have to give it... Posted on September 25, 2009 at 07:17 pm

Rank This Week: 794

Florida Personal Injury Attorney...

Florida Personal Injury Attorney Blog

Covers Florida personal injury topics such as auto, truck, motorcycle, and bicycle accidents, as well as insurance. By Fort Lauderdale, Weston, and Orlando Florida injury and accident firm, the Law Offices of Lazarus and Lazarus.

http://www.floridapersonalinjuryattorneyblog.com/

Nov 10
Defective Chinese Products the Cause of Maclaren Stroller Recall

Recently, Chinese-manufactured products have been a topic of controversy, both for consumers in South Florida and in the rest of the U.S. We have seen defects in toys, toothpaste, drywall, and now, baby strollers. According to CNN Money, the Connecticut-based stroller maker Maclaren has recalled 1 million umbrella strollers due to a product defect which can lacerate or even amputate a child's fingertips. There have already been 12 amputations across the U.S. due to children getting their... Posted on November 10, 2009 at 07:48 pm by Arleen Lazarus
Nov 9
Former NFL Star Lawrence Taylor Involved in South Florida Hit-and-Run

The Miami Herald reported this week that NFL legend Lawrence Taylor was arrested on Sunday night for leaving the scene of an auto accident in Miami-Dade. The 50-year-old former New York Giants pass rusher was released around 9:57 p.m. on $500 bond. The crash occurred around 6:30 p.m. on the Palmetto Expressway at Northwest 103rd Street when Taylor hit a 1984 Ford van, tearing off the front tire of his Cadillac Escalade and sending the van spinning in front of the Escalade. According to... Posted on November 9, 2009 at 03:39 pm by Gary T. Lazarus
Nov 3
More Red Light Cameras in South Florida: Preventing Auto Accidents or Raising Money?

In August, we posted "Red Light Cameras: A Violation of Florida Law?" where we discussed the city of Pembroke Pines and its decision to install red light cameras at intersections. As we stated in the post, more and more cities in South Florida will be following the trend which many feel will prevent auto accidents. This week, CBS 12 News in West Palm Beach reported that city officials decided that red light cameras will be used to encourage safe driving and monitor the streets. Currently, there... Posted on November 3, 2009 at 06:16 pm by Gary T. Lazarus

Rank This Week: 844

Criminal Defense

Covers issues in criminal defense. By Brian Tannebaum.

http://criminaldefenseblog.blogspot.com/index.html

Nov 19
Terrorist Aiding Criminal Defense Lawyers, Michelle Malkin Is Looking For You

This week, a federal appeals court ordered attorney Lynne Stewart to prison and asked the trial judge to review her sentence. It may have been too low based on his lack of consideration of whether she committed perjury. Conservative blogger Michelle Malkin was relieved: If there is a shining example of just how dangerous it is for America to give foreign-born jihadists the full panoply of American constitutional rights and all the attendant benefits of a civilian trial, it is Lynne Stewart.... Posted on November 19, 2009 at 07:44 am
Nov 16
Will Scott Rothstein Get A Voluntary Surrender?

The public takes for granted when they hear that someone "surrendered to authorities." Surrendering to authorities means that either there is a mature, experienced agent or police officer on the case, or that heavy negotiations took place, or that there's some pissed off cop who didn'tget a chance to have his "fun." I say "fun" because recently I asked for a voluntary surrender for a client and was told by the officer: "well, making those 6:30 a.m. arrests are really the only fun we have... Posted on November 16, 2009 at 05:22 am
Nov 11
David Letterman Wasn't Extorted

As a defense lawyer, the job is to defend. Defending means determining the appropriate defense to the charge. There are simple defenses: didn't do it, that guy did it, insanity, statute of limitations has run, charge is not appropriate, and of course the old "I wasn't stealing his car, I was just borrowing it for a while. I was going to bring it back." While it appears that David Letterman was asked to pay $2 million dollars for silence on some scandalous allegations, we are learning now that,... Posted on November 11, 2009 at 04:58 am

Rank This Week: 973

Cyber Crime Lawyer Blog

Cyber Crime Lawyer Blog covers topics such as technology and the law, computer forensics and cyber crime defense. By Miami, Florida criminal defense attorney, David S. Seltzer.

http://www.cybercrimelawyerblog.com/

Nov 18
IRS Announces Unprecedented Settlements Under Voluntary Disclosure Program as UBS Prepares to Disclose More Names

I have written here about the IRS voluntary disclosure program several times in the past. As a Miami-Dade tax evasion criminal defense attorney, I was extremely interested in the opportunity it offered taxpayers to avoid harsh penalties from the IRS crackdown on taxpayers who, through innocent mistakes or deceit, failed to declare their income from overseas bank accounts. The voluntary disclosure program ended Oct. 15, and according to the Associated Press, it helped more than 14,700 U.S.... Posted on November 18, 2009 at 11:00 am by David S. Seltzer
Nov 16
Candidate Tells Legislature to Make Professional Licensing Harder for Former Felons

As a South Florida criminal defense attorney, I was disappointed to see comments from our state's attorney general suggesting that he'd like to make professional licenses tougher to get for convicted felons. According to a Nov. 3 article from the Associated Press, Attorney General Bill McCollum, who is running for governor, objects to a law requiring Florida licensing agencies to grant licenses to former felons who had their civil rights restored and have completed a three-year waiting period.... Posted on November 16, 2009 at 04:00 pm by David S. Seltzer
Nov 10
Investigation Finds Multiple Cases of Viruses Downloading Child Pornography

As a Miami-Dade child pornography possession criminal defense attorney, I have known for years that viruses can silently download child pornography, exposing the computer's owner to life-altering criminal charges and personal consequences. That's why I was very pleased to see an Associated Press report Nov. 9 confirming that these cases are real -- and that prosecutors aren't always willing to listen. The AP reviewed court records and interviewed defendants, attorneys and computer forensic... Posted on November 10, 2009 at 02:47 pm by David S. Seltzer

Rank This Week: 985

Florida Criminal Law Blog

Covers criminal law issues, news, and trials in the Pensacola Florida Area. Published by Jim Jenkins.

http://www.floridacriminallawblog.com/

Nov 13
Plea Deal Reneged -- Roman Polanski

News coverage of the Roman Polanski arrest as he attempted to enter Switzerland to attend the Zurich Film Festival to receive an award in September of 2009 has been extensive. The case involves Mr. Polanski, when he was 43 years old, having sexual intercourse with a 13 year old girl in 1977. The girl alleged it was not voluntary. Regardless of whether the acts between the two were voluntary, the act would have constituted statutory rape under California law. The girl alleged she had been given... Posted on November 13, 2009 at 11:40 am by Jim Jenkins
Oct 10
The Risks of Narcotics Dealing

In Pensacola and Florida, as well as throughout the entire country, we often hear stories in the news media about people's homes being searched by law enforcement who discover all types of incriminating evidence. The majority of these stories, but certainly not all, involve the seizure of narcotics. As we heard heard in Glenn Frey's 1985 hit song Smuggler's Blues: "I'm sorry it went down like this, someone had to lose, It's the nature of the business, it's the smuggler's blues," sooner or... Posted on October 10, 2009 at 08:37 am by Jim Jenkins
Aug 24
Reasonable Expectation of Privacy at Police Stations

A corollary issue to the blog written below, "Recording Telephone Conversations and Communications in Florida," about the recording of telephone conversations is a person's reasonable expectations of privacy in police stations and in the back of police squad cars. People being interviewed or detained should be aware there is no right to a reasonable expectaion of privacy in their conversations in either of these locations. Most squad cars these days are equipped with recording devices that... Posted on August 24, 2009 at 12:21 pm by Jim Jenkins

Rank This Week: 1014

Orlando Car Accident Lawyer Blog

Orlando Car Accident Lawyer Blog covers all aspects of injury law pertaining to car accidents, car insurance, and truck accidents. Published by Ward & Caggiano, PA of Orlando, Florida.

http://www.orlandocaraccidentlawyerblog.com/

Nov 9
Choose the Right Doctor After Your Orlando Car Accident

Choosing well-qualified, caring doctors quickly is important for your health and for your car accident claims. As Orlando car accident lawyers, many of our clients have no health insurance; many have no doctor; and, they do not know where they should go for medical care following a car accident. We interact with the best medical doctors in the Orlando area; and, we can provide critical guidance when it counts. The sad truth is many doctors refuse to see car accident victims, especially those... Posted on November 9, 2009 at 04:15 am by Tony Caggiano
Sep 10
Orlando Auto Accident Doctor & Car Accident Clinic

If you need to see a doctor after an Orlando auto accident, but you do not have insurance, where should you go? If you have insurance, but you do not have an orthopedic doctor, or a pain management doctor, who should you see? Should you go to a chiropractor for your neck or back pain? As Orlando car accident lawyers, we interact with the best medical doctors in the Orlando area; and, we can provide critical guidance when it counts. Call or email us immediately after your car accident for free,... Posted on September 10, 2009 at 01:10 pm by Tony Caggiano
Jul 10
Settle Your Orlando Car Accident Case Quickly!

If you have been in an Orlando car accident you need a lawyer who has tried many cases and has achieved multi-million dollar settlements and verdicts. You do NOT need a slick lawyer making empty promises. You do not deserve to be treated like a "number." As Orlando car accident lawyers, countless individuals have contacted us and complained about lawyers who would never return their calls, lawyers who would not try their case and lawyers who wanted to settle their car accident case for a... Posted on July 10, 2009 at 05:33 am by Tony Caggiano

Rank This Week: 1028

Florida Injury Lawyer Blog

Covers automobile accidents, class actions, products liability, workers compensation and other personal injury topics. By Flaxman & Lopez.

http://www.floridainjurylawyerblog.com/

Oct 29
Halloween Can Mean Injuries to Minors and Children

Many families are rightly concerned about the dangers to small children during the Halloween season. However, older children and teens also face several risks during this time of years: 1) Burn injuries. Children of all ages can burn themselves on candle decorations, dry ice used to decorate a punch bowl, jack o' lanterns, and other Halloween accessories. Thin, flammable costumes only add to the dangers. Even makeup and face painting can cause skin reactions and burns if the chemicals used are... Posted on October 29, 2009 at 07:09 am
Oct 27
Protect Your Trick or Treaters from Personal Injuries

If your children will be trick or treating this Halloween, you will want them to have an enjoyable time. A great Halloween means an injury-free Halloween, which is why you will want to have these tips on mind when you enjoy the holiday: 1) Consider parties rather than trick or treat excursions. Many families are now having parties rather than taking their children door to door. Parties allow you to supervise your children in a very controlled environment. This can be much safer than going door... Posted on October 27, 2009 at 07:06 am
Oct 22
Avoiding Halloween Burn Injuries

Although Halloween is a time to watch scary movies and listen to ghost stories, these are not the real dangers of this time of year. Although many parents carefully check their children's candy for tampering, even candy safety does not cause as many injuries as fire during Halloween. For many children and teens, fires and burn injuries are the real personal injuries which are a risk at this time of year. There are many things that parents can do to help prevent these common injuries: 1) Light... Posted on October 22, 2009 at 07:05 am

Rank This Week: 1046

Florida Mediator

A mediator weblog dedicated to Florida's certified mediators. By Perry S. Itkin.

http://floridamediator.blogspot.com

Aug 17
The Florida Supreme Court Residential Mortgage Foreclosure Task Force Issues Final Report!

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]. Print 0 46 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99;... Posted on August 17, 2009 at 11:57 am by Perry S. Itkin, J.D., M.S.
May 14
2009 MEAC Opinions [and Others] - Online!

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... Posted on May 14, 2009 at 06:13 pm
Aug 28
Mediation & Medication

"What drugs are you on?" Is this a good question for a mediator to ask a party? No. Okay, how about "are you juiced?" No. Okay, how about "have you taken your meds today?" Not much better. Should mediators engage in the practice of asking parties about their medications and is this something to be concerned about? Actually, yes. According to this article in the National Law Journal entitled "What's Your Juror Taking." As the percentage of Americans taking various medications skyrockets, some... Posted on August 28, 2008 at 11:46 pm

Rank This Week: 1075

Abstract Appeal

Covers Florida Law and the Eleventh Circuit Court of Appeals. By Matt Conigliaro.

http://abstractappeal.com

Aug 6
Fifth District Appointment

Congratulations to Indialantic's Judge Bruce Jacobus. Yesterday, Governor Crist appointed Judge Jacobus to the Fifth District. Judge Jacobus spent the last 14 years as a judge with the 18th Judicial Circuit. He takes the seat vacated when Judge Pleus retired. You can read the Governor's press release announcing the appointment here. Posted on August 6, 2009 at 01:45 am by Matt Conigliaro
Aug 6
Fifth District: Grandparental Custody

Can grandparents obtain primary residential responsibility over their grandchildren, better known as custody, without adopting them? Yes, explained the Fifth District in this decision, which involved a mother who consented to the placement and a father whose identity was allegedly unknown. Posted on August 6, 2009 at 01:40 am by Matt Conigliaro
Aug 6
Fifth District: Great Way To Lose, Treating Physician Discovery

I recently posted on a Fifth District decision that seemed a bad way to win. Well, here we have a decision from the same court that seems like a great way to lose. The case involved a certiorari petition seeking relief from a trial court's order denying discovery. The order refused to permit the petitioner to obtain bias discovery regarding the respondent's treating physicians' involvement with Posted on August 6, 2009 at 01:35 am by Matt Conigliaro

Rank This Week: 1080

Florida ERISA Blog

Covers recent developments in ERISA and employee benefits law in Florida. By Marcus Castillo.

http://floridaerisa.blogspot.com

Apr 11
New 11th Circuit Fiduciary Duty Case

The scope of ERISA's fiduciary duties was recently analyzed by the Eleventh Circuit in Cotton v. Massachusetts Mutual. The plaintiffs in Cotton accused the carrier of misrepresentation, fraud and promissory estoppel and sought equitable relief requiring that certain life insurance policies perform as described in a whole life policy presentation. The District Court in this case, while rejecting a benefits claim as well as promissory estoppel and individualized fiduciary breach relief, held that... Posted on April 11, 2005 at 09:36 am by Marcus Castillo
Mar 4
The Heightened Arbitrary and Capricious Standard

Long time no blog - got a bit behind with a 2-week flu bug and the game of catch up that followed. As I previously suggested the "standard of review" can drive the ultimate outcome in an ERISA benefits case. Many close cases involve the so-called "heightened arbitrary and capricious" standard of review. This is where the plan decision maker, although protected by discretion-granting language in the plan document, operated under a conflict of interest. The 11th Circuit has taken the position... Posted on March 4, 2005 at 04:00 pm by Marcus Castillo
Feb 3
ERISA Seminar

If you're interested in a general ERISA overview seminar consider attending the Labor and Employment Law Section's Certification Review Course in Orlando. I'll be giving a presentation entitled "ERISA / COBRA". You can find the brochure here. Posted on February 3, 2005 at 06:06 pm by Marcus Castillo

Rank This Week: 1204

Florida Bankruptcy Lawyer Blog

Covers bankruptcy crimes, consumer protection, credit card report errors, debt collection law, foreclosure defense, and fraud alerts. By Florida bankruptcy lawyers, The Dellutri Law Group.

http://www.floridabankruptcylawyerblog.com/

Oct 15
Dellutri Law Group Attorneys On Fox 4 Rising

Yesterday morning Attorney Carmen Dellutri and David Lampley were on Fox 4 Rising discussing the Dellutri Law Group's Mortgage Modification workshop, held at Florida Rural Legal Services in Fort Myers. For more information on when and where this workshop is held, please visit Fox 4 Rising, or contact out office at 239-939-0900 Ext. 237. Posted on October 15, 2009 at 07:27 am by Carmen Dellutri
Sep 29
Dellutri Law Group To Start A Fair Credit Reporting Act Blog

The Dellutri Law Group is getting ready to start a New Blog focusing on the Federal Fair Credit Reporting Act. Our Fair Credit Reporting Act Blog can be found at: www.faircreditreportingactblog.com Please check it out and tell us what you think? It should be active in 7 to 10 days. The Fair Credit Reporting Act Blog will focus on all aspects of Credit Reporting. This post was submitted by Carmen Dellutri, Esq., founder of The Dellutri Law Group, P.A. Currently, the firm has offices in Port... Posted on September 29, 2009 at 05:26 am by Carmen Dellutri
Aug 22
Bankruptcy Exemptions In Florida Part 1 - Homestead

When you file for bankruptcy, a bankruptcy estate is created (11 U.S.C. 541). Individuals are allowed to protect items of personal property, cars and equity in real estate from their creditors. The process is called claiming an exemption or exemption planning. When an item is claimed as exempt, the property is theoretically removed from the bankruptcy estate and is no longer available to pay the claims of creditors. If you are a Florida resident or have lived here for at least two years prior... Posted on August 22, 2009 at 08:39 am by Carmen Dellutri

Rank This Week: 1220

Cruise Ship Law Blog

Covers cruise passenger and crew safety, seafarer conditions, maritime law and all types of injuries at sea. By Lipcon, Margulies & Alsina, P.A.

http://blog.lipcon.com/

Nov 16
Cruise Ship Rescues Seattle Couple In High Seas

A Seattle couple in danger of drowning on the high seas was rescued by a cruise ship over the weekend. Christopher Miller and Brandy Meissner were about 400 miles from Hawaii when bad weather, high winds and powerful waves all threatened to swamp their 38-foot boat. They deployed their life rafts -- put on survival suits -- and sent out a distress signal. As the couple huddled together with their two dogs in the middle of the ocean, the Carnival cruise line's Golden Princess appeared and hauled... Posted on November 16, 2009 at 10:51 am by Lipcon Law Firm
Nov 13
Oasis of the Seas wows the crowds as it docks at Port Everglades

Oasis of the Seas, larger than life on the ocean's horizon Friday morning, swaggered into Port Everglades, sounding her horn as a crowd of onlookers at John U. Lloyd State Park beach let out a cheer. "Wow!" cried one early riser, joining revelers with binoculars and blankets to greet the 225,000-ton megaship. "It's so amazing!" shrieked another. "It's huge." The world's largest cruise ship was accompanied by a flotilla of small boats and doused by water cannons as she headed into her new home... Posted on November 13, 2009 at 07:55 am by Lipcon Law Firm
Nov 11
Woman 'buzzed' night of alleged cruise ship attack

A Kansas City woman who claims a headwaiter for a Princess Cruise Lines ship sexually assaulted her when she was a passenger told jurors today in Los Angeles federal court she was "buzzed" the night of the alleged attack. Portuguese national Jorge Manuel Teixeira, 39, is charged in U.S. District Court in downtown Los Angeles with aggravated sexual assault. Federal law allows for the prosecution of those accused of attacking U.S. citizens on the high seas. In court today, the alleged victim told... Posted on November 11, 2009 at 06:39 am by Lipcon Law Firm

Rank This Week: 1238

Avera Law Firm Blog

Covers legal and legislative issues concerning personal injury.

http://www.avera.com/blog.html

Nov 6
McDonalds...Hot Coffee...and the lies that followed

Posted on November 6, 2009 at 08:44 am
Oct 13
Changing the Mind of the Health Insurance Company

Posted on October 13, 2009 at 07:55 am
Oct 6
Wrong choice to Regulate Truck Safety?

Posted on October 6, 2009 at 08:26 am

Rank This Week: 1291

Florida Eminent Domain Law Blog

Covers eminent domain and property rights. By Brigham Moore.

http://blog.eminentdomain.com/

May 5
Florida Legislature Seeks An End To Nation's Last Alien Land Law

In the 2009 session the Florida Legislature, via joint resolution of the House and Senate, proposed an amendment to the Florida Constitution which would eliminate the last alien land law remaining on the books in the United States of America. To do so, the Legislature seeks to place a proposed amendment on the next statewide ballot to eliminate an antiquated constitutional provision which allows the legislature to regulate or prohibit the ownership, inheritance, disposition, and possession of... Posted on May 5, 2009 at 12:41 pm
Sep 15
Private Corporations in Florida Wield The Government's Power of Eminent Domain

/**/ From the outer reaches of the panhandle, down to the tip of the Florida Keys, and in all places in between, Floridians should expect to see more and more visible signs of an increase in expansion activities by private utility companies in the coming months, particularly in the area of energy infrastructure. Providers of electric power and natural gas are seeking to improve and expand Florida's energy infrastructure in an effort to catch up with the state's rapid growth of the last ten... Posted on September 15, 2008 at 08:07 pm
Sep 15
Private Corporations in Florida Wield The Government's Power of Eminent Domain

/**/ From the outer reaches of the panhandle, down to the tip of the Florida Keys, and in all places in between, Floridians should expect to see more and more visible signs of an increase in expansion activities by private utility companies in the coming months, particularly in the area of energy infrastructure. Providers of electric power and natural gas are seeking to improve and expand Florida's energy infrastructure in an effort to catch up with the state's rapid growth of the last ten... Posted on September 15, 2008 at 08:07 pm

Rank This Week: 1312

Florida E-Discovery

Covers electronic discovery in Florida. By Tom Sadaka and Joel Rothman.

http://e-discoveryflorida.com

Jul 30
Legal Management: Top Ten E-Discovery Trends

From the article in Legal Management: 1. "E-discovery Teams" Are Coalescing 2. Early Case Assessments Become Mainstream 3. "Search" Goes Under the Microscope 4. E-discovery Moves In-House 5. Review Mantra: "Smarter Not Harder" 6. The Standard of Care Is Rising - Rapidly 7. ESI Expands Well Beyond E-mail 8. Custodial Data Increases by Orders of Magnitude 9. Automated Document Review 10. Vendors Struggle to Adapt to the Evolving Landscape To read the article, click here. Posted on July 30, 2008 at 06:09 am by Joel
Jul 24
iPhone Forensics book

iPhone Forensics: Recovering Evidence, Personal Data & Corporate Assets is a new book from O'Reilly Media that "gives IT professionals, security personnel, and law enforcement the knowledge needed to conduct forensic analysis of an iPhone." This book shows the reader how to recover sensitive information from the device and perform disaster recovery, and walks the reader through various scenarios for recovering different types of information. With this guide, the reader will be able to... Posted on July 24, 2008 at 06:53 am by Joel
Jun 9
Two new e-discovery cases

Two new cases summarized over at K&L Gates Electronic Discovery Blog: Production of Privileged ESI Effected Waiver: Victor Stanley, Inc. v. Creative Pipe, Inc., 2008 WL 2221841 (D. Md. May 29, 2008 and Party that Sought Metadata Only After Production of Document in .PDF and Paper Formats Not Entitled to Native Production: Autotech Techs. Ltd. P'ship v. Automationdirect.com, Inc., 248 F.R.D. 556 (N.D. Ill. 2008). Posted on June 9, 2008 at 10:20 pm by Joel

Rank This Week: 1379

The Law Planet Blog

Discusses investment, labor, and employment law, as well as securities arbitration, stockbroker issues, and legal technology. By LaBovick & LaBovick.

http://blog.thelawplanet.com/

Nov 20
ormer Chairman found guilty in $8.6 billion fraud

Former McKesson executive, Charles McCall can now join the Bernie Madoff Club for Investment fraud. Yesterday he was found guilty of fraud that cost investors $8.6 billion. McCall is a former Chairman of the McKesson Corp. A San Francisco jury found him guilty of securities fraud and violating accounting rules. On a positive note he was acquitted on falsifying records. His sentencing will take place next March. Read the Bloomberg article to learn more on the Securities charges against Mr.... Posted on November 20, 2009 at 04:06 am by LaBovick Law
Nov 20
Former Chairman found guilty on securities fraud charges for $8.6 billion fraud

Former McKesson executive, Charles McCall can now join the Bernie Madoff Club. Yesterday he was found guilty of investment fraud that cost investors $8.6 billion. McCall is a former Chairman of the McKesson Corp. A San Francisco jury found him guilty of securities fraud and violating accounting rules. On a positive note he was acquitted on falsifying records. His sentencing will take place next March. Read the Bloomberg article to learn more on the Securities charges against Mr. McCall and his... Posted on November 20, 2009 at 04:06 am by LaBovick Law
Nov 20
Financial Services Divsion - Investment Fraud Seminar a Success

I am pleased to announce that yesterday our Investment Fraud Seminar in West Palm Beach was a huge success. It was held in the beautiful Phillips Point Club. The beautiful intracoastal was a great backdrop for this well attended Seminar. The 4 hour seminar, Investing in a Post Madoff Environment: Financial Fraud: How it's accomplished, how to detect it, and how to recover from it was attended by over 100 people from South Florida. The attendees included, CPAs, Attorneys, Bankers, Financial... Posted on November 20, 2009 at 03:08 am by LaBovick Law

Rank This Week: 1429

Florida Probate Blog -...

Florida Probate Blog - WeProbateFlorida.com

Covers Florida probate administration. By Long H. Duong.

http://weprobateflorida.com

Nov 13
Why Summary Administration is NOT always the best choice

In a nutshell, Summary Administration in Florida is a type of probate proceeding for small estates. To be eligible: The estate must contain less than $75,000 in non-exempt assets (typically, assets other than the decedent's home) OR At least 2 years have passed since the date of death No brainer right? Not exactly. Lately, I've had to remind clients and prospective clients that summary administration has disadvantages. Not long ago, I discussed the pros and cons of summary administration vs.... Posted on November 13, 2009 at 09:38 am by Long
Oct 1
A year ago on WeProbateFlorida.com

Time to get into the "wayback machine!" For your reading enjoyment, here are a handful of popular posts from past years on WeProbateFlorida.com. 2008 Florida Probate Forms - Where can I find them? How to "prove" a Will in Florida Probate Court Florida Probate FAQ in under 60 seconds Florida Probate Tip #1: Read the Will carefully! 2007 Florida Probate Myths - A trust always avoids probate in Florida "Quick" Q&A - What happens if I can't find the Will? Can't find the Will? A few tips! How to... Posted on October 1, 2009 at 10:30 pm by Long
Jul 27
Florida probate – Summary or Formal Administration? A simple analogy

Florida probate administration has two (2) primary types: Summary Administration or Formal Administration So which do you choose? The red pill or the blue pill? Neither. The analogy doesn't really fit (I just liked the photo). Here's a better analogy (I hope): Summary Administration is like a closet: Open closet door Reach in to grab what you need Close closet door Formal Administration is like a hallway: Open hallway door Walk down the hallway Take care of tasks along the way Exit door at the... Posted on July 27, 2009 at 05:01 am by Long

Rank This Week: 1468

Florida Divorce & Family Law...

Florida Divorce & Family Law Blog

Covers current events related to divorce and family law matters in Florida. By Christine Bauer.

http://bauerfamilylaw.blogspot.com/

Nov 10
Alimony....Till Death Do Us Part?

In a long term marriage, when permanent periodic alimony is a given, we often speculate when someone can retire and possibly eliminate or severely reduce a monthly alimony amount. Often times, if someone retires at a normal retirement age, alimony can be eliminated or reduced at retirement. However, a judge in Massachusetts has ruled that a person may have to continue working or seek part-time Posted on November 10, 2009 at 03:30 am by Christine Bauer
Sep 22
Feline and Canine Victims in Divorce

There are always victims of collateral damage in a divorce, and sometimes the victims are the family pets. I have seen couples fight over who is going to get the animals in a divorce and in other circumstances, people decide to give their animals up because there is either too much going on and neither party can take care of them, or it is decided that it is too expensive to continue to care for Posted on September 22, 2009 at 10:38 am by Christine Bauer
Sep 20
Divorce and Depression

I read an article online about a man in California who murdered his two children and then took his own life. He was going through a divorce and had recently lost his job. From the articles that I read, no one said whether there were signs that this gentleman was depressed, acting unusual or had a violent history. I see many people come through my office who are depressed, angry, lonely, or Posted on September 20, 2009 at 01:10 pm by Christine Bauer

Rank This Week: 1478

Florida Family Law Blawg

Covers Florida family law cases and news. By Christopher Chopin.

http://flafamlaw.blogspot.com/

Jun 13
Fifth DCA Rejects Support Arrearage

In the Wales v. Wales opinion issued Friday, the Fifth District rejected an award of support arrearages based on the lack of support in the record for the award and the lack of any testimony that the Wife's needs were not met during the subject period. Posted on June 13, 2009 at 06:39 pm
Jun 13
Fifth District Rejects Timesharing, Rehabilitative Alimony, Attorneys Fee Award

The Fifth DCA ruled Friday in Lovell v. Lovell, and in so doing rejected several parts of the ruling below. First and foremost, the Fifth found error with the lower tribunal's ruling prohibiting the children from exposure to the Husband's new wife during timesharing, despite the lack of any evidence of detriment from such contact. Next, the Court rejected an eight year, four thousand dollar a month rehabilitative alimony award (but not the award itself) as needing a clearer plan for... Posted on June 13, 2009 at 06:37 pm
Jun 10
Fifth District Finds Error in Failure to Set Religious Timesharing Schedule

The Fifth District Court last week issued a substituted opinion in Arcot v. Balaraman. Of particular interest was the fact that both parties were practicing Hindis, and the lower tribunal was specifically found to have erred in failing to set a schedule for the children to observe the religious holidays respected by that religion. This would of course seem to apply to any children traditionally raised as practicing members of virtually any faith. Posted on June 10, 2009 at 04:15 am

Rank This Week: 1535

The Florida Jury Selection Blog

Covers voir dire, cause challenges, juror concealment, non-verbal behavior, and peremptory challenges.. Edited by Robert W. Kelley.

http://www.juryblog.com

May 14
“Hearing About” Murder Case Not Enough for Cause Challenge

Yesterday the Fourth District Court of Appeal upheld the trial court's denial of a challenge for cause directed at a potential juror in a case involving murder-for-hire. In Samuels v. State, __ So. 2d __ (Fla 4th DCA, May 13, 2009), the Court reaffirmed the longstanding rule that if there is any reasonable doubt about a juror's ability to render an impartial verdict the juror should be stricken for cause. As noted by the Court, close cases on this issue should be resolved in favor or excusing... Posted on May 14, 2009 at 09:00 am by Bob Kelley
Apr 20
Maximizing The Power of Peremptory Strikes

The law concerning the use of peremptory challenges in jury selection has been changing in recent years. There is a vast difference between Florida law and Federal law in this area. While "Cause is Still King," the effective use of peremptory challenges can make or break the outcome of a trial. As Justice Adkins wrote in the seminal case of Ter Keurst v. Miami Elevator Company, 486 So. 2d 547 (Fla. 1986), "In the trial of a case the jury selection and voir dire examination are just as critical... Posted on April 20, 2009 at 06:02 am by Bob Kelley
Apr 15
SCOTUS Upholds Verdict of Improper Foreperson

Late last month the United States Supreme Court upheld the murder conviction of a man, Michael Rivera, who was convicted by a jury whose foreperson, Deloris Gomez, was improperly allowed to sit on the jury. Rivera v. Illinois, 556 U.S. __ (2009). During jury selection, Rivera's attorney properly attempted to use one of his peremptory strikes against Gomez, but the trial judge wrongfully refused to allow the strike, erroneously believing the challenge was discriminatory since Gomez was a black... Posted on April 15, 2009 at 05:31 am by Bob Kelley

Rank This Week: 1536

Jacksonville Criminal Attorney...

Jacksonville Criminal Attorney Blog

Covers bonds, DUI, drug crimes and probation. By Mussallem and Forbess, P.A.

http://www.jacksonvillecriminalattorneyblog.com/

Nov 22
Sex Crime Statistics in Northeast Florida

Rape is defined as sexual contact without consent. Here are the statistics from the first six months of 2008 and 2009: Reported Rapes Jacksonville/Duval County 2008 - 133 2009 - 113 St. Augustine/St. Johns County 2008 - 11 2009 - 9 Clay County/Green Cove Springs/Orange Park 2008 - 44 2009 - 57 Nassau County/Fernandina Beach/Amelia Island 2008 - 2 2009 - 1 It is very easy to get arrested for a sex crime in Jacksonville. Unlike most other crimes, there is little evidence in sex crimes. It is... Posted on November 22, 2009 at 04:32 am
Nov 21
Lewd Battery - Consensual Sexual Activity

If you are an 18 year-old boy and have sex with someone from your high school who is under 16 years-old, you can be arrested for a sex charge in Florida. The crime is called lewd battery with consensual sexual activity with someone over 12 and under 16. This is a second degree felony punishable for up to 15 years in prison. This felony will also subject the defendant to becoming a sex offender in Florida. In order to prove this sex crime in Jacksonville, the prosecutor has to show that the... Posted on November 21, 2009 at 06:05 am
Nov 20
What is the difference between an adjudication of guilt and a withhold?

If you are arrested in Jacksonville or anywhere in Florida and enter a plea to the crime, the judge can either withhold adjudication or adjudicate you guilty. If the judge withholds adjudication, you are not convicted of the crime. If the judge adjudicates you guilty, you have been convicted. The judge can withhold adjudication more than once if the crime is a misdemeanor. The only exception is a DUI because the legislature mandates an adjudication of guilt on every DUI in Florida. If you were... Posted on November 20, 2009 at 05:56 am

Rank This Week: 1686

Florida DUI Traffic Ticket Lawyer...

Florida DUI Traffic Ticket Lawyer Blog

Covers dui, drunk driving, and trafic tickets. By Finebloom & Haenel, P.A.

http://www.floridaduitrafficticketlawyerblog.com/

Nov 21
PINELLAS TRAFFIC BLOG: Skyway Bridge Chase Leads To Multiple Charges

Last weekend law enforcement officers were led on a chase over the Skyway Bridge as they pursued two men, one of which turned out to be a 15-year-old. According to a story in the Sarasota Herald Tribune the pair were trying to elude officers in a stolen car. A 21-year-old named Lashay Cooper who is a Bradenton resident was arrested but the 15-year-old was not apprehended. The chase began when law enforcement tried to arrest the teenager at the Hall nightclub in Palmetto due to the fact there... Posted on November 21, 2009 at 08:18 am by Darren Finebloom
Nov 20
FLORIDA TRAFFIC BLOG: Governor Crist Throws His Political Weight Behind Texting And Driving Ban

Banning the practice of texting and driving in Florida is not new but the few attempts that have been made to pass a law banning texting while driving have failed. That may be changing. Sensing a shift in public opinion the tide was starting to change but on Wednesday lawmakers in favor of the ban got a huge boost from Florida Governor Charlie Crist. According to a Bradenton Herald story, Crist did everything but come out and say he wants a ban on text messaging while driving during a cabinet... Posted on November 20, 2009 at 08:08 am by Darren Finebloom
Nov 19
PINELLAS TRAFFIC BLOG: St. Pete Man Rolls Through A Stop Sign And Crashes Into A Police Car

Joshua Harris was arrested in Pinellas County last night following a traffic accident with a police cruiser. The 32-year-old St. Petersburg resident apparently rolled through a stop sign in Lealman and crashed into a police cruiser according to a story on TampaBay.com. Following the car accident Harris attempted to leave the scene but he was quickly caught. The accident occurred just after 6:00 p.m. and took place at 54th Avenue N. and 39th Street. Investigators think alcohol may have been... Posted on November 19, 2009 at 07:31 am by Darren Finebloom

Rank This Week: 1711

Florida Criminal Defense Attorney...

Florida Criminal Defense Attorney Blog

Covers criminal law news and events. Published By Florida based lawyers, Finebloom & Haenel, P.A.

http://www.floridacriminaldefenseattorneyblog.com/

Nov 21
TAMPA CRIMINAL BLOG: Couple Charged With Aggravated Battery On A Law Enforcement Officer

A Tampa pair were arrested following an incident where they rammed their car into a police cruiser trying to avoid an arrest, according to a story on TBO.com. John Carnegie, the 21-year-old driver of the car, was allegedly involved in a neighborhood dispute possibly involving a shotgun. When police tried stopping the man he drove straight at the officer's police car. After Carnegie hit the police car he and his passenger both abandoned the vehicle and tried to flee on foot. Carnegie was found... Posted on November 21, 2009 at 08:02 am by Darren Finebloom
Nov 20
TAMPA CRIMINAL BLOG: Domestic Battery Suspect Crashes Into Police Cruiser At Stop Light

A Hillsborough County Sheriff's deputy was waiting at a stop light when a car crashed into him from behind. Both the deputy and the driver were injured in the collision, although neither was seriously hurt. According to Bay News 9, police believe the man driving the car rammed the sheriff's deputy on purpose. The suspect, whose name was not released at the time, is believed to be a suspect in a domestic violence case. He has been taken into custody. The car crash took place at Anderson Road and... Posted on November 20, 2009 at 07:47 am by Darren Finebloom
Nov 19
CLEARWATER CRIMINAL BLOG: Police Arrest 23 On Drug Charges In Six Pinellas Strip Clubs

A six-month investigation into drug sales at six Pinellas County strip clubs culminated in 23 arrests Tuesday. "Operation Adult Use" was an undercover operation that involved narcotics detectives with the Pinellas County sheriff's office. The operation netted dancers, employees and customers. According to the St. Pete Times they are accused of selling cocaine, anxiety drugs and painkillers. According to the police most of the drugs being sold were prescription drugs, mainly oxycodone and... Posted on November 19, 2009 at 07:21 am by Darren Finebloom

Rank This Week: 1713

Cruise Law News

Coveres admiralty law and cruise ship accidents & injuries. By James M. Walker of Walker & O'Neill.

http://www.cruiselawnews.com/

Nov 21
Seven Questions to Ask Royal Caribbean Executives Regarding Oasis of the Seas

At this moment, the Oasis of the Seas is sailing with newspaper reporters, travel writers, cruise bloggers, and other cruise enthusiasts. They are tweeting their observations on Twitter under the hashtag #oasis. One of the tweters is @johnnyjet who has a nice travel portal called JohnnyJet.com. He posted a photograph of the Royal Caribbean executives (below) answering questions on the cruise ship. He also asked the Twitter Kingdom for some "good" questions to ask the Royal Caribbean "execs."... Posted on November 21, 2009 at 07:33 am
Nov 21
Family Wins Battle Against Cruise Ship Industry After Daughter's Disappearance

AF Family.com in Phoenix, Arizona reports on the story of the family of Merrian Carver, a 40 year old who "disappeared" from a cruise ship. The cruise line, Royal Caribbean, tried to cover the incident up. The Carver family fought back. And won. We have commented on the Carver family's struggle and other "disappearances" in a prior article. ABC News / Primetime published a story on this case called "Cruise Cover-up? - Cruise Line Doesn't Notify Anyone When Woman Disappears On Second Day of... Posted on November 21, 2009 at 04:52 am
Nov 20
Love Boat Waiter Acquitted of Sexually Assaulting Passenger

On Thursday, a Los Angeles Federal Court jury acquitted a headwaiter working for Princess Cruises of sexually assaulting a woman passenger during a cruise on the Coral Princess. A woman from Kansas City accused Princess Cruises crew member Jorge Manuel Teixeira (from Portugal) of sexually assaulting her during a cruise last March between Fort Lauderdale and Los Angeles, while the ship was at sea off the coast of Mexico. Another Cruise Crime At Sea Goes Without Justice? The daily Breeze... Posted on November 20, 2009 at 07:39 pm

Rank This Week: 1715

Miami Criminal Lawyer Blog

Covers federal and state criminal offenses, DUI, tax crimes and vehicular manslaughter. By Pensky & Kim, P.A.

http://www.miamicriminallawyerblog.com/

Nov 20
Defending yourself Against Murder Charges

Every defendant deserves the very best Miami criminal lawyer possible when facing a homicide or murder conviction. The consequences of such a conviction can be so harsh and life altering, that it is certainly in your best interest to ensure that you have the best Miami legal defense possible. Each and every week, the news reports are filled with individuals who have been exonerated by DNA tests or new evidence after they unfortunately spent years in prison. While it is certainly wonderful that... Posted on November 20, 2009 at 09:00 pm by Pensky & Kim
Nov 18
FBI Agent Arrested for Driving Under the Influence in a Government Vehicle

A Florida FBI agent was pulled over in a government car and arrested and charged for driving under the influence (DUI). Now, forty nine years old, Jorge Miyar has been a part of the Florida FBI for twenty three years. Miyar was at a DUI checkpoint that was scheduled for him when he ran over a curb while trying to drive through the appointed cones. It was stated by the police that Miyar smelled strongly of alcohol and was clearly impaired. Miyar failed the sobriety tests he was given and refused... Posted on November 18, 2009 at 09:00 pm by Pensky & Kim
Nov 16
Miami DUI Lawyer – Escaping the Miami Heat

An increasing number of people reveling in our city's sun and fun wind up considering a Miami DUI lawyer a real hero. Most people who find themselves arrested for drunk driving don't expect it to happen to them, but studies show that binge drinking is on the rise among several age groups. So it's no coincidence that local police are casting a wider net. In Florida, a police officer can request any motorist to take a blood, urine or breath test as part of the state's Implied Consent Law.... Posted on November 16, 2009 at 09:01 pm by Pensky & Kim

Rank This Week: 1742

Fort Lauderdale Divorce Lawyer...

Fort Lauderdale Divorce Lawyer Blog

Covers divorce, custody, and child support. By Sandy T. Fox, P.A.

http://www.fortlauderdaledivorcelawyerblog.com/

Nov 20
Divorces Are Slow In Miami-Dade And Broward Due To South Florida Economy

The Miami Herald is reporting that many couples in Miami-Dade, Broward and South Florida are staying together or appearing pro se (without a lawyer) because they are unable to pay a divorce attorney. Some divorce lawyers in Aventura, Sunny Isles Beach, Miami, Hollywood and Fort Lauderdale state that their divorce business is down as much as 35%. In addition, many potential new clients do not appear for their consultation because they are embarrassed that they can not afford the consultation... Posted on November 20, 2009 at 05:23 pm by Sandy T. Fox
Nov 19
The Effect Of A Supportive Relationship On Permanent Alimony After A Ft. Lauderdale Divorce

During a Broward divorce, your Fort Lauderdale divorce lawyer may request that you be awarded alimony. A Florida marital and family court can award you bridge-the-gap, temporary, lump sum, rehabilitative or permanent periodic alimony. However, after the conclusion of your Broward divorce case, one spouse may have their Broward child support, child custody and divorce attorney ask the judge to reduce or terminate the alimony because of a statutorily created supportive relationship. In... Posted on November 19, 2009 at 06:56 pm by Sandy T. Fox
Nov 15
Recovering After Your Fort Laudedale Divorce

Your divorce in Broward was most likely an extremely difficult process. While your Fort Lauderdale divorce attorney is not your therapist, it is important for you to let go and move on after your divorce. You should learn to incorporate different specific skills to assist you with emotionally recovering after the child custody, time-sharing, alimony and child support aspects of your Cooper City divorce. You should take back control of your life by letting go of the pain, resentment and regret.... Posted on November 15, 2009 at 08:44 pm by Sandy T. Fox

Rank This Week: 1756

Florida Criminal Lawyer Blog

Covers DUI and traffic tickets. By Leifert & Leifert.

http://www.florida-criminal-lawyer-blog.com/

Nov 20
Florida Juvenile Defenders Explain Why Children End Up in Adult Jails

As noted in a recent St. Petersburgh Times article, Florida has the highest rate in the nation of locking up children for life even when the crime did not result in death. The state also transfers more children to the adult prison system and tries more juveniles as adults. At its highest point in the mid-nineties, Florida had around eight thousand transfers. Burglary was the crime that most commonly got juvenile offenders into the adult justice system. Florida is among the 15 states that give... Posted on November 20, 2009 at 09:40 am by Leifert & Leifert
Nov 18
Criminal Record Poses Challenge Job Seekers

Our South Florida criminal defense lawyers recently read a Wall Street Journal article that discusses the impact of criminal records on job seekers. Because of increased competition for jobs and the relative ease with which employers can conduct background searches, more and more job applicants are looking for ways to legally clear up their criminal records so they can compete for job openings. According to the article, 80% of companies performed background checks in 2006, while less than half... Posted on November 18, 2009 at 11:10 am by Leifert & Leifert
Nov 17
Florida Criminal Defense Attorney Seeks Recourse for His Arrest

In a Marion County Courthouse earlier this month, a Florida criminal defense lawyer was reportedly handcuffed and arrested by a court bailiff. Henry Ferro says Anthony Riggins violated his civil rights by touching him without permission and falsely arresting him. Ferro was in court to help a client enter a change of plea on a violation of probation when the bailiff told him to move into the audience area. The lawyer apparently left the courtroom, and Riggins followed him outside, where he... Posted on November 17, 2009 at 11:05 am by Leifert & Leifert

Rank This Week: 1817

Florida Injury Lawyer Blog

Covers corporate fraud, defective designs, accidents and product liability. By Searcy Law Firm.

http://www.searcylaw.com/blog

Nov 20
Big Tobacco Doesn’t Like the Truth

You have to love Big Tobacco. Nothing gets them down - no sir! They can cry foul with the best of 'em; even when they get caught with their hands in the cookie jar. First, a jury sees through their smoke and mirrors in a trial down in Fort Lauderdale, Fl. The jury finds in favor of a plaintiff who has and continues to suffer from COPD; awarding over $300 million dollars. We know the jury saw through their smoke and mirrors because they hammered Big Tobacco with over $260 million in punitive... Posted on November 20, 2009 at 08:26 am by Hopkins
Nov 19
Big Tobacco Held Responsible

Today, a Broward county jury delivered a verdict against Big Tobacco that should have sent a message. When jurors in good faith hear the evidence of misconduct, fraud, and deception practiced by the tobacco industry for decades, jurors are willing to render a verdict that relates to the egregious nature of that misconduct. Jurors today found against Big Tobacco in a verdict including over $240 million in punitive damages. These are damages intended to punish the defendant for conduct the jury... Posted on November 19, 2009 at 02:25 pm by Hopkins
Nov 17
Searcy Denney Attorneys Honored as Best in America

Our firm is proud to announce eight of our attorneys have been awarded Best Lawyers in America designations for 2010. Of the eight attorneys, two were named Lawyers of the Year for 2010. Christian (Chris) D Searcy was honored by being recognized as Lawyer of the Year in the area of medical malpractice litigation and F. Gregory (Greg) Barnhart was recognized as Lawyer of the Year in the area of personal injury. Both seasoned and successful litigators, Chris and Greg, are honored to have been... Posted on November 17, 2009 at 01:40 pm by Hopkins

Rank This Week: 1833

South Florida Lawyers

Devoted to the civil litigators of South Florida, their goings and doings, their peculiarities and personalities, all done with humor, love, jealousy, snark and just a little bit of class.

http://southfloridalawyers.blogspot.com/

Nov 20
SFL Friday -- "Mad Men" And Scott Rothstein

To paraphrase Mark Harris, it seems that Scott Rothstein continues to rule our world. Here's the latest: 1. Bill Scherer sues the firm he used to retain for collection matters. Marc Nurik's reaction -- "This is the first I'm hearing of it." (Check out the email Bob Norman dredged up). 2. Judge Stettin says October was a banner month for the firm, with hundreds of millions moving through RRA accounts. 3. RRA is down from 167 employees to 14. Who are the lucky ones, those that are gone or those... Posted on November 20, 2009 at 07:45 am by South Florida Lawyers
Nov 20
It's Motion to Dismiss Day in Banco Santander Land!

Anyone remember that Banco Santander/Madoff suit pending before Judge Huck? Well it looks like the defendants got together and decided to just bombard the court with motions to dismiss. I'm not sure but I think even Judge Huck filed one, that's how many motions there are to wade through. The main one filed by Banco Santander asserts that the allegations of securities fraud do not have a United States nexus and the securities laws cannot apply extraterritorially. It's a pretty interesting read... Posted on November 20, 2009 at 03:37 am by South Florida Lawyers
Nov 20
Taking Google Scholar Out For A Test Drive.

Ok, let's get Rothstein out of the way: John Pacenti and the Herald report on how Scott allegedly bilked this investor just weeks before he took off for Morocco. The purported "investment opportunity" is insultingly stupid: The deal offered a return of eight percent per month for the following four months. It involved a purported lawsuit against California-based Dole, which Faulkner said had settled for $500 million in the face of accusations that it had overstated the percentage of pineapple... Posted on November 20, 2009 at 01:03 am by South Florida Lawyers

Rank This Week: 1842

South Florida Injury Attorney Blog...

South Florida Injury Attorney Blog

Covers injury, accident, and medical malpractice topics. Published by Dade and Broward County, Florida injury lawyers at Cohn, Smith & Cohn.

http://www.southfloridainjuryattorneyblog.com/

Nov 20
Burned Sheriff’s Deputy Sues Over Leaky, Exploding Gas Pump

Last month, I wrote on this blog about a Palm Beach County sheriff's deputy who suffered burns over about 60% of his body after the gas pump he was using simply exploded. Sgt. Richard Ragali was badly burned Oct. 2 during a motorcycle ride to the Florida Keys with a group of friends. When they pulled into a gas station in Marathon, Ragali's Harley slipped in a puddle of gas, triggering an explosion and pinning him underneath the bike. Ragali has been hospitalized at Jackson Memorial Hospital... Posted on November 20, 2009 at 06:24 am by Cohn, Smith & Cohn
Nov 18
Accident With Car Kills Bicyclist in Boca Raton

As a Deerfield Beach bicycle accident attorney, I was sorry to see a short article about a bicyclist's death on the road last week. The South Florida Sun-Sentinel reported Nov. 16 that Danu A. E. White of Delray Beach was killed crossing North Dixie Highway in Boca Raton on Nov. 14. White was hit by a Chevy Impala driven by Aster Michaud of Boca Raton, who was not injured. The article did not give details of the crash, but did say that law enforcement would like more information. Anyone with... Posted on November 18, 2009 at 05:25 am by Cohn, Smith & Cohn
Nov 17
Three Teenagers Dead and One Injured After Unexpected Reversing Puts Car in Canal

As a Pembroke Pines auto accident attorney, I was sorry to see reports of a serious accident affecting four students from Marjory Stoneman Douglas High School in Parkland. According to a Nov. 16 article in the South Florida Sun-Sentinel, Anthony Almonte, Sean Maxey and Robert Nugent died just after midnight on Sunday morning after their vehicle crashed through a guardrail and into a canal off Broken Woods Drive in Coral Springs. The fourth teen in the car, 15-year-old Evan Sinisgalli, was able... Posted on November 17, 2009 at 07:22 am by Cohn, Smith & Cohn

Rank This Week: 1859

The Tax Lawyer's Blog

Covers tax news, laws and cases. By Peter Pappas.

http://blog.pappastax.com

Nov 20
Girls Gone Wild Founder Joe Francis Spanked with $34 Million Tax Lien

WebCPA reports that our pal Joe Francis - the shaper of young teenage minds and other stuff - is being forced into bankruptcy by a whopping $34 million IRS lien: [The] CEO of the company that produces the racy "Girls Gone Wild" video series, is in trouble with the IRS again only weeks after a judge sentenced him [...] Posted on November 20, 2009 at 05:33 am by Peter
Nov 19
Senate Healthcare Bill is also a Big Tax Increase Bill

By way of Paul Caron here are 17 tax increases included in the Senate healthcare bill: 40% excise tax on health coverage in excess of $8,500/$23,000 ($149.1 billion) Employer W-2 reporting of value of health (negligible revenue effect) Conform definition of medical expenses ($5.0 billion) Increase penalty for nonqualified health savings account distributions to 20% ($1.3 billion) Limit health flexible spending arrangements [...] Posted on November 19, 2009 at 08:12 pm by Peter
Nov 19
The Cosmetic Surgery Tax: Is the Senate Healthcare Bill Sexist?

William Jacobson has dug into the tome-like Senate Healthcare bill and found a provision that will impose a 5% tax on all cosmetic surgery: Harry Reid and his Democratic band of friends want to impose a 5% excise tax on all elective cosmetic surgeries (those which are not needed to repair deformaties or injuries caused by an [...] Posted on November 19, 2009 at 05:58 am by Peter

Rank This Week: 1871

Trademark Lawyer Blog

Covers business franchising, non-compete agreements, patents and trademarks. By Wolf, Atter & Wolf, P.A.

http://www.trademarklawyerblog.com/

Nov 20
Competition is Fierce in The Crowded Coffee Market

In Jacksonville and northeast Florida we have just about all of them-McDonald's, Starbucks, and Dunkin Donuts; I am talking about the major franchises in the growing business of selling specialty coffee drinks. Recently, I posted a blog on succeeding in difficult economic times by finding a niche (Lucrative Niches +Established Marketplaces =Better Chances for Franchise Success). In that blog I explained that one way to be successful in a tough economy is by finding a niche that separates your... Posted on November 20, 2009 at 05:28 am by Jo-Anne Yau
Nov 19
Burger King Facelift--It’s Required!

Miami, Florida based burger franchisor Burger King, the second largest burger food chain in the United States, recently announced it plans to remodel and redesign its 12,000 restaurants worldwide. The 20/20 design-and no, that is not the popular ABC news program's design-is a determination by Burger King to provide a look that is "contemporary, edgy, and futuristic." The cost of the remodel and redesign isn't cheap; franchisees will have to spend between $300,000 and $600,000 for each... Posted on November 19, 2009 at 05:12 am by Jo-Anne Yau
Nov 17
Big Profits and Big Losses

Let's say you want to start a chain of restaurants in Florida using NBA star Dwyane Wade's name as the name your restaurant, and at times, Wade will make personal appearances at the restaurant. Sounds like a great idea for a start-up restaurant to generate a lot of business, especially, considering the fact that for two years straight Dwyane Wade's jersey has been number one in sales of all NBA players. We all get ideas at times that we think are sure to generate big profits, unfortunately in... Posted on November 17, 2009 at 10:16 pm by Jo-Anne Yau

Rank This Week: 1873

Fort Lauderdale Injury Lawyer Blog...

Fort Lauderdale Injury Lawyer Blog

Covers Florida motorcycle accidents, dog bites, car accidents, and pool accidents. By Citron Legal.

http://www.ftlauderdaleinjurylawyerblog.com/

Nov 20
Teen Car Accidents: Texting and Talking on Cellular Phones the Cause

A study that was recently released showed that half of teens that own cellular phones admit to texting and talking while driving. The study surveyed 800 teenagers that were all 17 years of age. The study displayed some disturbing examples of teen activity that serves to increase the number of car accidents. Some teenagers that were part of the study said that they wear sunglasses when they send text messages while driving so that police officers can't see their eyes. Others stated that they... Posted on November 20, 2009 at 05:21 am by Citron Legal
Nov 19
Accidents on Thanksgiving Day: Not Just "Talking Turkey"

Friends and family are over at the house. People are yelling at the television screen as the football games are being played. Uncle John is drinking wine and passes out hitting his head on the floor. Uncle John's plight is what you can expect on Thanksgiving. Here are the five most common ways to end up in the emergency room on Thanksgiving due to an accident: 1. Choking on a turkey bone - children are especially vulnerable to swallowing and choking on a turkey bone or a large piece of turkey... Posted on November 19, 2009 at 05:29 am by Citron Legal
Nov 18
Dade County School Bus Drivers Told No Text Messaging While Driving

Dade County school bus drivers may be banned from texting on their iPhones and Blackberrys while on the roads except in emergency situations. If the proposal passes it would apply to all county employees driving district owned vehicles. This proposed ban comes after a recent study showed that truck drivers sending text messages on the road were 23 times more likely to have a truck accident or nearly crash than those drivers that were distracted while driving. 19 states (Florida not included)... Posted on November 18, 2009 at 04:48 am by Citron Legal

Rank This Week: 1875

Sports Agent and Sports Lawyer...

Sports Agent and Sports Lawyer Blog

Covers sports law, contract negotiation, and sports agents. By Wolf Sports Management and Koch & Trushin.

http://www.sportsagentlawyer.com/

Nov 20
Sports Agent News: Kenny Johnson Signs Contract

As most readers probably know, I am a sports agent for Wolf Sports Management. So today we are deviating from the norm of bringing you sports agent legal news in order to release the following announcement: Wolf Sports Management, a Fort Lauderdale-based spots agency, has signed Kenny Johnson, a point guard who recently graduated from North Alabama. Kenny is 5-foot-11, and has been characterized as a quick and speedy guard who is not afraid of contact under the basket. He also has a strong... Posted on November 20, 2009 at 03:32 am by Jason B. Wolf
Nov 18
Football Reform - Too Many Brain Injuries

Earlier we blogged about concussions in the NFL and the lasting damage they can cause football players. We just wanted to point out an outstanding, if painful, article about former 49ers lineman George Visger, who is afflicted with hydrocepahlus, or "water on the brain." He even has a shunt in his brain as a result of one too many hits to the brain. Here is a chilling excerpt from the article: Here's the score. Visger's head got knocked around so much playing football, scar tissue formed over... Posted on November 18, 2009 at 02:51 am by Jason B. Wolf
Nov 17
Sports Agents Procure Endorsements for Nothing?

Have you heard about the sports agent who obtained an endorsement for his pro athlete client, but the athlete had to pay money for the privilege of doing the endorsement, instead of the other way around? A new mouth guard on the market, which retails for up to $800, is being presented as a performance boosting mouthguard. Among the endorsers of this product are All-Pro RB Adrian Peterson and NHL Hall of Famer Brett Hull. They not only endorse the product, they have invested in the company, Bite... Posted on November 17, 2009 at 05:48 am by Jason B. Wolf

Rank This Week: 1889

Jacksonville Divorce Lawyer Blog

Covers divorce, child custody, and chid support in Florida. By Wolf, Atter & Wolf, P.A.

http://www.jacksonvilledivorcelawyerblog.com/

Nov 20
TV Food Celebrity (Mary Jo Eustace) Dumped by Husband (Dean McDermott) for TV Star Tori Spelling, Tells All in New Book

TV cooking show host Mary Jo Eustace was not very well known until her husband, actor Dean McDermott, divorced her to marry heiress and famous Hollywood actress Tori Spelling in 2006. McDermott and Spelling met on the set of a lifetime movie they were working on together. Ms. Eustace has said she was taken by surprise when her divorce garnered major media attention. Ms. Eustace has said that her divorce was a shocking surprise as well as very public and humiliating. One of the insults the newly... Posted on November 20, 2009 at 03:25 am by Wood, Atter & Wolf, P.A.
Nov 19
British Couples Recently Break Records for Oldest Divorcees and Oldest Newlyweds

Bert and Jesse Wood had been married for 36 years when they filed for divorce last year in Great Britain. The marriage was the second for both of them, and at the time of the decree of divorce they were both 98 years old - making them the oldest couple on record to divorce. They have not publically stated the reason for their divorce, and their children are not making comments to the press. Wood died shortly after the decree was issued, and Ms. Wood now lives in a nursing home. In the next... Posted on November 19, 2009 at 03:59 am by Wood, Atter & Wolf, P.A.
Nov 18
Murrieta, Georgia – Woman (Teri F. Scott) Allegedly Knifes Other Woman (Unnamed) in Child Custody Argument

According to Murrieta, Georgia Police Sargeant, Jon Flavin, police were called to respond to a fight taking place late one morning. When they arrived at the scene, they found a woman, bleeding from a cut near her right ear. She reportedly told police that she had been attacked with a knife by an acquaintance of hers, during a heated exchange over a child custody issue. Apparently there were children present during the fight. They allegedly witnessed the attack and were put in danger because of... Posted on November 18, 2009 at 03:57 am by Wood, Atter & Wolf, P.A.

Rank This Week: 1892

Marchman Act Blog

News about the Florida Marchman Act. By Addiction Recovery Legal Services LLC.

http://www.marchmanactblog.com/

Nov 20
Woman Call 911 on Herself for DUI

Posted on November 20, 2009 at 03:15 am by Addiction Recovery Legal Services LLC
Nov 20
Drunk Drivers with Kids in Car Could Face Felonies in N.Y.

The New York state Assembly has passed a bill that would make it a felony offense to drive while intoxicated if children under age 16 are in the vehicle, the New York Times reported Nov. 18. Read article: Drunk Drivers with Kids in Car Could Face Felonies in N.Y. Posted on November 20, 2009 at 01:13 am by Addiction Recovery Legal Services LLC
Nov 20
Tolerance of Marijuana Reflected in Seniors' Use

Some members of the Baby Boomer generation not only remain tolerant of marijuana use but also continue to smoke the drug themselves, the Washington Post reported Nov. 16. "I know literally hundreds of people my age who smoke," said Joe Lee, 62, a vintage-records dealer in Rockville, Md. "They are upright citizens, good parents who are holding down jobs. You take two or three puffs, and you're good to go. I'm not a Rastafarian; I don't treat this as some holy sacrament. But pot is fun."... Posted on November 20, 2009 at 01:11 am by Addiction Recovery Legal Services LLC

Rank This Week: 1893

Child Injury Lawyer Blog

Covers child abuse, neglect and injuries. By Wolf, Atter & Wolf, P.A.

http://www.childinjurylawyerblog.com/

Nov 20
TV Cartoon Violence: Child Safety Expert Recommends Rating System for Cartoons

By David Wolf, Attorney Published by Child Injury Lawyer Network Scooby Doo and Batman are very popular cartoons on television. Every day, children watch cartoons that have a good bit of violence. One problem with the violence is that these shows do not accurately portray the consequences from such actions. For instance, Scooby Doo and Shaggy fall off a cliff yet the next moment they are running down the street. This is not very realistic and gives children a false view of the world as well as... Posted on November 20, 2009 at 03:00 am by David A. Wolf
Nov 19
Dayton Day Care Worker Accused of Punching Child - Incident Witnessed by Another Teacher

By Will Brown, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network In Ohio and other States, day care workers have the responsibility to supervise children. It is vital that day care workers stay calm and think of the best interests of the children when performing their duties. In Dayton, Ohio, it was reported that a day care worker punched a four year old boy in the chest causing him to fall down. In many instances, it comes down to the word of the day care worker versus... Posted on November 19, 2009 at 07:00 pm by David A. Wolf
Nov 19
Maine Infant Deaths Due to Co-Sleeping Arrangements with Parents

By Anthony Ferguson, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network In three unrelated incidents, Maine infants died while sleeping with their parents. The first death was reported on Sunday, October 4, 2009 when a two-month-old Madison, Maine girl was found dead in her father's bed. The second incident occurred on October 5 when a two-month-old boy died after sleeping with his mother in Canaan. The third incident took place on October 6 in Windsor when a five-week... Posted on November 19, 2009 at 08:00 am by David A. Wolf

Rank This Week: 1896

West Palm Beach Personal Injury...

West Palm Beach Personal Injury Lawyer

Covers truck accidents, medical devices and dangerous products. By Searcy Denney Scarola Barnhart & Shipley, PA.

http://westpalmbeach.injuryboard.com/

Nov 20
Big Tobacco Caught in the Back Draft of its Scorched Earth Litigation Strategy

Big Tobacco's pants are aflame today after suffering a 300 million dollar verdict in yet another defeat in its Florida litigation war. You see, knowing it has imposed more death and suffering than modern war, pestilence and aids combined, Big Tobacco's mantra has always been millions for defense and not a dime for restitution (and a few extra hundred million thrown in for political payola and advertising). Historically the strategy has worked. The big bully with its army of well healed, silver... Posted on November 20, 2009 at 01:20 am by Cal Warriner
Nov 19
Tobacco Held Responsible for Placing Profits Ahead of...Everything

Philip Morris suffered yet another blow in the latest post-Engle tobacco trial. A Fort Lauderdale jury rendered a verdict on November 19, 2009, for $300 million against the tobacco manufacturers on behalf of a living smoker who suffers from severe emphysema. The verdict included $246 million in punitive damages. This verdict is one of a number of verdicts that have been entered in completed jury trials in Broward and Escambia Counties this year. More than 8,000 claimants and their survivors... Posted on November 19, 2009 at 09:16 am by Brenda Fulmer
Nov 19
Prevention, Early Detection and Good Health

A new study released by the United States Preventive Services Task Force has women and doctors confused and torn over recent recommendations regarding what age a woman should receive annual mammograms. For years, the American Cancer Society, physicians, and other government organizations, have recommended that women receive annual mammograms at the age of 40 to prevent breast cancer, which seemingly aided in the early detection of the disease. Now, the task force, a government panel of doctors... Posted on November 19, 2009 at 07:03 am by Rosalyn Sia Baker-Barnes

Rank This Week: 1909

Tampa DUI Lawyer Blog

Focused on DUI laws and news in Florida. By Musca Law.

http://www.tampaduilawyerblog.com/

Nov 19
Attorney Musca Discusses DUI Crash with Police

A suspected drunk driver collided with a St. Petersburg police officer this week. The officer, Gregory Shone, came into to help another officer with stopping a Nissan Maxima on the corner of 20 Avenue South and MLK Street. Officer shone had his lights and sirens initiated when the driver, 39-year old Lura Goldsmith, failed to slow and hit the cruiser. Two passengers, 39-year old female and 5-year old child were also in Goldsmith's vehicle at the time of the crash. The officer, passengers and... Posted on November 19, 2009 at 01:12 pm by Musca Law
Nov 12
Woman Arrested for DUI, Three Times Legal Limit with Children in Car

A woman in Land O' Lakes has been arrested on charges of Tampa DUI with her children in her vehicle, aggravated child neglect, driving without a valid driver's license and not possessing a vehicle registration. Officers stopped the defendant, 30-year old Genoveva Amacenda-Velona, for a headlight infraction. During the stop, the police witnessed a half of bottle of opened Cuervo brand tequila in plain sight and lime wedges on the dash. Amancenda-Velona's two children, ages 7 and 9, were buckled... Posted on November 12, 2009 at 03:22 pm by Musca Law
Nov 5
Tampa Buccaneers Football Player Released After DUI Arrest

Marcus Johnson an offensive lineman with the Buccaneers, a Tampa Bay football team was arrested for driving under the influence of alcohol. After a police lieutenant found Johnson sleeping in a 2010 Impala close to the Bucs' stadium, an immediate arrest was made. Johnsons' breath smelled like alcohol according to a DUI investigator who responded to the scene. It was also noted by police that Johnson had glassy eyes and swayed when standing up unsupported. Johnson was arrested and released on... Posted on November 5, 2009 at 08:46 am by Musca Law

Rank This Week: 1990

Tampa Criminal Lawyer Blog

Covers Florida criminal news and laws. By Musca Law.

http://www.tampacriminallawyerblog.com/

Nov 19
Attorney Musca Discusses Tampa Man Kidnapping Own Infant Son

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... Posted on November 19, 2009 at 11:59 am by Musca Law
Nov 13
Defendant Arrested in Connection to Rocky Point Wedding Brawl

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... Posted on November 13, 2009 at 11:09 am by Musca Law
Nov 2
Tampa Defendant Arrested for Threatening Wife with Machete

Officers responded to the scene of a man threatening to kill his wife with a machete. The incident occurred this weekend at 2:30 a.m. at a residence located at 8100 North Marks Street, Tampa. Police arrested the defendant, 38-year old Virticee Lamar Thompson, after he allegedly acted out "in a fit of rage" towards his wife of five years by swinging a machete in her direction. Thompson claimed that he planned on killing his wife and then himself. The victim's 16-year old daughter witnessed the... Posted on November 2, 2009 at 12:13 pm by Musca Law

Rank This Week: 2008

About Florida Law

Covers Florida estate planning and condo laws. By Sackrin & Tolchinsky.

http://aboutfloridalaw.com

Nov 19
Florida Probate – What Happens When the Original Will is Lost or Cannot Be Located

If a Testator was last seen in possession of his Will and, after his death, the Will cannot be found, Florida law presumes that the Testator destroyed it during his lifetime and thus "revoked" it. A proponent of the Florida Will, likely a beneficiary, may rebut this presumption by establishing that the Will was destroyed or lost without the Testator's consent, i.e. by someone other than the Testator, or when he lacked the legal capacity to revoke it. The Probate court will consider all... Posted on November 19, 2009 at 10:51 am by Larry
Nov 5
Walking away from your Home Mortgage – Not without Consequences

As the value of real estate is continuously depreciating, more and more people are resorting to "self-help" measures to get out of sky-high mortgages - except that such measures are not only harmful to their own interests, but are also further devastating the economy. A recent article in USA Today entitled "More walk away from homes, mortgages," noted that homeowners are increasingly engaging in "strategic defaults" or voluntary foreclosures, whereby they simply walk away from their mortgages.... Posted on November 5, 2009 at 04:23 am by Larry
Oct 28
Renters’ Foreclosure - Know Your Rights

As of late, it's become quite common for renters to suffer the consequences of foreclosure. Many of my clients, for example, are renting homes from landlords who are being foreclosed upon. But a law passed by the Obama Administration in May 2009 may provide some relief to renters in this predicament. The law, entitled the "Helping Families Save Their Homes Act," provides that a formal lease will survive foreclosure, except that a purchaser of the foreclosed property who seeks to occupy it as... Posted on October 28, 2009 at 12:51 pm by Larry

Rank This Week: 2028

South Florida Injury Lawyer Blog

Covers medical malpractice, motor vehicle accidents, premises liability and sexual abuse. By David J. Halberg.

http://www.southfloridainjurylawyerblog.com/

Nov 19
Motorcycle Crashes Kills Two Florida Cyclists

This past weekend, two Floridians were killed in separate motorcycle accidents on Florida roads. On Saturday, a single motorcycle accident in Okaloose County took the life of a 55-year-old Pensacola man who lost control of his Honda motorcycle. The cyclist was handling a curve his bike went onto the north shoulder of Old Bethel Road nad hit a concrete culvert. He was thrown from the motorcycle and was taken to Northa Okaloose Medical Center. The Florida Highway Patrol said the motorcycle... Posted on November 19, 2009 at 10:14 am
Nov 16
Coral Springs Crash Kills Three Teens After Car Lands in Canal

Three Florida teens died in an auto accident early Sunday morning when the red Volkswagen they were riding in hit guardrail and turned over into a canal. The 16-year-old driver and two of his passengers, also 16, were removed from the vehicle by police and transported to Coral Springs Medical Center, where they were pronounced dead. A third passenger, age 15, managed to escape the Volkswagen and survive. According to Coral Springs police, the motor vehicle accident occurred just after midnight,... Posted on November 16, 2009 at 10:08 am
Nov 12
Palm Beach County Teen Dies in Car Crash

Early Saturday morning, a 15-year-old Wellington High School sophomore was killed in a car crash after the teen hit a bump and lost control of the vehicle, a 2006 Nisson 350. Records show the boy was not wearing a seatbelt and was driving without a license. Florida laws require drivers with learner's permits to have a passenger who is at least 21 or older at all times. The law also prohibits those with a learner's permit Palm Beach County Teen Dies in Car Crash from driving after 10pm. The teen... Posted on November 12, 2009 at 09:36 am

Rank This Week: 2038

Miami DUI Attorney Blog

Covers Florida DUI, drunk driving, and breath tests. By Musca Law.

http://www.miamiduiattorneyblog.com/

Nov 19
Attorney Musca on Mother Charged With DUI and Child Neglect

Mother of three arrested for DUI faces more charges; child neglect and two counts of contributing to the delinquency of a minor. After a September arrest on a driving under the influence charge, the mother of three headed back into court on child neglect and contributing to the delinquency of a minor charges. After several hours of being in the vehicle that their mother was passed out in two children under the age of four left the vehicle and proceeded to walk towards the school their other... Posted on November 19, 2009 at 10:10 am by Musca Law
Oct 23
FBI AGENT CHARGED WITH DUI AT A FLORIDA DUI CHECKPOINT

While driving a government vehicle a veteran FBI agent was arrested and charged with DUI at a Florida DUI checkpoint. Serving as an FBI agent for approximately 23 years, Jorge Miyar, 49, had been arrested at a scheduled DUI checkpoint. While driving through the designated cones, Myer proceeded to run over a curb. According to observations made by police, Miyar had signs of impairment and a strong odor of alcohol. Miyar had engaged in the field sobriety exercises and failed, however, he did... Posted on October 23, 2009 at 07:08 am by Musca Law
Oct 4
Two Toddlers Found Wandering the Street After Mother Passed Out Behind the Wheel

A Broward County mother has been charged with DUI and child neglect after passing out in the driver's seat of the family car. Her two toddlers were later found wandering the streets miles from their home. The mother, 44-year old Brenda Lee Duclos, allegedly under the influence of alcohol, fell asleep behind the wheel in her driveway prior to picking up her eldest child at school. After a couple of hours, the driver's two younger children, ages 3 and 4, left the vehicle to find their elder... Posted on October 4, 2009 at 07:57 pm by Musca Law

Rank This Week: 2039

My Law License

Covers the Florida bar admission and grievance process. By Brian Tannebaum.

http://mylawlicense.blogspot.com/

Nov 19
Some Thoughts For The Job Seeking Former Associates Of Scott Rothstein

So you're a lawyer less than 5 years out, you have no "book of business," and there is no option for you other than to get another job at another firm. You were a great student, have a bright future as a lawyer, and this on your resume: "Associate, Rothstein, Rosenfelt & Adler, P.A. 2006-2009" Law firms, not all law firms, are publicly stating their concern about hiring lawyers from this now dissolved firm. You did nothing wrong, you never knew what was going on, and everyone knows that.... Posted on November 19, 2009 at 07:00 am
Nov 18
The Florida Bar's Ad Rules Take A Good Step Back

Although I will fight for the rights of my clients who are charged with advertising violations, I am not a fan of lawyer advertising. I'm not talking about the listing in the directory or the ad in the charity dinner program or business journal. I'm talking about the cheesy inaccurate puffing that goes on in the yellow pages, on billboards, and on TV. I have said, and strongly believe, that The Florida Bar has gone over the top in advertising regulation. I think they've gone so far into... Posted on November 18, 2009 at 05:14 am
Nov 17
BREAKING: Florida Bar Settles Suit, Exempts Online Lawyer Directories

The story is here, on Avvo's blog. Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com a2a_linkname="my law license";a2a_linkurl="http://www.mylawlicense.blogspot.com";News and Information about The Florida Bar Admission and Disciplinary Process Posted on November 17, 2009 at 02:49 pm

Rank This Week: 2080

Jacksonville Personal Injury Blog

Covers elder neglect, auto accidents, and nursing home abuse. By Farah and Farah, P.A.

http://www.foryourprotection.com/

Nov 19
Yaz Yasmin Oral Contraceptives Lawsuits Growing

In 2007, a 39-year old woman from San Francisco was the happy mother of 3-year-old twins. Doctors put her on the Yaz birth control pill. Four weeks and one day later, she suffered a stroke. Today it's obvious to see part of her skull has been removed. Doctors had to operate to accommodate the brain swelling following her stroke. Her IQ is 77. She has chronic pain and has no short-term memory. She can no longer drive. The injured woman was in the hospital for six months and returned to her twins... Posted on November 19, 2009 at 04:00 am by Jacksonville Personal Injury Attorney
Nov 19
St. Augustine Auto Product Liability and Van Rollover Lawyers

Home to the longest-standing port in the continental U.S., the city of St. Augustine is often called "the nation's oldest city." Surrounded by beautiful beaches and museums, St. Augustine is home to approximately 12,157 residents and caters to many visitors passing through Northern Florida. As a well traversed area, St. Augustine is situated 60 miles north of Daytona Beach just 5 miles east of Interstate 95, and 40 miles south of Jacksonville. With the immense population of St. Augustine taking... Posted on November 19, 2009 at 04:00 am by Jacksonville Personal Injury Attorney
Nov 18
FDA Will Probe Medication Errors

One important element of health care reform that's often not mentioned is the cost of medical errors and specifically errors involving prescriptions. Medication interactions, a pharmacy mix-up, or the inability to read the doctor's handwriting, can all lead to drug dosage errors which cost us all about $4 billion a year, not to mention lives and injuries. Now the Food and Drug Administration (FDA) says it is trying to identify how 1.5 million prescription errors happen every year, according to... Posted on November 18, 2009 at 04:00 am by Jacksonville Personal Injury Attorney

Rank This Week: 2108

Articles on Immigration -...

Articles on Immigration - International Child Advocacy - Human Rights

By Ama Appiah.

http://lawofficeofamanappiah.blogspot.com/

Nov 19
Shaniya's Plight Draws Attention to Child Trafficking in US and Abroad

"Expert: Child traffickers target runaways, 'throwaways'" By Eliott C. McLaughlin, CNN November 18, 2009 1:48 p.m. EST "Who killed 5-year-old Shaniya Davis? Her mother is charged with human trafficking, and many questions remain about what happened." "It sounds like the plot of a crime drama or the scourge of a developing country, but human trafficking is a serious problem in the U.S. and America's children are frequent pawns, experts say. The case of Antoinette Nicole Davis, a North Carolina... Posted on November 19, 2009 at 03:13 am by Ama N. Appiah, Esq.
Nov 18
Bipartisan Action to End Travel Ban to Cuba

Howard Berman/Richard Lugar Bipartisan Team Call for End to Cuba Travel Ban Steve Clemons Publisher of "The Washington Note" "Senate Foreign Relations Committee Ranking Member Richard Lugar (R-IN) and House Foreign Affairs Committee Chairman Howard Berman (D-CA) have jointly written a compelling case to end the travel ban for all Americans desiring to go to Cuba. In fact, their piece, titled "Lift the Ban -- Let Americans Visit Cuba" really calls for ending travel restrictions on Americans... Posted on November 18, 2009 at 04:39 am by Ama N. Appiah, Esq.
Nov 18
US Travel Warning for Algeria

November 16, 2009 "The State Department warns U.S. citizens of the risks of travel to Algeria. This Travel Warning updates information on the current security situation in Algeria and the continuing threat posed by terrorism. This replaces the Travel Warning dated March 3, 2009. The Department of State urges U.S. citizens who travel to Algeria to evaluate carefully the risks posed to their personal safety. Terrorist attacks, including bombings, false roadblocks, kidnappings, ambushes, and... Posted on November 18, 2009 at 03:35 am by Ama N. Appiah, Esq.

Rank This Week: 2115

Tom Appeals

Provides news and observations about employment law.. By Thomas Young.

http://tomappeals.com

Nov 18
New Rules Expedite Dependency Appeals

Capping a rule-making odyssey that began in 2005, the Florida Supreme Court adopted rules on November 12, 2009, intended to expedite appellate review in dependency and parental termination cases.1 The Court's opinion amends three bodies of rules: The Florida Rules of Judicial Administration, the Florida Rules of Juvenile Procedure, and the Florida Rules of Appellate Procedure. The new rules took effect immediately.2 Two of the most significant rules adopted are new Rule of Judicial... Posted on November 18, 2009 at 08:38 pm by Tom
Nov 8
Fifth DCA Confirms Whistle-blowers Must Follow Statutory Requirements

In University of Central Florida Board of Trustees v. Turkiewicz, Florida's Fifth District Court of Appeal quashed a trial court order that departed from the essential requirements of law. Turkiewicz was employed by UCF for a number of years, first as Director of Safety and Security and later as Director of Police and Public Safety. Beginning in late 2005 or early 2006, Turkiewicz disclosed to his supervisor, UCF's Vice President for Administration and Finance, what he believed were regulatory... Posted on November 8, 2009 at 08:14 am by Tom
Oct 4
Reminder to Small Business: Understand Contract Before Signing

A decision released by Florida's Fifth District Court of Appeal on October 2, 2009, provides an opportunity to remind small business owners of the unintended consequences that may result from the use of forms or signing of contracts that are not fully understood. The Fifth District's decision addresses the limited circumstances in which a trial court can overturn an arbitrator's ruling, even if the arbitrator's ruling is legally wrong. Arbitration is one form of Alternative Dispute Resolution... Posted on October 4, 2009 at 06:44 am by Tom

Rank This Week: 2141

South Florida Personal Injury Blog...

South Florida Personal Injury Blog

Covers personal injury law and accident news. By Andrew Alitowski and William Moore, P.A.

http://www.southfloridapersonalinjuryblog.com/

Nov 18
Broward County employment discrimination question/answer continued

[Broward County employment discrimination/retaliation question continued from November 11, 2009] A claim of retaliation, if it is supported by sufficient evidence to be submitted to the jury, raises the value of the plaintiff's potential recovery in two ways. First, a plaintiff who has been the victim of retaliation has a greater chance of winning the sympathy of the jury on the underlying claim of discrimination. And second, proof of retaliation also goes a long way toward justifying an award... Posted on November 18, 2009 at 08:14 pm by William Ryan Moore
Nov 18
Broward Injury Attorney – Pembroke Pines Facing Class Action Lawsuit

The city of Pembroke Pines in Broward County is facing a class action lawsuit due the red light cameras installed by the local government, says Fort Lauderdale car accident attorney Andrew Alitowski. Although the city claims that the cameras save lives, many remain skeptical of both that assertion and the municipality's reliance on public safety as the real reason the cameras were installed to track motorist's violations. The red light cameras purport to snap photos of the license plate of any... Posted on November 18, 2009 at 02:25 pm by William Ryan Moore
Nov 10
Fort Lauderdale Video Production Firm Hits The Mark When it Comes to Day in The Life Videos

Fort Lauderdale Video Production & Courtroom Evidence 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... Posted on November 10, 2009 at 08:47 am by William Ryan Moore

Rank This Week: 2144

Miami Criminal Defense Lawyer Blog...

Miami Criminal Defense Lawyer Blog

Covers Florida DUI, drug offenses and sex offenses. By Donet, McMillan & Trontz, P.A.

http://www.miamicriminaldefenselawyerblog.com/

Nov 18
Former Cop Sentenced in Miami Ecstasy Case

On October 29, 2009, a former Miami-Dade County Police Officer appeared with his Miami criminal lawyer at his sentencing hearing in federal court. Ex-police officer Jorge Delgado was sentenced to two years in prison followed by three years of supervised release. Delgado has entered a guilty plea at a previous court hearing to possession of ecstasy with the intent to distribute. At the time of his arrest, Delgado worked as road patrol officer. The case arose from a joint investigation between... Posted on November 18, 2009 at 01:35 pm by David M. Trontz
Nov 17
Several Miami Residents Arrested for Credit Card Fraud

Five Miami and Hialeah residents were arrested in Tampa by the Hillsborough County Sheriff's Office for numerous counts of credit card fraud. Those arrested were allegedly involved in 66 fraudulent purchases at a Tampa Walmart. The police are alleging that those arrested used stolen credit card numbers to purchase in excess of $13,000 in gift cards. Law enforcement authorities began the investigation when many victims came forward and reported unauthorized transactions on their credit card... Posted on November 17, 2009 at 11:54 am by David M. Trontz
Nov 16
Miami Medicare Fraud Defendants Sentenced to Jail

It appears that there is no end in sight to the number of Miami Medicare fraud cases being prosecuted by the federal government. Medicare fraud has cost the federal government billions of dollars. The government is spending countless manpower and funds to put an end to the longstanding problem. Anyone being investigated or charged for Medicare fraud should immediately seek the assistance of a Miami criminal lawyer to defend their case. Severe penalties attach to individuals charged in these... Posted on November 16, 2009 at 09:24 am by David M. Trontz

Rank This Week: 2170

Tampa Federal Criminal Defense...

Tampa Federal Criminal Defense Attorney

Covers federal crimes and criminal defense. By W.F "Casey" Ebsary, Jr.

http://www.centrallaw.com/cybercrime/

Nov 18
Computers Car and Florida Crash Investigations

Tampa Criminal Defense Attorney notes a car's black box may be used in crash investigations. Courts have held that ''the rate of speed of a vehicle can be firmly shown . . . to be so excessive under the circumstances that to travel that fast under the conditions is by itself a reckless disregard for human life or the safety of persons exposed to the speed.'' Court rules that there can be enough Posted on November 18, 2009 at 01:33 pm by W.F. "Casey" Ebsary, Jr.
Nov 17
White Collar Sentencing in Federal Court

White Collar Sentencing in Federal Court Crackdown noted by Tampa Federal Criminal Defense Attorney, W.F. ''Casey'' Ebsary, Jr. - The Eleventh Circuit Court declared a sentence illegal when a white collar defendant was not sent to prison. The trial court has repeatedly placed the defendant on the federal equivalent of probation. The United States Attorney has repeatedly appealed the below Posted on November 17, 2009 at 02:38 am by W.F. "Casey" Ebsary, Jr.
Nov 6
Florida Mortgage Fraud Federal Prosecution - Tampa Federal Defense Attorney

Tampa Federal Criminal Defense Attorney continues a series of reports on Federal Mortgage Fraud Prosecution in the Middle District Court on the West Coast of Florida. The latest numbers confirm our earlier reports. Here are the latest numbers from Lawyers at the Department of Justice. Case Summaries: 100 defendants $400 million in loans 700 properties. Number of Defendants / Prosecutions By Posted on November 6, 2009 at 10:21 am by W.F. "Casey" Ebsary, Jr.

Rank This Week: 2172

South Florida Criminal Defense...

South Florida Criminal Defense Lawyer Blog

Covers Florida criminal law news concerning domestic violence, gun offenses, sex offenses and immigration status. By Ralph Behr.

http://www.southfloridacriminaldefenselawyerblog.com/

Nov 18
Florida Expunging Of Records Is a Reality for Students

Getting a criminal record expunged is a common thing to do today. Students are taking advantage of this process in order to make clear records for any future employment and career opportunities they may be pursuing. One student, Debbie Robinson, 20, will be applying for a expunging of her record before she starts applying to become a nurse. She used some weed and got caught a high school football game a few years ago. There are some catches though to do this. In order to have records sealed or... Posted on November 18, 2009 at 12:31 pm
Nov 17
Domestic Violence On Rise in Palm Beach County

Palm Beach County, FL has topped the charts as being the 4th highest for foreclosure rates in the country. Along with this figure, the county has claimed a massive spike in domestic violence and child abuse incidents. The last few years have seen a spike of cases where children were killed by being shaken. This is up from prior years. Spousal-related homicides have also skyrocketed over the last few couple of years. Suzanne Turner, the CEO of YMCA Harmony House in Delray Beach, says that she... Posted on November 17, 2009 at 05:43 pm
Nov 16
Former Florida Jaguar Football Player Guilty for Cocaine Possession

Jimmy Smith, a former Jacksonville Jaguar football player, will be doing 18 months probation on a conviction of possession of cocaine. Smith was stopped by Florida Highway Patrol last April for dark tints on his vehicle. 6 grams of cocaine were found in the vehicle as well as 3 grams of marijuana and some other drug paraphernalia. Smith was place on probation following his hearing regarding all the drug charges and suspended license. Driving with a suspended license is illegal in the state of... Posted on November 16, 2009 at 12:06 pm

Rank This Week: 2181

Florida Criminal Lawyer Blog

Covers Florida criminal law and traffic ticket cases and legal developments. By Balliro, Galasso, Leskovich & Seltzer, LLC.

http://www.flacriminallawyerblog.com/

Nov 18
UBS to Turn Over 4,450 Names of Tax Evaders as IRS Receives Voluntary Disclosures From 14,700

Our Fort Myers tax evasion criminal defense lawyers have closely followed the voluntary disclosure program offered by the IRS throughout 2009, because we offer aggressive legal defense for taxpayers in just that situation. The voluntary disclosure program allowed taxpayers who failed to declare income from overseas accounts to come forward with that information, in exchange for reduced penalties and very little chance of prison time. That was particularly important because the IRS was also in... Posted on November 18, 2009 at 11:11 am by Balliro, Galasso & Leskovich
Nov 16
State Appeals Court Will Decide Whether Stand Your Ground Law Requires Complete Knowledge

Our Sarasota firearms crimes defense lawyers were extremely interested in a recent controversy over Florida's "stand your ground" law. The law, like those of many other states, says people who are attacked by intruders in their own homes or vehicles have no duty to retreat or announce their intentions before using deadly force -- including a firearm -- to fight back. A Nov. 7 article in the Tampa Bay Tribune has an interesting twist on that law: a case in which a towing company owner and his... Posted on November 16, 2009 at 03:58 pm by Balliro, Galasso & Leskovich
Nov 9
NRA Pushes for Ban on Adoption Agency Questions About Gun Ownership

As West Palm Beach firearm defense lawyers and NRA referral attorneys, we're proud to live in a state that's friendly to our Second Amendment rights. That's why we were disappointed to see a Nov. 5 article in the Miami Herald suggesting that our rights as gun owners may be under fire if the Florida Legislature doesn't take quick action. According to the article, the NRA is lobbying Tallahassee for a law that bans adoption agencies from asking prospective adoptive parents whether they own guns.... Posted on November 9, 2009 at 11:46 pm by Balliro, Galasso & Leskovich

Rank This Week: 2194

Florida Injury Lawyer Blog

Covers car, motorcycle and trucking accidents, including those caused by drunk driving. By Associates and Bruce L. Scheiner, Personal Injury Lawyers, P.A.

http://www.injury-lawyer-florida.com/

Nov 18
Are You Really Safe?: Injuries can occur without proper security measures

Whether you're at work, shopping at the mall or enjoying a movie at the local theater, your expectations are that you will be in a safe environment, properly protected by the property owner's security and safety precautions. Yet, oftentimes a commercial business owner, landlord, educational facility or sporting event venue may not have the correct or proper security measures in place, and you may become a victim of their negligence. Sadly, we've all seen the news stories where a recently... Posted on November 18, 2009 at 11:03 am by Associates and Bruce L. Scheiner
Nov 13
Safe Seniors: Help for Staying Sharp Behind the Wheel

It's no surprise that Florida's roadways are home to a large number of drivers in the senior citizen age bracket. Our population of older residents swells dramatically with the onset of "snowbird" season, and our traffic increase clearly illustrates how older drivers become much more prevalent than in the quieter summer months. Unfortunately, as we increase in age, our cognitive skills, reflexes and vision sometimes deteriorate, putting senior aged drivers at greater risk of causing a serious... Posted on November 13, 2009 at 11:49 am by Associates and Bruce L. Scheiner
Nov 11
A Thank you to our Veterans…

In 1919, just one year after a truce was reached for World War I, President Woodrow Wilson proclaimed November 11th Armistice Day to commemorate those men and women who fought in "the war to end all wars"! In 1954, President Dwight D. Eisenhower signed into law a bill changing the name to Veterans Day and included all veterans who had served their country during wartime. Today, join me in honoring our veterans who fought to keep us free and to protect the rights of all who live in this great... Posted on November 11, 2009 at 07:07 am by Associates and Bruce L. Scheiner

Rank This Week: 2196

Florida DUI

Covers DUI news and defense strategies. By W.F. "Casey" Ebsary, Jr.

http://duifla.com/DuiLaw/

Nov 18
Florida Vehicular Homicide Black Box SDM Vehicle Download

Tampa, Florida Board Certified Criminal Trial Lawyer, Attorney W.F. ''Casey'' Ebsary, Jr. notes that some vehicles have a sensing and diagnostic module ( SDM ), also known as a ''black box.'' Prosecutors alleged recently, data from a Corvette that was downloaded from the black box revealed that a defendant's speed was 103 m.p.h. five seconds before impact and 98 m.p.h. one second before impact. The Speed limit was 40 m.p.h. A recent court ruling noted, ''A search warrant for property may be... Posted on November 18, 2009 at 08:59 am by W.F. "Casey" Ebsary, Jr.
Nov 17
Florida DUI Probable Cause - Fellow Officer Rule

A Tampa Bay appeals court in a DUI case has issued a ruling applicable to multi-officer DUI traffic stops. The Fellow Officer Rule under Florida law has traditionally been used by law enforcement and prosecutors, when a witness is unavailable to testify in court. It allows one officer to rely on the probable cause information gathered by another ''fellow'' officer. Recently, in a Driving under influence appeal involving the search and seizure of a vehicle, a defendant's motion to suppress was... Posted on November 17, 2009 at 07:34 am by W.F. "Casey" Ebsary, Jr.
Nov 8
Tampa DUI - New Resource

Tampa DUI Attorney, Lawyer W.F. ''Casey'' Ebsary, Jr. launched a new resource for persons in Tampa, Hillsborough County, Florida. Tampa is divided into these communities: West Tampa, East Tampa, South Tampa, New Tampa, Tampa Palms, Temple Terrace, Carrollwood, Town & Country, Oldsmar, Palma Ceia, Westchase, Stadium, Westshore, Carver City, Ybor City, Sunset Park, Hyde Park, SoHo, Citrus Park, Bayshore, Egypt Lake, Rocky Point, Sulphur Springs, Davis Island, Harbour Island, Seminole Heights,... Posted on November 8, 2009 at 11:56 am by W.F. "Casey" Ebsary, Jr.

Rank This Week: 2215

Florida Workers' Compensation...

Florida Workers' Compensation Lawyer Blog

Covers Florida construction accidents and workers' compensation law. By Randy Zeldin.

http://www.floridaworkerscompensationlawyerblog.com/

Nov 18
Shop Around for Medicare Part D Premiums

Individuals receiving Social Security Disability Benefits are also eligible for Medicare and the new Medicare Part "D." Part D is voluntary, but requires payment of additional premiums, to be used for prescription drugs. The Center for Medicare Services has announced that open enrollment has begun beginning November 15, 2009 until the end of the calendar year. According to Social Security Disability Attorney Randy Zeldin, Esq., it is important to shop around carefully for Medicare Part "D"... Posted on November 18, 2009 at 08:57 am by Randy Zeldin
Nov 17
Employer May Be Sued for Denying Workers' Compensation Claim

What happens if a worker has an accident on the job and the Employer denies that the injury is related to the accident? The Employee may sue the Employer if there was some form of negligence. In effect, the injured worker may treat the event as a conventional personal injury claim. This change in the law is the result of a decision called Schroeder v. Peoplease Corp. The law office of Randy Zeldin represents individuals in workers' compensation and personal injury claims, in Ft. Lauderdale,... Posted on November 17, 2009 at 09:22 am by Randy Zeldin
Oct 21
Social Security Applications Rise in Recession

The severe unemployment in Palm Beach and Broward Counties, has motivated many marginally disabled persons to apply for Social Security Disability Benefits. Some of these individuals were denied unemployment compensation and turned to Social Security instead. According to Social Security Disability Attorney Randy Zeldin, Esq., a disqualification for unemployment benefits has no bearing upon entitlement to Social Security Disability. In fact, individuals receiving unemployment compensation in... Posted on October 21, 2009 at 01:58 pm by Randy Zeldin

Rank This Week: 2217

Orlando Medical Malpractice Lawyer...

Orlando Medical Malpractice Lawyer Blog

Covers medication errors, statute of limitations, and medical malpractice in Florida. By Ward & Caggiano.

http://www.orlandomedicalmalpracticelawyerblog.com/

Nov 18
The Florida Medical Malpractice Book

When medical malpractice strikes you or your family you must know how to hold the doctors or hospital responsible for the injury they cause. The Florida Medical Malpractice Book, Seeking Justice: An Insider's Guide for the Injured. explains what to do if you believe you or a loved one has been a victim of medical malpractice. It also provides a solid method for injured people to find the right lawyer- one who The Florida Bar has certified as a medical malpractice specialist. For anyone injured... Posted on November 18, 2009 at 05:23 am
Nov 8
Choosing Orlando Medical Malpractice Lawyers

While there are more than 80,000 lawyers in Florida, there are only a small number of lawyers who specialize in medical malpractice law. Most people may not be aware that the Florida Bar has certified lawyers less than 2% of Florida lawyers as specialists in civil trial law which includes medical malpractice. In addition, there are even fewer Florida lawyers who are also a licensed medical doctor. As Orlando medical malpractice lawyers, we offer both a board certified trial lawyer and a medical... Posted on November 8, 2009 at 06:20 am
Nov 2
Medical Doctor/ Lawyer For Orlando Medical Malpractice

If someone is considering surgery, the experience of the surgeon would certainly be an important concern. Few people would want a surgeon who had never performed the same surgery. No one would want to be the surgeon's first patient to undergo a particular operation. As Orlando medical malpractice lawyers, we believe that patients and families would want to have a medical doctor who is also a lawyer represent them in medical malpractice cases. Unfortunately, when medical malpractice strikes few... Posted on November 2, 2009 at 05:21 pm

Rank This Week: 2251

Tampa Drug Lawyer

Covers Florida criminal laws concerning drug offenses. By W. F.

http://drug2go.blogspot.com/

Nov 18
Drug Defense Database

Search Our Huge Drug Defense Database for Free! We have hundreds of pages of information on Drug Defense and recent developments in State and Federal Courts. Loading google.load('search', '1'); google.setOnLoadCallback(function(){ var customSearchControl = new google.search.CustomSearchControl('010568429750775562267:0zarxijwciw'); customSearchControl.setResultSetSize(google.search.Search.FILTERED_CSE_RESULTSET); customSearchControl.draw('cse'); }, true); Tampa Federal Defense Attorney Tell Me... Posted on November 18, 2009 at 04:42 am by W.F. "Casey" Ebsary, Jr.
Nov 17
Florida Marijuana - Drugs Suppressed

Florida Drug Defense Attorney Lawyer notes - in a Search and seizure ruling, a Miami - Dade - Florida appeals ruling held it was unreasonable for police officer to perform weapons search without having performed a pat-down. Without reasonable suspicion, cop was not justified in proceeding to direct search of defendant merely because he felt uneasy about his safety, nor could he do so based upon blanket department policy. The Motion: to "suppress the marijuana based upon the unlawfulness of the... Posted on November 17, 2009 at 09:45 am by W.F. "Casey" Ebsary, Jr.
Nov 5
Florida Attorney - Cocaine Tossed on Appeal

Tampa Cocaine and Drug Defense Attorney reports a recent decision where the court ruled that a defendant's wife did not voluntarily consent to hand over to officers a purse containing cocaine. The court was concerned since the purse had been concealed under sheets of bed where two male deputies remained in the motel room while the wife was naked in bed. The cops had twice unsuccessfully searched the room for drugs when they promised her she would not be charged if she cooperated. The incident... Posted on November 5, 2009 at 11:13 am by W.F. "Casey" Ebsary, Jr.

Rank This Week: 2258

Matthewman's Murder Blog

Covers murder, homicide, and the defense of such cases. By Bill Matthewman.

http://murder-homicide.blogspot.com/

Nov 17
3 (attempted murder) Hits and You're Out.

Here is an interesting article from the Sun Sentinel about a woman charged with attempting to kill her husband 3 times. The husband survived. She allegedly failed all three times and was arrested for solicitation to commit murder. The case arose in Boynton Beach, Florida. Read the excerpt from the article below: South Florida Sun-Sentinel.com Investigators: Boynton wife tried to kill husband three times By Andrew Marra, The Palm Beach Post November 16, 2009 BOYNTON BEACH Try as she might,... Posted on November 17, 2009 at 09:45 pm by Bill Matthewman
Nov 15
Sheikh Mohammed An Attorney?

Attorney General Eric Holder announced last week that five Guantanamo Bay detainees allegedly involved in the 9/11 conspiracy will be transferred to New York Federal Court for a civilian trial. A Federal death penalty trial in Federal Court in New York. This case in federal court could very well become a 3 ring circus. Why? I anticipate that Khalid Sheikh Mohammed will demand to act as his own attorney. I also anticipate that the other 4 codefendants will do the same. They will all demand to... Posted on November 15, 2009 at 07:30 am by Bill Matthewman
Nov 14
Fugitives Should Wear Seatbelts

Here is an interesting article by Jay Weaver of The Miami Herald about a man who is alleged to have been a fugitive on money laundering charges for 20 years before he got caught by the U.S. Marshals Service. What apparently caused him to be apprehended is that he got a ticket for not wearing his seatbelt. After he got his ticket and left, the Marshals picked up his trail months later, located him and took him into custody. Amazing! See the story below: "Seat belt citation leads police to... Posted on November 14, 2009 at 02:31 am by Bill Matthewman

Rank This Week: 2281

Terry Lenamon's Death Penalty Blog...

Terry Lenamon's Death Penalty Blog

Focuses on capital punishment in America.

http://swartzlenamon.com/deathpenaltyblog

Nov 17
Former District Attorney Sam Milsap Admits “I Made a Mistake” in Death Penalty Prosecution - 16 Years after Execution

People wonder why I am so adamently opposed to the death penalty, and then stories like this appear in the media and I, in turn, wonder how anyone can support capital punishment. Sam Milsap's Mea Culpa Sam Milsap is a seasoned criminal lawyer with over 30 years experience, and for a long while he served as the head District Attorney of Bexar County, Texas (better known to most of us as the location of the city of San Antonio). Last week, Mr. Milsap was a guest speaker in Topeka, Kansas, where... Posted on November 17, 2009 at 09:05 am by admin
Nov 12
Our Prediction that California’s Billy Joe Johnson Would Help the Fight Against the Death Penalty Proves True

Right before Halloween, we posted about the new Death Penalty Information Center revelation that focusing solely on a state's budget bottom line, capital punishment should be outlawed because it just costs too much - and how Billy Joe Johnson's request to be sentenced to death in California only added fuel to that fire. (Billy Joe wanted death because the digs at California's Death Row are so much better than those for lifers.) Well, looks like that October prediction was right and Billy Joe... Posted on November 12, 2009 at 09:30 am by admin
Nov 10
And Now, All Eyes are On the Governor - Will Virginia’s Tim Kaine Stop the Execution of John Muhammad, the DC Sniper?

Virginia executes more people in this country than any other state than Texas, so the statistics seem to sway us toward a prediction that Governor Tim Kaine will allow the upcoming execution of John Muhammad, the DC Sniper. And Kaine is the only barrier betweeen John Muhammad and death. That's because the United States Supreme Court officially declined to hear Mr. Muhammad's appeal yesterday - and what is unusual about that is they did so long before anyone expected them to do so. As Justices... Posted on November 10, 2009 at 06:40 am by admin

Rank This Week: 2326

South Florida Injury Lawyers Blog

Covers auto accidents and consumer product recalls. By Freeman & Mallard.

http://www.southfloridainjurylawyersblog.com/

Nov 17
Beating Florida Thanksgiving Traffic And Accidents - Have A Plan

I It's that time of year again when the Florida Thanksgiving Holiday seems to bring as much joy as it does stress for most of us and getting behind the wheel of a car can usually take that stress to the next level. So, although this blog articile does not have the answers on how to deal with recipes gone wrong, relatives gone bad, and how to keep your sanity in check during the holiday, it does address some key Thanksgiving travel tips they may help reduce your driving stress. First things... Posted on November 17, 2009 at 08:49 am by Dean H. Freeman
Nov 17
Florida's Teen Drivers - Saving On Car Insurance

If you have a teen driver in your family, make sure that they have the proper car insurance coverage. The number 1 cause of death among teens in the U.S. are auto accidents. There is a huge increase in fatality rates for teen drivers between the ages of 16 to 19 compared to drivers between the age of 25 to 69 years old. According to a recent article in the Miami Herald, teen drivers are 4 times more likely to get into a fatal accident between the ages of 16 to 19. So what are ways to help save... Posted on November 17, 2009 at 07:46 am by Dean H. Freeman
Oct 30
Florida Is Leading the Way In Buckling Up

Floridians are making it a priority to buckle up more than ever. Since the implementation of Florida's new primary seat belt law which took effect on June 30th of this year, a survey has shown that seat belt usage is at an all-time high of 85 percent in Florida. What's remarkable about this increase is it marks the first time Florida's rate has excceded the national average of 84 percent. The the new law set in place allows for police officers to pull drivers over soley for not wearing a safety... Posted on October 30, 2009 at 08:32 am by Dean H. Freeman

Rank This Week: 2327

Florida Injury Lawyer Blog

Covers auto accidents, dangerous products, injuries to children and work-related accidents. By Law Offices Cytryn & Velazquez, P.A.

http://www.flainjurylawyerblog.com/

Nov 17
Hollywood, Florida Car Accident Ends in Fiery Tragedy

A multiple vehicle accident in Hollywood, Florida, last night closed the southbound lanes of I-95 during the evening rush hour until approximately 10:30 p.m. According to reports, the driver of an SUV sideswiped two vehicles and attempted to flee from the scene. In this attempt, the fleeing driver struck another car and finally crashed into another SUV that was stopped in the emergency lane. Both SUVs burst into flames, trapping and killing the driver of the stopped SUV. The alleged at-fault... Posted on November 17, 2009 at 08:03 am by Gabriel Mejia, Esq.
Nov 10
Miami, Florida Pedestrians Face Serious Danger on Roads

Miami and the surrounding metropolitan area has been ranked the third most dangerous location for pedestrians in a recent study conducted by Transportation for America and the Surface Transportation Policy Partnership. The third most dangerous location for pedestrians includes the areas of Miami, Fort Lauderdale, Pompano Beach and their suburbs. The Miami metropolitan area ranked just behind two other Florida locations -- Orlando-Kissimmee and Tampa-St. Petersburg-Clearwater -- which ranked... Posted on November 10, 2009 at 06:51 am by Gabriel Mejia, Esq.
Nov 5
Firefighter Rule Abolished in Florida

Prior to the enactment of Florida Statute &#xc2&#xa7 112.182 in 1990, police officers and firefighters in Florida were not able to sue property owners for ordinary negligence that resulted in injury while they were on duty. Police officers and firefighters were considered licensees upon the premises they were responding to, and the owners or occupiers of the premises only had to refrain from wanton negligence or willful conduct and were only responsible for warning of known, unseen dangers. The... Posted on November 5, 2009 at 10:19 am by Gabriel Mejia, Esq.

Rank This Week: 2332

Jacksonville Injury Attorney Blog

Covers auto accidents, medical malpractice and workers compensation. By Thomas & Lawrence, P.A.

http://www.jacksonvilleinjuryattorneyblog.com/

Nov 17
Flagler County Jury Awards $5.1 Million in Fatal Truck Accident Case

A Flagler County jury returned a $5.1 million verdict in a wrongful death case resulting from a fatal trucking accident. A tractor trailer struck a husband and wife driving a minivan. The accident happened at a rural intersection and the plaintiff claimed that the truck driver ran a stop sign. The wife was killed instantly and the husband suffered personal injuries including a pelvic fracture. The two had recently retired and moved to Palm Coast, Florida, located about one hour south of... Posted on November 17, 2009 at 07:38 am by Thomas & Lawrence
Nov 11
Pedestrian Struck by Car in Jacksonville Suffers Life-Threatening Injuries

Last night, a pedestrian was struck by a sport-utility vehicle at a Jacksonville Northside intersection. The SUV was traveling on North Main Street near 53rd Street when the man was struck. It was raining at the time of the accident. The victim was taken to Shands Jacksonville Medical Center with life-threatening personal injuries. A relative told the Times-Union that he died. Car accidents involving pedestrians seem are far too common in the Jacksonville area. Of course, these types of... Posted on November 11, 2009 at 12:53 pm by Thomas & Lawrence
Nov 10
Five Vehicle Accident on I-95 in Jacksonville Leaves Four Injured

This morning, on I-95 near downtown Jacksonville, one car accident lead to two more. After an initial vehicle accident, a police officer was on the scene. A work truck then collided with the officer's patrol car. Following that, an ambulance following the work truck crashed and rolled over. The ambulance was carrying a patient, whose status is unknown. However the police officer and three others suffered personal injuries and were taken to a Jacksonville hospital. Auto accidents such as this... Posted on November 10, 2009 at 11:28 am by Thomas & Lawrence

Rank This Week: 2335

Florida Injury Attorney Blog

Covers news and events related to auto accident, truck accident, and product liability cases. Published by Jacksonville, Florida based Law Office of Shorstein & Lasnetski.

http://www.florida-injury-attorney-blog.com/

Nov 17
Jacksonville Man Killed in Hit and Run Accident

A Jacksonville, Florida pedestrian was killed after he was struck by a pickup truck that left the scene immediately after the accident in timuquana road, according to an article on News4jax.com. The driver of the pickup truck was located a few miles from the crash and arrested on felony hit and run charges. The victim, Alphonso Dow, died at the scene of the crash. In wrongful death cases like this one, the fact that the at fault driver violated the law and left the scene is relevant to the case... Posted on November 17, 2009 at 07:20 am by Shorstein & Lasnetski
Nov 17
Serious Injury Accident in Nassau County May Have Involved Alcohol

A man was seriously injured when another vehicle apparently ran a stop sign and crashed into his vehicle on U.S. 1 in Nassau County, Florida, according to an article on News4Jax.com. The man who was hit, Marvin Henderson of Hilliard, Florida, was taken to the hospital from the scene of the crash. The article indicates that the police are looking into whether the other driver who ran the stop sign was intoxicated. In any personal injury case with serious injuries, it is important to look into... Posted on November 17, 2009 at 12:10 am by Shorstein & Lasnetski
Nov 15
Trucking Companies Sanctioned For Hiring Truck Drivers With Drug and Alcohol Use Issues

There are specific rules and regulations in place designed to prevent serious injury and fatal accidents involving semi truck drivers with drug and/or alcohol problems. Before a trucking company hires a truck driver and sends him/her out on the road, that company must make sure the truck driver has been drug tested. The trucking company is also obligated to investigate whether the truck driver has a drug or alcohol problem or has ever tested positive for a prior drug or alcohol test.... Posted on November 15, 2009 at 10:46 am by Shorstein & Lasnetski

Rank This Week: 2337

Florida Car Accident Lawyer Blog

Covers Florida auto accidents, auto insurance, and personal injury claims. By The Law Offices of Flaxman & Lopez.

http://www.floridacaraccidentlawyerblog.com/

Nov 17
Driving Out of State? Consider Seasonal Driving Issues

Florida drivers are lucky. In addition to beautiful weather and lots of natural beauty, drivers from Florida do not usually need to worry about heavy snow and ice when driving. However, during the fall and winter many Florida residents leave the state to visit friends and family in other, colder climates. In some parts of the country, snow has already arrived. Florida drivers can be less used to winter weather driving and in bad weather, this lack of experience can mean car collisions,... Posted on November 17, 2009 at 06:18 am by Flaxman Law Group
Oct 27
Is Dangerous Driving Genetic?

Researchers at the University of California Irvine have been studying bad driving and have found that genetics may play a role in poor driving performance. According to researchers, drivers with one specific gene variant fared 20% worse on driving tests than drivers without the gene variant. Worse, researchers found that about 30% of drivers in the US may have the gene variant that has been linked to poor driving performance. According to one of the researchers, Dr. Steven Cramer subjects who... Posted on October 27, 2009 at 07:20 am by Flaxman Law Group
Oct 22
Halloween Driving Has its Unique Hazards

Driving around Halloween time is not just about watching for parents and children going door to door to trick or treat. This time of year has several risks that you need to be aware of if you wish to avoid car crashes and the personal injuries they cause: 1) Leaves. Wet, fallen leaves can cause a slick road surface, which can make it harder to brake quickly. Give yourself extra time to stop. Also, have your car tuned up and checked up to ensure that it is in good mechanical order. 2) It's not... Posted on October 22, 2009 at 07:13 am by Flaxman Law Group

Rank This Week: 2348

DIY Divorce in Florida

Offers free legal tips to people representing themselves in Florida divorces. By Pamela S. Wynn.

http://diydivorce.typepad.com/diy_divorce_in_florida/

Nov 17
Change # 7 2009 Florida Child Relocation Changes: Time Frames

Florida law changed again with respect to relocating a child during & after divorce. Effective October 1, 2009, the Florida Legislature revised the child relocation law Posted on November 17, 2009 at 05:25 am by Pamela
Nov 10
Change #6: 2009 Florida Child Relocation Procedure - No Objection = No Hearing

During or after a Florida divorce, what happens when the non-moving parent does not file an objection (on time) to the relocation of the children? Posted on November 10, 2009 at 05:34 am by Pamela
Nov 9
Divorce Blogs & News: Week of November 6, 2009

Blog posts that caught my eye last week include Posted on November 9, 2009 at 08:48 am by Pamela

Rank This Week: 2357

Miami Criminal Lawyers Blog

Covers Florida criminal law in the areas of domestic violence, drug crimes, and theft crimes. By Musca Law.

http://www.miamicriminallawyersblog.com/

Nov 16
Attorney Musca on Miami Teen Charged With Possession of a Weapon on School Grounds

Miami-Dade high school reported that a 14 year old student brought a loaded weapon to school. The Police were called by a counselor at the School for Applied Technology, an alternative school after a student made a threat against another student. After the students book bag had been searched by an officer that was called to the scene, a loaded 9 mm handgun was discovered. The teen was immediately arrested and charged with possession of a weapon on school grounds. He was then transported to the... Posted on November 16, 2009 at 10:40 am by Musca Law
Nov 12
Attorney Musca on Guilty Plea in Miami Prostitution Ring

Last April a Miami couple had been indicted on approximately 58 counts of operating a prostitution ring, money laundering and tax fraud. The couple had used their escort service as a cover up according to investigators. The couple has now accepted a plea of guilty from federal prosecutors. The couple maintained an adult internet website entitled "Sweeties.us." Ads were also placed in local newspapers looking for "models" and "phone operators." Both individuals were responsible for interviewing... Posted on November 12, 2009 at 12:20 pm by Musca Law
Nov 4
Attorney John Musca on Man Accused of Identity Theft

Miami- Detectives are investigating a man who has allegedly been stealing identities and passing counterfeit checks across South Florida. This form of criminal act is often referred to as Identity Theft. In a statement made by police the suspect enters the victim's banks to then deposit counterfeit checks into their accounts. A split deposit is made where the suspect deposits a phony check into the victim's account to then withdraw a portion of the funds. Identity theft is a crime that is... Posted on November 4, 2009 at 02:10 pm by Musca Law

Rank This Week: 2400

Florida Probate Lawyer Blog

Covers estate, guardianship, probate and trust litigation. By Law Offices of Adrian Philip Thomas.

http://www.florida-probate-lawyer.com/probate

Nov 16
Probate Litigation

Fourth DCA overturns Broward Probate Court's eviction of son from his deceased mother's apartment. My blog has previously discussed the Fourth District's view, articulated in Herrilka v. Yates, 13 So.3d 122 (Fla. 4th DCA 2009) on the limitations on an estate fiduciary in taking or encumbering homestead property. Herrilka involved a dispute between two women who both claimed to be married to the decedent; consequently, a curator-Christine Yates-was appointed to marshal the estate assets. One of... Posted on November 16, 2009 at 08:42 am by Adrian P. Thomas
Nov 12
Exploitation of the Elderly

Elders and Vulnerable Adults Frequently Get Taken For a Ride According to some recent statistical surveys, there will be 71.5 million people living in the United States who are over 65 years of age by the year 2030. With the increase in the number of elderly persons moving to Florida, there will of course be a proportional number of those living here who have cognitive disabilities. These seniors are frequently vulnerable targets of exploitation. Florida has taken steps to increase the... Posted on November 12, 2009 at 11:47 am by Adrian P. Thomas
Nov 3
The Duties of Remaindermen

Court Allows Claim for Establishment and Foreclosure of Equitable Lien My practice is frequently faced with inquiries regarding the rights of remaindermen. A remainderman is the person who inherits or is entitled under the law to inherit property upon the termination of the estate of the former owner. Usually this occurs due to the death or termination of the former owner's life estate, but this can also occur due to a specific notation in a trust passing ownership from one person to another.... Posted on November 3, 2009 at 12:09 pm by Adrian P. Thomas

Rank This Week: 2406

Florida Accident Attorney Blog

Covers premises liability, work related injury claims, and vehicle accident updates. Published by Florida personal injury law firm, Chalik & Chalik.

http://www.floridaaccidentattorneyblog.com/

Nov 15
Palm Beach County Car Accidents Result in Two Elderly Florida Pedestrian Deaths

West Palm Beach and Delray Beach, Florida were the sites of two separate fatal traffic accidents that claimed the lives of two elderly Florida pedestrians within a 24-hour period. According to news reports, on Weds. Nov. 12, Mona Radowsky of West Palm Beach, Florida, whose age has been reported as 81 or 91, was struck by a Toyota as she walked north across the westbound lanes of Okeechobee Blvd. This car - pedestrian accident occurred around 6:30 p.m. in the evening. On the evening of Tues.... Posted on November 15, 2009 at 03:52 pm
Nov 12
Broward General Medical Center Issues Second Patient Testing Notice re: Disease Exposure Due to Nurse Accused of Reusing IV Bags and Tubing

Broward General Medical Center has issued a patient notice update regarding the investigation of a Broward Medical nurse who reused IV bags and tubes on cardiac stress test patients. A Nov. 9, 2009 update posted on the Fort Lauderdale, Florida based Broward Medical Center's website (see link below) reports that 1,851 patients were sent certified letters notifying them of possible exposure to diseases due to the nurse's alleged misuse of IV equipment. The hospital asked patients to call a... Posted on November 12, 2009 at 05:06 am
Nov 10
Lee County, Florida Car and Bike Accident on U.S. 41 Sends Teen to Hospital

A South Fort Myers High teen from San Carlos Park, Florida was hospitalized after being struck by an SUV while riding his bicycle along busy U.S. 41. According to news reports, 15-year-old Todd Beland was airlifted to Lee Memorial Hospital earlier this week after being struck and injured in a Lee County traffic accident. Police told the press that teens were cycling in and out of traffic on the heavily traveled highway, when Beland was struck by a car that could not stop in time. The Fort Myers... Posted on November 10, 2009 at 03:11 pm

Rank This Week: 2440

Tampa DUI Lawyer Blog

Covers DUI offenses in Tampa, Florida. By the Law Offices of Jason M. Melton, P.A.

http://www.tampa-dui-lawyer-blog.com/

Nov 14
Officer, can I have fries with that? Woman mistakes cop for Sonic car hop and is charged DUI

Fast food can be very bad for you, but who knew this bad? Yesterday, a woman mistook a police officer for a Sonic car hop and as a result, was charged with DUI and possession of drug paraphernalia. According to the Associated Press, a 911 caller reported the woman after she nearly struck several vehicles before pulling into the drive-in. When they arrived, law enforcement found the woman slumped over the steering wheel. When a female officer tried to get the woman's attention, the woman handed... Posted on November 14, 2009 at 07:29 pm by Jason M. Melton
Nov 5
Man on lawnmower charged with Marion County DUI after hitting school bus

This new report is pretty unbelievable. The Orlando Sentinel is reporting that a central Florida man has been charged with driving under the influence after Marion County law enforcement said he crashed a stolen riding lawnmower into a school bus. The Marion County Sheriff's Office reports that two men were riding the lawnmower down a Belleview road last week when a deputy responded to the area. The mower had been reported stolen from an Ocklawaha home earlier that morning. According to the... Posted on November 5, 2009 at 12:26 pm by Jason M. Melton
Oct 19
Levy County/ Gainesville Criminal Defense Lawyer Jason Melton Discusses a Recent Arrest for DUI, LSA with Injuries and NVDL

According to the Gainesville Sun, a 25 year-old Chiefland man was arrested with minor injuries after he allegedly struck another vehicle leaving the driver of that vehicle hospitalized. To make matters worse, the charges also allege that he not only committed Driving Under the Influence, but he allegedly left the scene of the accident and did not have a valid Florida Driver's License. Florida Highway Patrol has indicated that the driver, and future Levy county Defendant, was spotted weaving in... Posted on October 19, 2009 at 01:00 pm by Jason M. Melton

Rank This Week: 2453

South Florida Estate Planning Law

Covers South Florida estate planning, probate and tax law issues. By David Shulman.

http://www.sofloridaestateplanning.com/

Nov 14
I'm Not Writing About Pending Estate Tax Legislation

I keep seeing stories about various estate tax reform bills that have been introduced in Congress. They range from repealing it, to extending the exemption, to raising the exemption to lowering it, etc. I'm not going to waste time and effort reading the various bills and the tea leaves. When Congress actually does something, I'll report on it. Until then, we're still in limbo. Posted on November 14, 2009 at 06:32 pm
Nov 13
Oasis of the Seas

Ok, this has nothing at all to do with estate planning. But after yesterday's rant, I thought I'd post something a little different. The Oasis of the Seas, the world's largest cruise ship arrived in Fort Lauderdale Today. Here are a few picture of it that I took from my balcony. The first is with optical zoom and the next is with digital zoom. Posted on November 13, 2009 at 10:53 am
Nov 12
The Wall Street Journal Totally Blows it on Online Wills

I can't believe it. I have long admired the Wall Street Journal and considered them a paragon of straightforward and relatively high level journalism. Sure the editorial page leans conservative, and there has always been a general pro-corporate tinge to its stories. But I've always considered it more respectable than most other news sources. Not anymore. Today, the Wall Street Journal has led their readers horribly astray in such a manner that may cause untold pain and suffering (along with... Posted on November 12, 2009 at 01:37 pm

Rank This Week: 2455

Miami Employment Lawyer Blog

Covers Florida employment law topics, including overtime, FLSA, minimum wage, and employment discrimination. By Law Offices of Santiago J. Padilla, P.A.

http://www.miamiemploymentlawyerblog.com/

Nov 14
Florida Courts Hold that Waiting Time is Compensable if Spent Primarily for the Benefit of the Employer Even if the Employee Does Nothing

Many prospective clients have asked whether they are entitled to be paid when they are simply waiting to work or are "on-call." For example, the classic case is where the employer calls the employee in to work but, because of various circumstances, the employee is then told to wait before commencing work either because a table has not been seated, customers have not yet arrived, or other similar type of matter. The general rule under the Fair Labor Standards Act (FLSA) is that if the waiting... Posted on November 14, 2009 at 07:47 am by Santiago J. Padilla
Oct 28
Florida Court of Appeals Holds that an Employee Who Voluntarily Quits her Job May Still Receive Unemployment Compensation Benefits

Many employees think that they are not entitled to unemployment compensation benefits if they quit their job. However, that is simply not true. While it is a commonly held belief that an employee who quits his job is not entitled to unemployment compensation benefits, a recent decision of the 1st District Court of Appeals in Florida demonstrates that this is not true in all cases. In essence, the Court held that even if an employee voluntarily quits his job, the employee does not necessarily... Posted on October 28, 2009 at 08:34 pm by Santiago J. Padilla
Oct 11
Court Holds that "Mere Flirting" in the Workplace is Fine; Sexual Harassment Must be Pervasive in Order to be Illegal

The Eleventh Circuit Court of Appeals (which covers Florida), recently held that "mere flirting" in the workplace is not actionable because it is part of workplace socializing. In that case, Corbitt v. Home Depot U.S.A., Inc., No. 08-12199 (11th Cir., 2009), two employees were subjected to comments, caressing, unwanted hugs, stroking of their hair, and touching of their thighs by their supervisor. The two employees were also subjected to sexually harassing telephone calls, invitations to go out... Posted on October 11, 2009 at 12:34 pm by Santiago J. Padilla

Rank This Week: 2469

The Appellate Gourmet (c)

Covers the many flavors of appellate issues and law. By Dorothy Easley.

http://appellategourmetappealsinflorida.blogspot.com/

Nov 14
Internet law

Judge Rules Web Commenter Will Be Unmasked to Mom of Criticized Teen From ABA Journal Weekly, Posted Nov 9, 2009, 04:00 pm CST By Martha Neil An Illinois judge has decided that an anonymous commenter on a newspaper website will be unmasked, even though the mother of a teen about whom "Hipcheck16" allegedly made "deeply disturbing" comments hasn't yet decided whether to sue over the posting. The mother, Lisa Stone, is a trustee of Buffalo Grove in suburban Chicago. The comments on the Daily... Posted on November 14, 2009 at 07:06 am by Law Lady
Nov 9
Home Court Showdown at the Supreme Court

Battle over wage-and-hour action against Hertz is all about location, location, location a post by Marcia Coyle in The National Law Journal November 10, 2009 "The auto rental giant Hertz is incorporated in Delaware, has its headquarters in New Jersey and does its biggest volume of business in California. So where is Hertz's "principal place of business?" The answer depends on which federal appellate court is asking the question. During the past 51 years, federal courts have used a hodgepodge of... Posted on November 9, 2009 at 10:40 pm by Law Lady
Nov 8
Explanation of benefits, valid medical reports and spicey cornbread

Insurance -- Personal injury protection -- Explanation of benefits -- Circuit court appellate division departed from essential requirements of law in affirming county court judgment finding that an insured has a private cause of action against a PIP insurer who fails to provide its insured an itemized specification of each item the insurer has reduced, omitted, or declined to pay within 30 days after the insurer is furnished written notice of the fact of a covered loss and the amount -- There... Posted on November 8, 2009 at 08:33 pm by Law Lady

Rank This Week: 2473

Florida Criminal Attorneys Blog

Covers Florida criminal offenses, including domestic violence, murder, and violation of probation. By Musca Law.

http://www.floridacriminalattorneysblog.com/

Nov 13
Ft. Myers Underage Victim Prostituted to Brothels by Husband

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... Posted on November 13, 2009 at 01:33 pm by Musca Law
Nov 4
Cape Coral Teen Accused of Orchestrating the Burlgary of his Girlfriends' Homes

A Cape Coral teenager has been arrested on burglary and larceny charges against two girls he dated. Officers accused the suspect, 17-year old James Castillo, of inviting the girls to sneak out of their parents' home in the middle of the night to meet him. Castillo's friends then allegedly entered the victims' rooms through their unlocked windows and burglarized the location. The burglaries happened on two separate occasions. The first incident occurred on August 4, when police were called to... Posted on November 4, 2009 at 03:04 pm by Musca Law
Oct 26
Attorney Musca Discusses Ft. Myers Arrest of Drug Suspect inside Steak & Shake

Officers attempted to pull over a driver with an expired tag off of Cleveland Avenue in Ft. Myers. The driver pulled into the parking lot of a Steak and Shake restaurant and exited his vehicle. The suspect, 26-year old Ricardo Blanc, then made his way towards the entrance of the restaurant. Officers ordered Blanc to stop, but he refused and entered the establishment. The deputies followed the suspect into the woman's restroom where they deployed their tasers against Blanc's back. Blanc fell to... Posted on October 26, 2009 at 01:43 pm by Musca Law

Rank This Week: 2487

Florida Collection Law Blog

Covers consumer, commercial, and medical debt collection in Florida. By Jorge M. Abril.

http://floridacollectionlaw.blogspot.com/

Nov 13
Advanced Collection Strategies

Jorge Abril, partner at the law firm of Jorge M. Abril, P.A., will speak at a National Business Institute seminar entitled Advanced Collection Strategies, on March 2, 2010. His lecture will include discussions on illegal collection practices and on collecting business / commercial debt. More information, including registration instructions and costs, can be found here. Jorge is also scheduled to present a live teleconference entitled Asset Discovery in January 2010. The details of that... Posted on November 13, 2009 at 01:26 pm
Oct 19
Another Federal Circuit Holds Debt Collectors Can't Leave Voicemail Without Violating the FDCPA

The Fair Debt Collection Practices Act (FDCPA) prohibits a debt collector from disclosing information regarding the debt to third parties in the debtor's home (except the debtor's spouse). It also requires a debt collector to disclose to the debtor in the first communication and in every subsequent communication, whether written or oral, that the communication is from a debt collector and is an attempt to collect a debt. See generally 15 USC sections 1692c and 1692e. When read together, these... Posted on October 19, 2009 at 10:56 pm
Oct 13
Chrysler Fraudulent Transfer Case Study Part II - Constructive Fraudulent Transfer Under the Bankruptcy Code and the Uniform Fraudulent Transfer Act

It is now time for Part II of our fraudulent transfer case study, where we discuss constructive fraudulent transfers under the Bankruptcy Code and the Uniform Fraudulent Transfer Act. This installment is being posted on our JD Supra page, as its content proves too long for a single blog post. Click here to view the article. In Part III, coming soon, we will discuss the challenges to pleading and proving a case of intentional fraudulent transfer. Posted on October 13, 2009 at 09:09 am

Rank This Week: 2488

Polk County DUI Attorney Blog

Covers Florida DUI charges, including DUI manslaughter and felony DUI. By Musca Law.

http://www.polkcountyduiattorneyblog.com/

Nov 13
Attorney Musca Discusses Polk County DUI for Texting Driver

A driver has been arrested for a Polk County DUI after he allegedly causing a traffic crash while texting. The defendant, 26-year old Stephen Wade Horne, is accused of texting on his cell phone when he crashed into a stopped garbage truck. A trash collector employee, 20-year old Emmanuel Mejia, fell victim to the accident and was pinned between the vehicles. Mejia ended up losing both of his legs from injury. The accident occurred in August, but the Polk County Sheriff's Department arrested... Posted on November 13, 2009 at 12:03 pm by Musca Law
Nov 1
Attorney Musca Discusses Polk County Power Outage After DUI Crash

Last week more than 4,000 Polk County residents lost power for over 16 hours after a suspected drunk driver collided with a main electrical transmission pole. The accident occurred around 4:15 a.m. Old Polk City Road in Polk County. Officers arrested the driver of a 2005 Honda sedan, 28-year old Luke Huber, for DUI. Huber only suffered minor injuries as a result of the alcohol related crash, but Lakeland Electric had a major power outage to deal with. Huber damaged the internal transmission... Posted on November 1, 2009 at 07:48 pm by Musca Law
Oct 20
Central Florida Doctor Convicted of DUI Faces Additional Charges

After numerous dealings with the law, a Leesburg doctor may lose his hospital privileges while he awaits trial in jail without bond. Two local hospital administrators have stated that they plan on terminating the accused, 51-year old Dr. Akram Ismail, clinical practicing privileges at both Leesburg Regional Medical Center and The Villages Regional Hospital. Ismail practices internal medicine and gastroenterology in the central Florida area. In 2004, the doctor faced DUI and reckless driving... Posted on October 20, 2009 at 04:29 pm by Musca Law

Rank This Week: 2493

Musings on Immigration

Covers immigration issues, including current political and social events and their impact on immigration law and reform. By Kuck Casablanca LLC.

http://www.immigration.net/Blog

Nov 12
BALLOON BOY’S MOM’S IMMIGRATION BUBBLE ABOUT TO BURST?

My official source for news, TMZ, is reporting that Balloon Boy's mom, Mayumi, is not a U.S. citizen, and could possibly face deportation depending on the crime she is eventually convicted of. Mayumi's attorney purportedly explained that she is a "Japanese citizen" and could force deportation if convicted of a felony or "certain misdemeanor." What is not clear from the blurb is whether Mayumi has any status at all, though it appears that she may be a lawful permanent resident (LPR). If she is... Posted on November 12, 2009 at 03:35 pm by Dustin Baxter
Nov 12
BRACE YOURSELF GWINNETT!

Citizens of Gwinnett County (with skin that is not white)&#xe2€&#xa6brace yourself for a barrage of racial profiling at its best. Prepare to be pulled over for trumped up traffic violations so under-trained police officers can inquire into your immigration status in an attempt to bring another prized "illegal" back to the station so that the County can receive federal money for housing them. Prepare to be questioned regarding your immigration status if you call the police for help after having been the... Posted on November 12, 2009 at 03:33 pm by Dustin Baxter
Nov 4
Who is an “American?”

This last weekend, for the first time since 1982, an AMERICAN won the NYC Marathon. As someone who has run several marathons and who would have been lapped by this winner, I greatly admire these fleet footed men and women. Why is this an immigration issue? Well, it turns out a commentator on CNBC by the name of Darren Rovell thinks there are different kinds of "Americans." In this case, Meg Keflezighi, an American ,who immigrated to the United States when he was 12 as a refugee, proudly wore... Posted on November 4, 2009 at 10:53 am by Charles Kuck

Rank This Week: 2518

Florida Abogado de Accidentes Blog...

Florida Abogado de Accidentes Blog

Spanish language blog on Florida accident and personal injury law. By Flaxman Law Group.

http://www.floridaabogadodeaccidentesblog.com/

Nov 12
Los Accidentes Automovilísticos por Conducir Bajo la Influencia Pueden ser Causados por los Medicamentos Recetados

Cuando los conductores piensan en los accidentes por conducir en estado de ebriedad, &#xc3&#xa9stos piensan en los accidentes causados por el consumo de alcohol. A&#xc3&#xban cuando sea verdad que el manejar en estado de ebriedad causa fatalidades y serias lesiones personales -incluyendo lesiones permanentes en la m&#xc3&#xa9dula espinal y lesiones cerebrales-, los conductores tambi&#xc3&#xa9n pueden estar manejando bajo la influencia de otras sustancias, no solamente el alcohol. A&#xc3&#xban cuando usted no maneje si ha tomado,... Posted on November 12, 2009 at 01:13 pm by Flaxman Law Group
Nov 10
¿Qué Sucede en la Investigación de un Accidente de Auto?

Una vez que ocurre un accidente de autom&#xc3&#xb3vil, las autoridades llegan al lugar de los hechos y empiezan a recolectar las evidencias para su investigaci&#xc3&#xb3n. Conforme pasan los d&#xc3&#xadas o las semanas, estas autoridades sacan una versi&#xc3&#xb3n de qu&#xc3&#xa9 fue lo que provoc&#xc3&#xb3 el accidente. Si alguien ha contratado abogados, &#xc3&#xa9stos generalmente contratan a su propio investigador privado para investigar las causas del accidente. Generalmente tanto las autoridades como los investigadores se basan en las mismas... Posted on November 10, 2009 at 12:56 pm by Flaxman Law Group
Nov 4
¿Necesita un Abogado de Lesiones Personales para un Accidente de Bicicleta?

Muchas personas asumen que los accidentes de bicicletas son "demasiado insignificantes" para necesitar a un abogado. Esto no es cierto. Cada a&#xc3&#xb1o, los accidentes de bicicletas ocasionan fatalidades y lesiones serias incluyendo, lesiones cerebrales, husos rotos, y lesiones en la m&#xc3&#xa9dula espinal. A&#xc3&#xban los accidentes leves pueden afectar gravemente la vida del ciclista. Si usted ha estado involucrado en un accidente de bicicleta, un buen abogado del estado de la Florida puede: 1. Ayudarle a... Posted on November 4, 2009 at 09:09 pm by Flaxman Law Group

Rank This Week: 2527

Cramer Law Center

Covers Florida estate planning.

http://cramerlawcenter.com

Nov 12
YOUR CRAZY UNCLE IS DEMANDING TO BE YOUR CHILDREN’S GUARDIAN!

This is the third newsletter in our series discussing the 6 common mistakes parents make when naming guardians for their children. Mistake #3: You probably did not exclude anyone who might challenge your decisions or who you know you would never want raising your children. Have you thought about excluding someone who might challenge your guardianship decisions or who you are certain you would never want raising your children? In every family, there is at least one relative that you just try to... Posted on November 12, 2009 at 10:32 am by Jeffrey A. Cramer
Nov 10
MOVIE REVIEW: “EMMA” AND SECOND MARRIAGE PLANNING

We previously reviewed the Frank Capra film "You Can't Take It With You". Another movie with estate planning overtones is the 1932 classic "Emma", starring Marie Dressler in an Oscar-nominated role. Emma is the story of an elderly housekeeper who cares for a motherless family, actually raising the youngest, Ronnie, when his mother dies in childbirth. The entire family is very dependent upon her. The father, Frederick Smith, becomes very wealthy. The children grow up in wealth and, with the... Posted on November 10, 2009 at 11:47 am by Jeffrey A. Cramer
Nov 10
Special Anniversary Edition

Well, well&#xe2€&#xa6 It was 25 years ago today that I hung out my shingle on a vintage house built in 1906 (behind a car wash) in Pensacola, Florida. The car wash was the source of many jokes at my expense! I scrounged up some used furniture, bought a brand new IBM Selectric typewriter and hired a legal secretary with sensible shoes. The Law Office of Jeffrey A. Cramer was open for business. The practice grew and we opened a second office in Jacksonville over 16 years ago. The commute back and forth... Posted on November 10, 2009 at 05:31 am by Jeffrey A. Cramer

Rank This Week: 2533

Jacksonville Criminal Defense...

Jacksonville Criminal Defense Lawyer Blog

Covers DUI, DWI, armed robbery, assault, and gun crimes. By Cynthia M. Veintemillas.

http://www.jacksonvillecriminaldefenselawyerblog.com/

Nov 12
United States Supreme Court to Rule on Jacksonville Juvenile Case

On November 9, 2009, the United States Supreme Court heard oral arguments in two Florida cases that challenged sentencing a juvenile offender to a life sentence without the possibility of parole in non-homicide cases. One case involved a Jacksonville Juvenile Defendant, Jamar Graham. At age 16, Graham committed an armed burglary. He received a sentence that included probation. At age 17, Graham committed a home invasion armed robbery and violated his probation. Thereafter, he was sentenced to... Posted on November 12, 2009 at 08:27 am by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas
Nov 3
Possession of a Firearm by a Convicted Felon: Can I Be Charged in Jacksonville if My Spouse Owns the Gun?

According to Florida Statute Section 790.23, a person that has previously been convicted of a felony cannot possess a firearm. Under Section Section 10.15 of the Florida Standard Jury Instructions, the state must prove that the convicted felon had in his care, custody, possession, or control a firearm, electric weapon/device, or ammunition. Whether or not a convicted felon can be charged with Jacksonville Possession of a Firearm by a convicted felon that his or her spouse owns will depend on... Posted on November 3, 2009 at 06:33 am by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas
Oct 30
Jacksonville Juvenile Criminal Cases: Who Pays the Restitution

In a Jacksonville Juvenile Criminal Case, the juvenile defendant is the party that is accused of committing a crime, not the juvenile's parent. However, parents can be obligated to pay restitution in their child's criminal case. Restitution is normally the amount of money or value of the property that the alleged victim has lost due to the defendant's actions. In a Jacksonville Juvenile Criminal Case, the parent and child can be responsible for paying for this loss, because the court has... Posted on October 30, 2009 at 08:37 am by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas

Rank This Week: 2539

The Legal Conservative

Discusses law and cases from a conservative perspective. By the Woodring Law Firm.

http://www.woodringlawfirm.com/legal_conservative_blog

Nov 12
Investors.com – Another Radical Judge

Investors.com - Another Radical Judge. Interesting and troubling editorial about a candidate for the 7th Circuit Court of Appeals. Posted on November 12, 2009 at 07:18 am by Woodring Law
Oct 27
Supreme Court Justices debate, draw laughs at Tucson event | www.azstarnet.com ®

Supreme Court Justices debate, draw laughs at Tucson event | www.azstarnet.com &#xc2&#xae. Interesting brief article discussing Justices Scalia and Breyer's debate on how to interpret a constitution. Posted on October 27, 2009 at 01:20 pm by Woodring Law
Oct 16
Cases Arising out of Florida’s Foreclosures and Down Property Market

One of the biggest economic concerns in Florida continues to be the decreased prices in the real property markets, both residential and more recently commercial. Any time this type of financial upheaval occurs, important legal cases will result, although sometime the maxim that difficult facts can result in bad law holds true. The classic example [...] Posted on October 16, 2009 at 08:29 am by Woodring Law

Rank This Week: 2543

Florida Securities Litigation...

Florida Securities Litigation & Arbitration Blog

Covers securities class action litigation and FINRA arbitrations, SEC regulatory developments and FINRA disciplinary decisions. By Jay Eng.

http://floridasecuritieslitigation.com/

Nov 12
NINTH CIRCUIT SAYS LEAD PLAINTIFF SELECTS LEAD COUNSEL, NOT TRIAL JUDGE

On November 5, 2009, the Ninth Circuit issued an Opinion regarding the PSLRA's provision for selection of lead counsel after the trial court did not appoint as lead counsel, the law firm selected by the court-appointed lead plaintiff. The Court noted: The statute expressly provides that lead plaintiff has the power to select lead counsel, [...] Posted on November 12, 2009 at 04:32 am by Jay Eng
Nov 3
SEC ISSUES UPDATED GUIDANCE ON INTERPRETATION OF ACCOUNTING RULE FOR OIL & GAS INDUSTRY

On October 30, 2009, the SEC issued updated guidance on how its staff interprets accounting rules concerning the oil and gas industry. The changes in Staff Accounting Bulletin No. 113 include: &#xe2€&#xa2 changing the price used in determining quantities of oil and gas reserves; &#xe2€&#xa2 eliminating the option to use post-quarter-end prices to evaluate write-offs of excess [...] Posted on November 3, 2009 at 05:08 am by Jay Eng
Oct 22
SENIOR SUPERVISORS GROUP ISSUES A REPORT TITLED RISK MANAGEMENT LESSONS FROM THE GLOBAL BANKING CRISIS OF 2008

On October 21, 2009, the Senior Supervisors Group issues a report titled Risk Management Lessons from the Global Banking Crisis of 2008 discussing the "vulnerabilities of financial firms whose business models depended too heavily on uninterrupted access to secured financing markets, often at excessively high leverage levels." The Group identifed, among other things that, a [...] Posted on October 22, 2009 at 05:45 am by Jay Eng

Rank This Week: 2550

Tampa Criminal Defense Attorney

Covers expungements, drug offenses, domestic violence and other criminal offenses in Florida. By the Sammis Law Firm.

http://criminal-defense-attorney-tampa.blogspot.com/

Nov 12
Fleeing and Attemepting to Elude a Police Officer in Tampa, Hillsborough County

Result: Charges in Case Number 2009-CF-017923 Dropped on November 12, 2009 when the State Attorney's Office for the Thirteenth Judicial Circuit in Tampa, Hillsborough County, FL, filed a "Notice of Nolle Prosequi." Facts: A woman from South Florida was cited on August 14, 2009 with fleeing and attempting to elude a police officer after she allegedly failed to pull over immediately for an officer with the Tampa Police Department. The Tampa Police Department officer also issued our client a... Posted on November 12, 2009 at 03:52 am by lsammis
Oct 30
Case Dismissed: Trafficking Drugs with 25 Year Minimum Mandatory

Result: On October 22, 2009, the Honorable Denise A. Pomponio, Circuit Court Judge for Tampa, Hillsborough County, FL, heard from three witnesses during a hearing and then granted our clients motion to suppress evidence - more than 28 grams of Oxycontin. Because the motion suppressed all evidence in the case, Judge Pomponio then granted our motion to dismiss all charges including Count I for drug trafficking and Count II for obstructing or opposing an officer with violence. The client was... Posted on October 30, 2009 at 02:58 am by lsammis
Oct 30
Fighting Possession of Cannabis with Intent to Sell in Tampa, Hillsborough County, FL

Results in Case No. 2009-MM-017082 in Tampa Hillsborough County, FL before Lawrence M. Lefler, County Court Judge: On October 26, 2009, the State Attorney's Office announces a "Nol Prosse" which means they dropped all charges on the day of jury selection. At the time, we had three motions pending: (1) a motion to suppressed based on a bad stop and prolonged detention; (2) a motion to dismissed based on lack of evidence of constructive possession; and (3) a notice of expiration of speedy trial... Posted on October 30, 2009 at 12:17 am by lsammis

Rank This Week: 2552

Broward DUI Lawyer

Covers Florida DUI news. By Carlos A. Canet.

http://www.broward-dui-lawyer.com

Nov 11
Woman Sentenced to 25 years in Prison for Florida DUI Manslaughter and Other DUI Charges

On Thursday, November 5 2009, a Florida woman lost her driver's license for life and was sentenced to 25 years in prison after a traffic accident in April. Florida Highway Patrol investigated the accident, and assistant state attorney John Molchan prosecuted the case. Pleading no contest to one count of DUI property damage, two counts of DUI with serious bodily injury, two counts of DUI manslaughter in September, June struck a vehicle head-on on April 4. The accident killed the other driver,... Posted on November 11, 2009 at 02:21 pm by admin
Oct 27
Drunk Bicyclist Charged with Florida DUI

On Monday night, deputies arrested and charged a man with DUI after he exited a taxi and rode his bicycle along Florida State Road 50. According to arrest reports, 45-year-old Jeremy B. Bowen of Brooksville, Florida gave two breathalyzer samples, showing results of a blood alcohol level of .234 and .239, respectively. For Florida DUI, the legal minimum for a DUI arrest is .08. Just before 10 p.m. on Monday evening, Mr. Bowen got in a taxi after having drinks at Legends Grill on Mariner... Posted on October 27, 2009 at 07:53 am by admin
Oct 13
Driver Charged with Florida DUI, Leaving Scene of Accident, Injuring Others

After hitting another vehicle and hospitalizing its driver, a drunk driver got away with minor injuries on Saturday. The other driver is hospitalized and in serious condition due to a [DUI in Florida]. Florida Highway Patrol reports that Abel S. Mixtega, age 25, from Chiefland, Florida was charged with Florida DUI, as well as charges from leaving the scene of an accident with injuries, and not having a driver's license. Mixtega and his passenger, Gorge Alonzo, received minor injuries and were... Posted on October 13, 2009 at 07:56 am by admin

Rank This Week: 2567

Tampa Bay Criminal Defense Lawyer...

Tampa Bay Criminal Defense Lawyer Blog

Covers Florida violent crimes, drug offenses, DUIs, traffic offenses and federal crimes. By Slavin Law Firm, LLC.

http://www.tampabaycriminaldefenselawyerblog.com/

Nov 11
ST. PETE: Charges Dropped Against Both Men in City Council Brawl

Pinellas County prosecutors have decided to drop charges against two (2) men who got into a humorous fist fight at a St. Petersburg City Council meeting. Frederick Dudley and Ronald Deaton were arrested in October after they began throwing punches during an argument over a decision to privatize a public sidewalk. The men, ages 76 and 61, respectively, were charged with Disorderly Conduct. Assistant State Attorney Richard Ripplinger said authorities have "better things to do than prosecute a... Posted on November 11, 2009 at 07:57 am by Aaron J. Slavin, Esq.
Nov 8
VIERA, FL: Pot-smoking minister Guilty of Growing it

A self-proclaimed minister who claimed he smokes marijuana for "religious" and health reasons has been found Guilty of a Felony charge of Manufacturing/Cultivating Marijuana for growing 100 plants. It took a Brevard County jury only 14 minutes Friday to find 53-year-old Steven Swallick Guilty of the above-mentioned offense. He faces up to 10 years in prison when sentenced next month. Swallick told the Judge outside the jury's presence that he is affiliated with the "Hawaiian Cannabis... Posted on November 8, 2009 at 08:14 am by Aaron J. Slavin, Esq.
Nov 7
POLK COUNTY: Undercover Detectives Bust Moonshine Operation

An "anonymous tip" led undercover detectives to a Bartow home, where they found a working moonshine still according to the Polk County Sheriff's Office. Detectives searched the house on Thomas Jefferson Circle East in Bartow, where they found the fully-operational still. They seized the still, along with seven jars of moonshine. The two men who live at the home, 54-year-old Kenneth Wayne Wilkerson and 36-year-old Rockie D. Smith, said they used the still to make moonshine for their own use. "I... Posted on November 7, 2009 at 08:41 pm by Aaron J. Slavin, Esq.

Rank This Week: 2576

Florida Law Updates

Summaries of Florida criminal law cases. By Roger P. Foley.

http://wedefend.blogspot.com/

Nov 11
Law Updates for November 6, 2009

Santiago, 34 FLW 2206, 4th DCA - Court erred when it failed to permit the def to reopen his case so that false testimony presented by the state to demean the credentials of defense expert could be countered and corrected prior to the jury beginning its deliberations. Brown, 34 FLW 2209, 4th DCA - Trial court used the 1.5 multiplier for presence of child in domestic case even when information failed to set forth the facts or statutory authority for such sentence enhancement. Dunlap, 34 FLW 2215,... Posted on November 11, 2009 at 05:01 am by We Defend
Nov 4
Law Updates for October 30, 2009

Ransone, 34 FLW 2170, 4th DCA, Credit for time served in foreign jail. Def who was arrested in Miami Dade for numerous charges was not entitled to credit for time served in Miami from date of his arrest for an unrelated Broward VCC warrant where sentence received in Broward was consecutive and not concurrent with sentences imposed in Dade. Held on multiple offenses only entitled to credit for time served from the date of arrest in foreign county where concurrent sentences are imposed or foreign... Posted on November 4, 2009 at 03:12 am by We Defend
Oct 30
Law Updates for October 23, 2009

Conner, 34 FLW 2089, 2nd DCA, kidnapping - Def's act of attacking the 13 year old victim, knocking her to the ground, and choking her for a few seconds not kidnapping but false imprisonment. Def's actions had no significance independent of the attempted murder of the victim and amounted to a momentary restraint. Parker, 34 FLW 2108, 3rd DCA, Possession of cocaine - collateral crimes - prior drug transaction. Error to permit state to introduce evidence that C.I. had purchased cocaine and... Posted on October 30, 2009 at 07:13 am by We Defend

Rank This Week: 2581

Florida Criminal Attorney Blog

Covers Florida criminal law and DUI news. By Jason M. Melton.

http://www.floridacriminalattorneyblog.com/

Nov 9
Floral City man accepts 25 year prison term in Hernando County sexual battery

Citrus County Online is reporting that the 20-year-old Floral City man who was set to go to trial next week for sexually battering an eight year old girl accepted a plea deal last week of 25 years in prison and lifetime probation. He was facing life in prison. The man was charged with sexual battery on a child and false imprisonment of a child relating to the February blindfolding, handcuffing, and sexually battering of a 8-year-old Brooksville girl. According to the State Attorney's Office,... Posted on November 9, 2009 at 08:36 pm by Jason M. Melton
Oct 19
Driver faces criminal DUI charges in Weeki Wachee bus crash

TampaBay.com is reporting that last Tuesday's Weeki Wachee crash that involved a head-on collision between a car and a school bus may result in a DUI charge. According to the Florida Highway Patrol, Michelle R. Sutton of Spring Hill was allegedly driving a Toyota coupe at a high rate of speed-- weaving in and out of the westbound lane of County Road 550 --- before ultimately colliding head first into the school bus. The bus was carrying about 30 students from Spring Hill's Westside Elementary... Posted on October 19, 2009 at 12:35 pm by Jason M. Melton
Oct 10
Hernando County, Florida Sex Crimes Defense Attorney Update :: Tampa, FL Firefighter and Spring Hill Resident Arrested for Sexual Offense

A Hernando County Resident and Tampa Firefighter/ Paramedic was recently arrested for two counts of Indecent and/or Vulgar Exposure of Sexual Organs. Indecent Exposure of Sexual Organs is a First Degree Misdemeanor under Florida law and punishable up to one year in the county jail. What made the facts of this arrest so unique was that not only was the defendant a Hillsborough County Paramedic and Firefighter, but also the allegation is that these crimes occurred at nearby public schools. The... Posted on October 10, 2009 at 10:30 am by Jason M. Melton

Rank This Week: 2605

Florida Personal Injury Lawyers...

Florida Personal Injury Lawyers Blog

Covers car accidents and road safety. By Law Offices of Jason M. Melton, P.A.

http://www.floridapersonalinjurylawyersblog.com/

Nov 9
University of Florida grad tragically dies in Gainesville Car Accident

The Gainesville Sun is reporting that a 24 year old woman was tragically hit by a car and killed Monday night on Archer Road in Gainesville. According to police, the accident occurred at 6:45 p.m. while the young woman was walking south in the 2300 block of Archer Road. Apparently, she was not walking in a crosswalk when an eastbound driver moved into the center lane of the three-lane roadway to avoid a group of pedestrians, and hit her. Police spokesman said it appeared the left front bumper... Posted on November 9, 2009 at 08:30 pm by Jason M. Melton
Oct 9
Jury sends message with $330 million verdict in Brooksville DUI case

This Wednesday, a Brooksville jury awarded Angela Stone, a mother who lost her 12-year-old daughter in a DUI crash, $330 million in civil damages for wrongful death. This verdict is believed to be the largest award of its kind in Hernando County history. Tony Marrero from the St. Petersburg Times interviewed the jury foreperson after the verdict was rendered and she said that the award was so large because the jury felt that "Nothing can compensate her [the mother]&#xe2€&#xa6but if the figure that sits... Posted on October 9, 2009 at 10:35 am by Jason M. Melton
Oct 5
Wesley Chapel motorcyclist dies in accident

TBO.com is reporting a sad tragedy from last week. According to Florida Highway Patrol reports, a Wesley Chapel motorcyclist died Sunday night after he lost control of his motorcycle and crashed in the southbound on Interstate 75 at State Road 56. According to reports, the motorcycle crashed into the median and struck a guardrail. The driver, who was wearing a helmet, was ejected from the motorcycle and ended up in the grass median where he died at the scene. Unfortunately, motorcycle accidents... Posted on October 5, 2009 at 07:25 pm by Jason M. Melton

Rank This Week: 2606

Molder Legal Group, P.A.'s Blog

Covers Florida construction, condominium & community association, and IT law.

http://blog.molderlegal.com

Nov 9
Florida Appeals Court Orders Immediate Release of ILSA Refund to Buyers

Florida new construction buyers fighting with their developer over who gets to keep the deposit may get some well-needed relief in Court these days, thanks to a recent decision from the Third District Court of Appeals. On October 21, 2009, the Third DCA (with appellate jurisdiction that includes Miami-Dade County) held in Terra-Adi International Bayshore, LLC. v. Kostandinos Georgarious, et. al. that the purchasers were entitled to the immediate release of the amount deposited over 15% of the... Posted on November 9, 2009 at 03:39 pm by admin
Nov 8
Florida Court holds that condominium association is successor to developer and can recover for construction defects from performance bond surety.

On October 30, 2009, Florida's First District Court of Appeals held, in Marseilles Condominium Owners Association, Inc. v. Travelers Casualty and Surety Company of America, that a condominium association can sue and recover from a performance bond surety for construction defects arising out of construction of the condominium. In that case, the condominium's developer was the named owner/obligee under performance bonds issued by the surety for the project. Ultimately, the contractor failed to... Posted on November 8, 2009 at 05:00 pm by admin
Oct 28
Be careful out there. Walking across the minefield that is social media.

(Originally posted on 10/28/2009; revised on 11/15/2009) In recent years, social media sites, as they are known, have become increasingly popular. Facebook (www.facebook.com) is a prime example of a 'social media' site. Others are Twitter (www.twitter.com), LinkedIn (www.linkedin.com), and MySpace (www.myspace.com). The concept of most of these sites is rather simple: a user registers for a profile on the site, and inputs certain information about themselves. Sites like LinkedIn are geared more... Posted on October 28, 2009 at 02:39 pm by admin

Rank This Week: 2609

Arnstein & Lehr LLP Legal News...

Arnstein & Lehr LLP Legal News

Features news, publications, events and cases.

http://legalnews.arnstein.com/newsroom/

Nov 9
Allan Goldberg moderates program at University of Chicago on condominium projects in crisis

Chicago Partner Allan Goldberg moderated an IICLE all day program titled Condominium Projects in Crisis, "Where To Go From Here." The program was held Wednesday, November 4, at the Gleacher Center, University of Chicago. The timely and provocative sessions centered around busted condominium projects from the perspectives of the developer, the lender, the condominium association, and Posted on November 9, 2009 at 01:53 pm by JJS
Nov 9
Bankruptcy attorneys interviewed for article on Mint.com

Miami Partner Phillip Hudson, III and Chicago Partner James Chatz were interviewed for an article that examines options for upper-class Americans who have over-extended their credit and discusses how easy it can be to get into debt in a down economy. The article appeared in the November 2 MintLife blog on the financial planning Web Posted on November 9, 2009 at 01:19 pm by JJS
Nov 9
Justin Weisberg appointed to ABA committee

Chicago Partner Justin Weisberg was recently appointed as co-chair of the Additional Insureds Subcommittee of the Insurance Coverage Litigation Committee of the Litigation Section for the American Bar Association. His term as co-chair will run for two years. Posted on November 9, 2009 at 01:05 pm by JJS

Rank This Week: 2612

Florida IP

Covers intellectual property developments. By Woodrow Pollack.

http://floridaip.blogspot.com/

Nov 8
An update on Glenn Beck's domain name proceeding

Glenn Beck sought to terminate the domain name registration for glennbeckrapedandmurderedayounggirlin1990.com. Read about this dispute here. Domain name disputes pursuant to the Uniform Domain Name Dispute Resolution policy can (and regularly do) incorporate international legal principles. After the initial complaint and response, the domain name owner's attorney sent a letter to Glenn Beck's attorney, asking him to stipulate that the principles of the American First Amendment will govern this... Posted on November 8, 2009 at 11:52 pm by Woodrow Pollack
Oct 7
Happy birthday, Barcode!

On October 20, 1949, Norman Woodland and Bernard Silver filed a patent application titled "Classifying Apparatus and Method." 3 years later, on October 7, 1952, U.S. Patent 2,612,994 issued. The '994 Patent protected an apparatus for classifying articles having concentric circular light-reflective outer classification lines, and inner auxiliary lines: The inventors sought to solve a local food chain's need to design a system for reading product data automatically. It's fair to say they... Posted on October 7, 2009 at 02:29 am by Woodrow Pollack
Oct 6
Pro se plaintiff's attempt to get $1 billion from Nokia didn't work out so well

Tony Colida owns a number of design patents for ornamental designs relating to cellular phones. Unlike utility patents, design patents cover only the ornamental features of the protected invention, and not the functional features. Colida's 4 designs are depicted below: Colida is no stranger to patent infringement litigation. In fact, he has unsuccessfully appealed judgments of noninfringement against him at least nine times. In this case, he sued Nokia for its Model No. 6061 phone, depicted... Posted on October 6, 2009 at 07:48 am by Woodrow Pollack

Rank This Week: 2635

Florida Injury Lawyers Blog

Cover maritime injuries, nursing home abuse and boating accidents. By Troy & Schwartz, L.L.C.

http://www.floridainjurylawyersblog.com/

Nov 8
The Reasonableness Standard for Triggering the Statute of Limitations for Medical Malpractice Suits in the State of Florida

At first blush, Florida's statute of limitations for bringing a medical malpractice suit appears to be quite straight forward. The Florida Statute which governs medical malpractice claims states the following: "An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence." Section 95.11(4)(b), Florida... Posted on November 8, 2009 at 01:07 pm by Troy & Schwartz
Oct 13
Florida’s Loosy Goosy Employment Standards for Nursing Home Caregivers

The Sun Sentinel recently provided an outstanding public service to the citizens of Florida by exposing serious loopholes in Florida law which have allowed individuals of questionable background to obtain employment in day-care-centers, assisted-living facilities (ALFs), and nursing homes, sometimes even before the results of their criminal background check were obtained. Even if the background checks raised red flags, many felons were able to continue working as caregivers with children or the... Posted on October 13, 2009 at 03:28 pm by Troy & Schwartz
Oct 11
Negligence or Not? Florida’s “Remote Condition Standard for Establishing Proximate Cause in Motor Vehicle Accidents.”

In the recent case of Probkevitz v. Velda Farms, LLC. and Joseph Anthony Dixon, Florida's Third District Court of Appeal (Third DCA) reversed the trial court's denial of the plaintiff's motion for a new trial because the trial court had "impermissibly allowed introduction of evidence of negligence [on the part of the minor decedent's mother] and allowed the jury to consider such evidence." No. 3D07-1052, Opinion filed September 9, 2009. The Third DCA further held that the trial court had: 1)... Posted on October 11, 2009 at 12:54 pm by Troy & Schwartz

Rank This Week: 2639

Legal News You Can Use

Covers auto accidents, drug safety, and dog bites. By Michael E. Seelie, PA.

http://seelielaw.com/blog

Nov 8
Driver Fatigue Causes Truck Accidents

A whopping 8.15% of all truck crashes were due to driver fatigue according to data gathered by the Fatality Analysis Reporting System (FARS) and the General Estimates System (GES), which is maintained, by the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA). The National Transportation Safety Board recommendation that the Federal Motor Carrier Safety Administration create a plan to set up devices in commercial trucks that will... Posted on November 8, 2009 at 12:50 pm by admin
Nov 2
Osteonecrosis of the Jaw- A Jury Finds For Plaintiff

A case against Novartis Pharmaceuticals Corp., which has been closely monitored by product liability lawyers throughout the United States has resulted in a $3.2 million verdict to a woman who suffered debilitating jaw necrosis from Zometa, a bone strengthening drug prescribed to many cancer patients. The Montana lawsuit was the first of about 550 cases to go to trial against Novartis Pharmaceuticals Corp. All of the claims involve similar allegations that the drug maker failed to adequately... Posted on November 2, 2009 at 04:08 pm by admin
Oct 31
“Legal Reform Summit” Oh Really?

Today, the U.S. Chamber hosted their annual "Legal Reform Summit" - a day they dedicate to undermining the civil justice system and maligning trial attorneys. In response, AAJ released a new report, entitled "They Knew and Failed To," highlighting various instances of corporations engaging in negligent conduct, knowing about it, and failing to tell the public in order to increase profits. This compelling report focuses on multiple industries - medical devices, pharmaceuticals, consumer... Posted on October 31, 2009 at 09:01 am by admin

Rank This Week: 2641

Tampa Injury Law Blog

Focuses on personal injury, arbitration, and auto accidents. By the Distasio Law Firm.

http://www.TampaInjuryLawBlog.com/

Nov 7
FDA to Address Medication Error Problem

The Institute of Medicine estimates that as many as 1.5 million preventable medication errors occur each year. As a medication error lawyer, I have seen first hand how these mistakes cause injury. Apparently, the new FDA Commissioner, Margaret Hamburg M.D. has decided to try and do something about. On November 4, 2009, she announced the "FDA's Safe Use Initiative" to reduce preventable harm from medications. Details of the initiative are outlined in a special FDA report. Highlights of the... Posted on November 7, 2009 at 10:49 am by Scott Distasio
Oct 25
How Some Florida Nursing Homes Escape Responsibility for Wrongdoing

The overwhelming majority of personal injury plaintiff's could not possibly afford to pay their attorneys if they had to pay up front, win or lose. The contingency fee contract illuminates much of the financial risk to the client by shifting the risk of loss to the lawyer. As a result, clients are much more willing to prosecute wrongs done to them. On the other hand, shifting the risk of loss to the attorney makes the lawyer much more selective about which cases to prosecute because losing... Posted on October 25, 2009 at 06:34 pm by Scott Distasio
Oct 21
Some Florida Nursing Homes Escape Responsibility for Negligent Care

Florida has become a haven for corrupt nursing home operators that use the corporate form to hide their assets from Florida nursing home abuse lawyers attempting to hold them accountable for injury, neglect, abuse and death that occurs in their nursing home facilities. Charles Elmore, a writer for the Palm Beach Post has done an excellent job at exposing one form of the corporate shell game that goes on involving nonprofit corporations. In his article entitled "Post investigation: Nursing home... Posted on October 21, 2009 at 06:15 am by Scott Distasio

Rank This Week: 2648

Florida Probate Litigation Lawyer...

Florida Probate Litigation Lawyer Blog

Cover Florida probate litigation. By Koch & Trushin, P.A.

http://www.floridaprobatelitigationlawyer.com/

Nov 6
TIME PERIOD FOR FILING AN OBJECTION TO A WILL

Do you know of a will in South Florida that is being administered and want to object to the validity of that will, someone's appointment as personal representative or the jurisdiction of the probate court? If so, then you must move quickly to object on these issues. The Florida Statutes state that once you are served with a notice of administration, you have only 3 months to file any objection on such issues. Therefore, it is critical that you file your objection with the court prior to the... Posted on November 6, 2009 at 02:04 pm by Bradley H. Trushin
Sep 10
Is a no-contest clause in a will enforceable in Florida?

A "no-contest" clause in a will is a provision typically used to scare off potential legal challenges by potential beneficiaries who feel they have not received their proper share of an estate. The provision often contains langauge similar to "anyone who challenges this will, shall forfeit any inheritance they may have under this will". The reason for such clauses is that the testator wants his heirs to avoid any legal proceedings after his death and for his estate to be administered without... Posted on September 10, 2009 at 07:07 am by Douglas Schapiro
Aug 27
Methods to Attack a Will

Have you been wrongfully denied your share in a will? If so, you may want to contest the validity of that will so that you may obtain your perceived share of the decedent's estate. A will can be challenged in a Florida probate proceeding on a number of grounds. Fraud - A person was fraudulently induced into signing their will through lies, trickery or deceptive acts. For example, decedent's son places a document in front of his dad stating it is a form that needs to be signed for the mortgage... Posted on August 27, 2009 at 08:02 am by Bradley H. Trushin

Rank This Week: 2661

Florida Family Lawyer Blog

Covers Florida child custody, child support and divorce. By Koch & Trushin.

http://www.floridafamilylawyerblog.com/

Nov 6
Relocating your Child Outside of Florida

On October 1, 2009, the Florida legislature enacted Florida Statute 61.13001, which outlines the steps parents must take before they relocate their child or to prevent their child's relocation. If you are a parent in Fort Lauderdale, Miami or Palm Beach and you are planning to move more than 50 miles from your current home, you must obtain either: (1) written permission from the other parent or (2) a court order permitting the relocation. Likewise, if you want to prevent your child's other... Posted on November 6, 2009 at 01:44 pm by Bradley H. Trushin
Sep 16
Are Pension Funds and Retirement Accounts Marital Property under Florida Law?

Many of the clients of our Fort Lauderdale and Miami divorce attorneys are shocked to learn that their soon to be ex-spouse may be entitled to a portion of their retirement or pension fund. In Florida, pension and retirement funds that accrue during the marriage must be treated as marital property and are generally shared equally. However, there are exceptions and modifications to this rule that may help you protect all or part of your retirement savings. Florida law holds that all vested and... Posted on September 16, 2009 at 06:42 am by Daniel Louis Koch
Aug 17
How can a mother obtain child support when the parents are not married?

Many children in the Miami, Fort Lauderdale and Palm Beach areas are raised by single mothers and many of these children's parents were never married. Florida law requires both parents to financially support their children, and unmarried mothers and fathers who are custodial parents are entitled to financial support from the other parent. If you are an unmarried custodial parent in South Florida, you can obtain child support through a Judicial Court Order or an Administrative Order. These... Posted on August 17, 2009 at 06:10 am by Koch & Trushin

Rank This Week: 2663

Florida Mortgage Modification...

Florida Mortgage Modification Lawyer Blog

Covers news and updates in Florida Mortgage Law, Florida Mortgages, Housing Assistance Bill, Mortgage Modifications in Bankruptcy. Published by The Dellutri Law Group, P.A.

http://www.floridamortgagemodificationlawyer.com/

Nov 6
Foreclosures Still On The Rise In Florida

Government officials are telling us that the recession is over, but the foreclosure crisis is still increasing in Florida and nationwide. Realty Trac released its US Foreclosure Market Report for the third quarter of 2009, which shows that foreclosure filings [including auction sales, default notices and bank repossessions] were reported on 937,840 properties in the third quarter - a 5% increase from from the second quarter of 2009. Significantly, this is almost 23% higher than last year at... Posted on November 6, 2009 at 07:57 am by Shannon Houk
Oct 15
Does My Lender Have To Modify My Loan If They Took Money From The Government?

If you are wondering if your lender has to modify your loan if they took government funds, the long and short answer is NO. At our offices in Ft. Myers, Naples, and Sarasota, Florida, this is one of the questions we get asked most. Unfortunately, there is no legislation today or government guideline which requires any servicer or lender to modify your loan or reduce principal. CNN recently did a story onEmbedded video from CNN Video"> this issue. What the servicers are called to do is a Net... Posted on October 15, 2009 at 06:04 am by Shannon Houk
Sep 29
New Fair Credit Reporting Act Blog By Dellutri Law Group

The Dellutri Law Group is in the process of starting another Consumer Law Blog focusing on the Federal Fair Credit Reporting Act. Our Fair Credit Reporting Act Blog can be found at: www.faircreditreportingactblog.com When you have a chance, please check it out and provide us with your feedback? It should be active in 7 to 10 days. The Fair Credit Reporting Act Blog will focus on all aspects of Credit Reporting. Please send any and all comments to eetnoyer@dellutrilawgroup.com Thank you for your... Posted on September 29, 2009 at 05:39 am by Carmen Dellutri

Rank This Week: 2669

Florida Injury Lawyers Blawg

Covers personal injury and products liability news. By Brod, Goldfarb & Associates.

http://www.floridainjurylawyersblawg.com/

Nov 4
Collections, Whistleblower, Issues Before Supreme Court

The U.S. Supreme Court began their latest term with the recently appointed Justice Sonia Sotomayor. Many await to see her impact on the upcoming cases regarding restrictions imposed by the Fair Debt Collections Act regarding proper notices of foreclosures, whether a whistleblower in Federal Court can base his/her knowledge on State and local reports, whether the Federal Arbitration Act permits class action arbitration when the arbitration clauses are silent on that issue, whether a Court can... Posted on November 4, 2009 at 01:33 pm by Brod, Goldfarb & Associates
Oct 22
Vioxx Payouts

Individuals in the Vioxx multidistrict litigation have begun to receive their payments in the $4.85 billion dollar settlement with Merck. The plaintiff steering committee devised a point system base upon the type of injury sustained, the extent of usage of the product, and the individual's health history to allocate the $4.85 billion. While many questioned whether the settlement would adequately compensate the victims of the pain reliever, almost all those involved in the litigation ultimately... Posted on October 22, 2009 at 07:48 am by Brod, Goldfarb & Associates
Sep 14
Smokers Winning Tobacco Cases

Recent results from tobacco cases are showing the tide continues to turn in favor of smokers. The Miami Daily Review reported a jury decision in favor of a widower of a smoker for $1.93 million against Phillip Morris.This trial is one of the first to go following the 2006 Florida Supreme Court decision which essentially established that negligence was the cause of the smoker's injury. This case contained claims of false advertising and deceptive marketing by Phillip Norris. Posted on September 14, 2009 at 08:10 am by Brod, Goldfarb & Associates

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Shelton & Power, LLC

Covers franchise law.

http://sheltonpower.blog.com

Nov 4
Can your business become a franchise - Shelton & Power’s top 10 checklist part 1 of 2

We are constantly asked whether we think a system can become a brand. Whether a business is franchisable depends on many issues. Below is our Top 10 checklist to determine whether your business could become a franchise system: 1. Financial Security. Franchising is a low cost expansion method compared to other methods; however the cost is still there. Franchisors need to ensure that they have the capital needed to roll out and maintain a franchise program. During the roll out, there will be... Posted on November 4, 2009 at 06:31 am by lynne
Oct 27
Why franchises should read the FTC’s new rule on endorsements and testimonials

Recently the Federal Trade Commission published its "Guide Concerning the Use of Endorsements and Testimonials in Advertising." The guide gives an overview of the new FTC rule which imposes requirements on companies that use endorsements and testimonials in their advertising. We are providing here and short description of the new guidelines for your review. The new FTC guideline, which can be found at [bit.ly], states that when a company is using an endorsement or testimonial in advertising,... Posted on October 27, 2009 at 11:48 am by jason
Oct 22
Franchise Economic Growth Concerns for 2009

We have received many concerns from clients regarding the financial outlook for franchises and whether the current market is supportive of franchises. We have done the research for them and have compiled our research into this article for those franchisors that believe today's market hinders franchise success. When we talk with business owners, they usually want to know what the annual economic outlook is for franchises. Well, even though the United States economy is reported to be "in the... Posted on October 22, 2009 at 06:23 am by jason

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