Law

On Appeal

U.S. Court of Appeals for the Eleventh Circuit

11th Circuit Sends Back Case On Autodialed Calls

By Noreen Marcus |

Giving a pro-plaintiff tilt to a crucial part of the U.S. Telephone Consumer Protection Act, the federal appellate court for Florida, Georgia and Alabama revived a case that resounds with hundreds of autodialed calls.

Practice Areas: Consumer Protection , Appellate Law - Civil

Florida Supreme Court

Florida Supreme Court Reinstates $1.57 Million For Man Hit With Tomahawk

By Noreen Marcus |

The team of Stewart Williams, Phillip Hubbart, Lauri Waldman Ross and Theresa L. Girten persuaded the Florida Supreme Court to overturn the Third District Court of Appeal in a case stemming from a Pinecrest bar fight.

Practice Areas: Torts , Personal Injury , Appellate Law - Criminal

Fourth District Court of Appeal

Wrong Name Doesn't Help Kubicki In Malpractice Case

By Noreen Marcus |

The Fourth District Court of Appeal revived a legal malpractice case against Kubicki Draper rather than letting it die over an incorrect name.

Third District Court of Appeal

Law Firm Finally To Be Paid Some 15 Years After Ford Explorer Case

A Coral Gables attorney and his firm will finally be paid $114,250 for their labors in the late 1990s that helped bring about a $19 million settlement for the family of a teenager killed in a Ford Explorer rollover.

Fourth District Court of Appeal

4th DCA Remands Case So Court Can Interview Fibbing Jurors

By Noreen Marcus |

Court records suggest three of the six jurors had roles in a total of 10 recent legal actions. The fourth had been a defendant in an older lawsuit she didn't disclose.

Practice Areas: Torts , Personal Injury , Appellate Law - Civil

Second District Court of Appeal

Suicide Malpractice Case Wends Way Through Court System

The next stop for a medical malpractice case based on a suicide is either the Florida Supreme Court or a Sarasota Circuit Court jury.

Practice Areas: Medical Malpractice , Appellate Law - Civil

Fourth District Court of Appeal

Jupiter's Loss At 4th DCA May Actually Be A Win For The Public

By Noreen Marcus |

The Fourth District Court of Appeal threw out Jupiter's $1.635 million fine against homeowners for removing 109 mangrove trees, but a companion ruling affirming the homeowners must pay $58,000 for costs. That could deter others from choking the code enforcement system with weak cases.

Practice Areas: Appellate Law - Civil , Land Use and Planning

Second District Court of Appeal

Appeals Court Orders New Sentencing For Juvenile Serving Life Term

By Noreen Marcus |

Courts are trying to sort out what to do with inmates who received life sentences as juveniles before the U.S. Supreme Court declared the terms unconstitutional.

Practice Areas: Family Law , Juvenile Law

U.S. Supreme Court

Gov. Scott Wants Supreme Court To Review Rejected Drug-Testing Program

By Noreen Marcus |

ACLU staff attorney Shalini Agarwal—a winner in federal appellate court—has a shot at appearing before the U.S. Supreme Court, although she's hoping that's not the case.

Fourth District Court of Appeal

Can Spouses Waive Rights To Assets Accumulated During Marriage?

By Noreen Marcus

The Fourth District Court of Appeal said a wife waived her claim to the husband's assets accumulated during the couple's marriage of more than 20 years. But the panel acknowledged a different result had the couple lived in Tampa or Miami.

Third District Court of Appeal

Miami Team Of Lawyers In Thick Of Preemption Battle Over A-Rod

By Noreen Marcus

The Third District Court of Appeal ruled two men close to Yankees' star Alex Rodriguez must submit to depositions in a lawsuit Baseball Commissioner Bud Selig filed in Miami-Dade Circuit Court early this year.

First District Court of Appeal

Rare En Banc First DCA Allows Guns To Be Stored In Students' Cars At Universities

By Noreen Marcus

The University of North Florida's prohibition of guns in cars on campus was struck down in a 12-3 vote by the First District Court of Appeal.

Florida Supreme Court

Florida Supreme Court Grapples With Permanent Disability Coverage

By Noreen Marcus |

Coral Gables attorney Richard Sicking says the Florida Supreme Court is looking at two conflicting workers' compensation questions without an answer: How much do injured people need, and how much can society afford to pay them?

Practice Areas: Labor and Employment , Labor Law , Employment Contracts

U.S. Court of Appeals for the Eleventh Circuit

11th Circuit: Communications Fit 'True Threat' Exception to Free Speech

The U.S. Court of Appeals for the Eleventh Circuit rules New Port Richey woman's communications fit the "true threat" exception to free speech.

Florida Supreme Court

Florida Supreme Court Expands Judges' Power To Appoint Receivers In Condo Disputes

By Noreen Marcus |

Kenneth Direktor of Becker & Poliakoff said allowing judges to appoint receivers in condo disputes gives recourse for investors in a community not being properly run.

Practice Areas: Residential and Commercial Real Estate , Alternative Dispute Resolution