Misleading Closing Arguments – Issues and Remedies

By Philip M. Burlington, Barbara Green and Christopher Carlyle Obviously, it is unnecessary to write an article advising you of the case law stating that it is improper to mislead the jury in closing argument as to either the law or the evidence. However, there are some cases holding that some arguments that do not…

With Inspirational and Moving Stories, Human Trafficking Survivors Jump Start Accountability Legislation in Senate

by Ryan Banfill, FJA Communications Director Sharing stories of the horrors and unspeakable acts they were forced to endure in Florida’s hotels and motels, a group of brave human trafficking survivors this week pleaded with a Senate panel to empower them to hold their trafficker or facilitator accountable for the crime against them.Sen. Lauren Book…

Medical Malpractice – Recent Decisions

By Scott R. McMillen & Allison McMillen Florida Supreme Court strikes parts of §766.106 and §766.1065 that allowed ex parte interviews with treating physicians as unconstitutional. Weaver v. Myers, So.3d , 42 FLW S906, 2017 WL 5185189 (Fla. 11-9-2017). The plaintiff filed suit as personal representative of her husband’s estate after he was allegedly killed…

Don’t Just Preserve the Record: Make a GOOD Record

By Shea T. Moxon Most discussions of record preservation focus on which objections and motions you need to make in the trial court to be able to argue certain issues on appeal. But there is another aspect of record preservation that can be just as important, although it receives comparatively little attention: making sure the…

Toy Shopping? Thank a Lawyer.

by Matt Funk, President of the New York State Trial Lawyers Association With the Thanksgiving holiday behind us, it’s time for that All-American activity—holiday shopping. For almost half of us, holiday shopping involves toys for our youngest loved ones. If that includes you, be thankful for the civil justice system, and for the lawyers that…