Author: Elf
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The Shield and the Sword: Regarding Disclosure of Private Psychiatric Records as a Routine Element of Discovery in Florida Auto Accident Litigation
If someone is suing for emotional suffering, their mental health records might have to be shown to the other side. In Florida, the law says that if a person claims mental anguish, they have to share their therapy records. But some courts are starting to question this rule. In other states and federal courts, it’s…
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10 Tips Leading to Efficient and Effective E-discovery for the Small Law Firm
The new rules allow for the discovery of electronic information in legal cases. If a defendant says that the information is too hard to find or would cost too much to produce, they can ask the court to decide if they have to provide it. The court will look at the facts and decide if…
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Invoking the Rule During Depositions? Absolutely Maybe
When someone invokes the rule during a trial or deposition, they are asking for the rule of sequestration to be implemented. This means that certain witnesses must stay outside of the room while others are testifying, so that their testimony isn’t influenced by what they hear. However, the rule doesn’t apply to parties involved in…
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Legal, Practical, and Ethical Considerations of Medical Malpractice Settlements
A doctor who is being sued for medical malpractice has to decide whether to settle the case or go to trial. This decision has legal, practical, and ethical implications. The defense team, which includes the doctor, the lawyer assigned by the insurance company, and the adjuster, must weigh the risks and benefits of settling the…
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Restrictions on Lawyers Communicating with Witnesses During Testimony: Law, Lore, Opinions, and the Rule
When a witness is testifying in court and talks to the lawyer who called them to the stand before the cross examination is finished, it can cause problems. This can happen during breaks in the trial. The lawyer questioning the witness may get upset and claim something wrong has happened. There are not many clear…
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The Parental Immunity Doctrine: Is Insurer Bad Faith an Exception or Should the Doctrine Be Abolished?
A boy and his dad got hurt in a car crash in Florida. The dad’s wife’s car was involved, and the boy’s mom tried to get money from their insurance. The insurance company wouldn’t pay even though the crash was partly the dad’s fault. After a long court case, the insurance company was found to…
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Impeachment of a Civil Litigant with Criminal Convictions
About 1 in 10 adult men in Florida have a criminal record. Most lawyers don’t check if people involved in a lawsuit have a criminal past, even though it could affect their credibility in court. Knowing about someone’s criminal history can be useful in both personal injury and business cases. You can use the internet…
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Basic Steps for Good Peer Review
The Florida Bar has a certification program for lawyers that’s been around for over 25 years. There are 24 areas of law in which lawyers can get certified, and there are currently over 4,000 certified lawyers. To become certified, lawyers need to have at least 5 years of legal experience, pass an exam, and get…
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Setting a Case for Trial: Rule 1.440 Means What It Says
The rule says that a case can go to trial when both sides have finished exchanging their legal papers. Once that happens, either side can ask for a trial to be scheduled. It’s a simple process with no extra steps. If the plaintiff doesn’t want to file any more papers, they can ask for a…
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Allow Instant Replay in Jury Trial?
Florida law allows for the read back of testimony in both criminal and civil cases, but the jury is not informed of this right or how to request it. There is a proposal to play the prior testimony through the court’s recording system and to give the jury an instruction about their right to request…
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Punitive Damages Against Fiduciaries: Leaving Hoppe Behind and Allowing Punitive Damages Where Equitable Relief Is Sought, Part I
Florida courts have a rule that says you can’t get punitive damages if you’re seeking fair treatment (equitable relief) in court. Some courts think this rule is outdated and believe that you should be able to get punitive damages even if you’re seeking fair treatment. This has caused a divide in the courts. This article…
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Punitive Damages Against Fiduciaries: Leaving Hoppe Behind and Allowing Punitive Damages Where Equitable Relief Is Sought, Part II
In the last issue, we talked about whether punitive damages can be awarded in certain cases in Florida. This time, we’ll explain why those damages are available and clear up the old idea that they’re not allowed in these types of cases. In Florida, there’s a debate about whether juries should decide on punitive damages…
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A Sea of Confusion: Expert Legal Testimony Adrift in Florida
When it comes to legal matters, experts usually can’t give their opinions in court because that’s the job of the judge and jury. But there are some exceptions to this rule. Florida has certain rules about when expert opinions can be allowed, but they’re not always clear. Different court decisions give different guidance, so it…
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What Type of Police Officer Testimony Regarding the Common Practices of Drug Dealers Is Admissible in the Courtroom?
Mr. Smith was caught selling drugs and at trial, a detective testified about the common practices of drug dealers. Mr. Smith appealed, claiming the testimony shouldn’t have been allowed. The article explores whether this type of testimony is admissible and if it always leads to a reversal of the verdict. It also looks at who…
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Video Surveillance in Personal Injury Cases
The defense in personal injury cases often uses hidden cameras to record the plaintiff and try to prove that they’re not as injured as they claim. The technology for this has gotten better, making it easier to use in court. There are legal issues around using this kind of surveillance, like how it’s discovered and…
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Revisiting the Standard Attorneys’ Fee and Cost Provision
In Florida, when parties have a contract dispute, they can include a clause that says the winning party can get their attorney’s fees and costs paid by the losing party. However, the way this clause is usually written in contracts can make it hard for the winning party to get all their fees and costs…
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Tracking Down Anonymous Internet Abusers: Who Is John Doe?
“Over the past 10 years, more people in the US are using the internet, which has led to more legal issues like identity theft and copyright violations. Anonymous bloggers, like ‘John Doe’, can be difficult to track down because they can hide their identity using technology like proxy servers. This article will talk about the…
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Twelve Ways to Avoid a Determination of NICA Compensability in a Medical Malpractice Case
A medical malpractice claim can be very complicated, especially when it involves a baby’s brain injury. It can take a long time to resolve and costs a lot of money. The baby’s family will also suffer emotionally and financially. The damages in these cases are usually very high because the baby may need a lot…
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It Ain’t Over Til It’s Over: The Common Law Exception to the Right of Voluntary Dismissal of Civil Actions
Florida Rule of Civil Procedure 1.420(a)(1) allows a plaintiff to dismiss a case before trial without needing permission from the court. However, some courts have made an exception to this rule based on old cases. This exception causes unnecessary confusion and should be reconsidered by Florida courts. In the Service Experts case, the plaintiff wanted…
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Nature of the Beast: Recurrent Ethical Issues Confronting Attorneys Attempting to Settle Florida Class Actions
Florida’s class action rule allows a named plaintiff to sue on behalf of a group of people with similar claims. This is important because individual lawsuits for small amounts of money are not worth it. When a lawsuit is brought as a class action, it involves more work and ethical issues for all parties. Some…
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Are Consequential Damages Recoverable Under a Title Insurance Policy for the Time It Takes to Attempt to Cure a Title Defect?
Time is very important in real estate, especially when property values are going down. If there’s a problem with the title of a property, the seller might ask their title insurance company to fix it quickly so they don’t lose the sale or the value of the property. But even if the title insurance company…
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Computers Laying Down the Law: Will Judges Become Obsolete?
In the last 50 years, technology has drastically changed the way lawyers work. Computers replaced typewriters, and voice dictation and e-filing replaced shorthand and courier services. In the future, self-driving cars may reduce car accident cases, and electronic financial transactions may make some laws outdated. It’s possible that computers could eventually replace human judges, thanks…
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Bank Customers Beware: Recovery of Unauthorized Electronic Funds Transfers Isn’t So Easy
So, your friend’s bank account was hacked and all her money was taken. If she asks for your help to get her money back, there might be a way to help, but it’s not guaranteed. You would need to look at the laws that regulate electronic money transfers to see if there’s a way to…
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Be Alert for Financial Exploitation of the Elderly
After World War II, the U.S. has seen a huge amount of money accumulated. Now, a lot of that money is being passed down to the next generation, with estimates predicting over $60 trillion transferred in the next few decades. This isn’t just about the super rich; there are millions of millionaires in the U.S.…