Category: Florida BAR article
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Winning Strategies: The Four Ps of Expert Witness Selection
When new lawyers graduate from law school, they often don’t know much about how important it is to pick the right expert witness for their cases. They usually have to learn how to find and hire expert witnesses from more experienced lawyers. But it’s really important to choose the best expert witness, because they can…
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Confronting Experts Whose Opinions Are Neither Supported nor Directly Contradicted by Scientific Literature
In Florida courtrooms, experts can give their opinions without having to back them up with scientific studies. This means that an expert can claim something like a certain chemical causes cancer, even without any evidence to prove it. This can make it difficult for juries to decide what to believe. For example, if a famous…
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Can Two Wrongs Make a Right to Seek Indemnification of Punitive Damages From a Liability Insurance Carrier?
In some situations, an insured person may act in a really reckless or careless way, like driving drunk and causing a car accident. When this happens, their insurance company might not have to pay for any extra punishment costs, because they think it’s not fair for insurance to cover for that. However, if the insurance…
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Dueling Doctors: An Argument for Specialized Medical Testimony
In Florida, the rules for allowing medical experts to testify in court can vary a lot depending on the type of case. Recently, there have been some changes that make it harder for certain types of doctors to testify. But overall, the rules are still pretty flexible and depend a lot on the judge’s decision.…
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Florida’s New Good Faith Duty on an Insurer Not to Settle
A liability insurance company must carefully handle multiple claims that could exhaust its insuredâs policy limits. It can’t settle too quickly, leaving other legitimate claims with no coverage. In the Farinas case, the insurer settled with some claimants quickly, leaving insufficient coverage for others. The court ruled that the insurer could be liable for settling…
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More Than You Wanted to Know about the Doctrine of Reformation
Reformation is a legal doctrine that allows a court to fix mistakes in written contracts or agreements if they don’t accurately reflect what the parties intended. It’s a way to make sure everyone is on the same page and that the written document matches what was actually agreed upon. It’s like a safety net for…
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The Complaint for a Pure Bill of Discovery: A Living, Breathing, Modern Day Dinosaur?
A pure bill of discovery is an old legal remedy that asks the court to make the other party share information or documents. It’s not used much anymore because modern rules of procedure cover most types of discovery. But sometimes it’s still necessary to use a pure bill of discovery to get the information needed…
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Avoiding Pitfalls in Closing Arguments
The closing argument is really important in a trial because it’s the lawyer’s last chance to convince the jury to see things their way. They can summarize the evidence, tie together key themes, and persuade the jury why their side should win. The lawyer can’t say anything that goes against the rules, but they do…
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Motions to Strike Sham Pleadings and Summary Judgment Motions: Is There a Difference?
If a lawyer from another state calls you because their client is being sued in Florida, and they want your help to respond to the lawsuit, they might ask you about Floridaâs “sham pleadings” rule. This rule allows you to challenge the factual support of the other sideâs case by filing a motion to strike…
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Pension Simplification: The Ultimate Oxymoron?
The Tax Reform Act of 1986 made big changes to retirement plans, making things more complicated and expensive for employers. But in 1996, the Small Business Job Protection Act was signed into law, addressing concerns and making changes to simplify 401(k) plans. One change was using data from the previous year for testing, instead of…
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Aggressive Planning for Florida’s Annual Intangible Tax
The State of Florida charges a small tax on certain kinds of property. Most people pay it every year, but some rich people can avoid it by using special trusts or partnerships. These methods require some careful planning and follow specific rules. The annual intangible tax in Florida is a tax on certain types of…
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Tax Consequences of a Power to Terminate a Nonmarital Trust
Trust documents often include a provision to end the trust if it becomes too small to manage or if its purpose is achieved before the stated end date. This power can have tax consequences, so it’s important to consider before including it in a trust document. There are two types of powers to terminate a…
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The Basics of Forming Florida Nonprofit Organizations
Most nonprofits in Florida are formed under the Florida Not For Profit Corporation Act. This act governs how the nonprofit is organized and operated. Nonprofits can have members with voting rights or no members at all. If the nonprofit decides to have members, the articles and bylaws must specify their voting rights for important decisions.…
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International E-Discovery: How The 11th Circuitâs Interpretation of Possession, Custody, or Control May Impact Multinational Corporations
Courts have different ways of deciding who has to hand over electronic information in a legal case. In some places, the rule is based on who legally owns the information, while in others it’s based on who can actually get it. This can be a big issue, especially in places like South Florida, where a…
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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.…
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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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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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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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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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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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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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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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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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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…