Author: Elf
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Senate Bill 4-D and the Champlain Towers South Disaster: A Problem in Response to a Problem
A building in Surfside collapsed, killing 98 people. A task force of experts looked into the cause and recommended changes to the law. Lawmakers introduced new bills, but none passed until a special session, where a new bill was passed quickly. This new law requires regular inspections and studies for condo buildings. People are worried…
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Transferring Real Property into Limited Liability Companies in Florida: Benefits and Considerations
Transferring real property into an LLC in Florida can protect your personal assets if there’s a problem with the property. This means that only the assets owned by the LLC, and not your personal assets, are at risk. However, there are some things you need to consider before making this transfer. If an LLC has…
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Florida Irrevocable Grantor Homestead Trust: Having Your Cake and Eating It Too â First Course
The saying “you can’t have your cake and eat it too” means you can’t have two good things at once. But in Florida, using a special trust called a Florida Irrevocable Grantor Homestead Trust (FIGHT), you might be able to keep the benefits of homestead protection without some of the drawbacks. The FIGHT is a…
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Florida Irrevocable Grantor Homestead Trust: Having Your Cake and Eating it Too Second Course
The FIGHT is a way for people in Florida to pass on their homes to their family without having to worry about certain restrictions. But it’s important to understand the tax implications of using a FIGHT, because it could affect estate, gift, and income taxes. Basically, using a FIGHT means that the home will still…
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Mental Illness and the Right to Contract
The Florida Supreme Court has set standards for determining mental incompetence in contract matters. They must determine if the person understood the nature and effect of the transaction when they signed the contract. This means that if someone is mentally incompetent at the time they signed a contract, they may be able to cancel the…
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How Free Is the Speech of Public School Students?
In some cases, students have sued their school boards for taking down their projects or art that they felt was being censored. Some students won their cases, while others lost. The reason for this is that different courts have different ways of looking at these kinds of disputes. There isn’t a clear answer to whether…
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The Origination and Early Development of Free Speech in the United States: A Brief Overview
The First Amendment protects freedom of speech in the United States. It means that the government can’t make laws that stop people from saying what they want. This idea started with the early settlers and has grown to include freedom of the press and the right to peacefully protest. The concept of free speech in…
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The Value of High Quality, Comprehensive Information to Decisionmakers in Juvenile Cases
Casey is a 16-year-old who has been through a lot. He has no family and has lived in many different places. He has been diagnosed with several emotional and behavioral disorders. He has been in trouble with the law for things like theft and resisting arrest. People who work with him are frustrated because they…
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The Demise of the Death Penalty for the Mentally Retarded
The U.S. Supreme Court ruled in Atkins v. Virginia that mentally retarded people cannot be given the death penalty because they don’t have the same level of moral responsibility as other criminals. The case involved Daryl Renard Atkins, who was involved in a robbery and murder. His accomplice, William Jones, received a lesser sentence in…
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Mediation Myths and Urban Legends
Mediation is a big part of Florida’s court system and has been around for a long time. There are a lot of rules and laws about how mediation works, and lawyers need to understand them to help their clients in mediation. This article will talk about the top 10 myths and misunderstandings about mediation to…
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The Use of Next Friends to Seek Appointment of Counsel for Dependent Children Who Are Incapable or Unable to Request Appointment of Counsel
Matthew is a young boy who has been in and out of foster care because his mom has struggled with drug problems. He was living with his cousin, Brad, who was like a dad to him. But then, the court removed Matthew from Brad’s care without giving him a chance to say goodbye. Now, Matthew…
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As the Twig Is Bent: Law Student Insights Regarding Pro Bono and Public Interest Law
We talked to law students about how to get more people interested in public interest legal jobs and doing pro bono work. We were surprised that even the students who want to make a lot of money as lawyers had good ideas. We will share their suggestions and figure out who in the legal profession…
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Can Technology Bridge the Justice Gap?
In short, the legal firm is representing a client in a lawsuit against a big company for toxic waste pollution. The company is accused of not properly cleaning up the pollution and harming the environment. The legal firm is arguing that the company should be held accountable and pay for the damage they caused. The…
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The Disproportionate Impact of Heirs Property in Florida’s Low-Income Communities of Color
Heirs’ property is when multiple people own a piece of land together, often because a family member died without a will. This can make it hard for people to sell or take care of the property. It affects African-American families more, especially in the southeastern United States. In Florida, when someone dies without a will,…
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Modern Complexity Demands New Ways of Working: The Future of the Lawyer-Nonlawyer Partnership
In February 2020, the Pennsylvania Law School held a conference about the future of the legal profession. Keynote speaker Vijay Govindarajan, a professor at Dartmouth College, talked about how successful organizations focus on managing the present, forgetting the past when necessary, and creating the future. This applies to the legal profession, too. The Florida Bar…
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What We Got Here Is Failure to Communicate: The Legal, Ethical, and Monetary Considerations of Effective Communication
The American Bar Association says that lawyers must provide interpreters or translators for clients who have trouble speaking English or who are Deaf. Lawyers also have to make sure they understand their clients and that their clients understand them, even if there are cultural differences. If a lawyer doesn’t do this, it’s considered discrimination and…
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Chapter 9 Legal Services Plans: An Opportunity for Florida Attorneys to Deliver Legal Services to Floridians in the Post-COVID-19 World
In Florida, there is a rule that allows legal services plans to operate, which can benefit both clients and attorneys. Creating a Chapter 9 plan can help Floridians access legal services. The Chapter 9 plan is governed by specific rules and regulations. The Florida Bar supports the idea of legal services plans to increase people’s…
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Primer for Trademark and Copyright Protection Through the Office of Customs and Border Protection
Trademarks and copyrights are important property rights for businesses, artists, and authors. U.S. Customs and Border Protection can help protect these rights by seizing imported goods that violate trademarks or copyrights. There are criminal penalties for trafficking in counterfeit goods. Companies and individuals can file their trademarks and copyrights with CBP for quicker and more…
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Import Patent Infringement: The Section 337 Investigation
If someone imports something that violates a U.S. patent, copyright, or trademark, the International Trade Commission investigates. If they find infringement, they can stop the products from being imported. You don’t need to prove that the infringement caused harm. The process involves filing a complaint, an investigation, and a decision by a judge. The commission…
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Worker Classification of Health Care Professionals
The IRS has been auditing healthcare companies to make sure they are properly classifying their workers as either independent contractors or employees. If workers are classified as employees, the company has to withhold taxes from their pay and pay additional taxes. Misclassifying workers can result in big financial consequences and the company may also have…
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Another Look at the Notice Requirement of the Florida Private Sector Whistleblower’s Act
The Florida Whistleblower’s Act protects employees from being punished by their employer for reporting illegal activity. There is a question about whether employees have to tell their employer about the illegal activity and give them a chance to fix it before they can sue. The law says that employees with 10 or more co-workers can’t…
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The Perils of (Reporting and) Not Reporting Sexual Harassment
Summary: A man was injured at work and hired a lawyer from a big law firm to help him get compensation. The lawyer didn’t do a good job and the man lost a lot of money. He sued the lawyer and won the case. Three years ago, an article was published in The Florida Bar…
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The 11th Circuit Puts a Major New Dent in the ARmor Surrounding Arbitration Awards
Delfina Montes worked for Shearson, Lehman Brothers, Inc. and was terminated. She believed she deserved overtime pay and filed a lawsuit. Shearson wanted the case to go to arbitration instead. This decision reestablished the rule of law in arbitration and helps both employers and employees. During the arbitration, Montes showed evidence that she was made…
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The World of Retaliation After Robinson v. Shell Oil
In the world of lawsuits between employers and employees, there is a big protected group of people who can’t be punished for speaking up about civil rights or illegal activity at work. It’s not always clear what counts as retaliation or who is covered. Recent legal decisions even protect people who don’t work for the…