by Abigail Bayer, FJA Senior Marketing & Communications Manager Every Friday, FJA® members can expect an inbox notification alerting the arrival of a carefully curated selection of recent court opinions and news stories from the week. Since its launch in 2017, the FJA Reading File has grown to become one of FJA’s highest-performing communications. In…
Special excerpt from the May/June 2020 edition of the FJA Journal by Andrew A. Harris and Bard D. Rockenbach, Burlington & Rockenbach, P.A., West Palm Beach 1. Introduction: Why write about Jury Instructions Right Now? At the outset, we want to wish everyone, their family members, and their professional families, good health. We are all…
By Paul Jess, Executive Director, Florida Justice Association The 2018 Legislative Session was even more tumultuous than usual and proved once again why all of us who seek justice need to be personally involved in local and state politics. The session started with scandals. Legislators who would be in powerful positions suddenly resigned. Near the…
1By: Fay O. Pappas Consider this hypothetical: A. You represent a Medicaid beneficiary for serious personal injuries (for demonstration purposes, let’s pretend it’s a cervical discectomy at C6-C7 with a couple of nights at a local hospital, preceded by a round of steroid injections and other failed conservative measures). B. Thus, your client’s gross medical…
By Mike Campbell “Can you draw the pedal for me?” That’s the only question I can remember from my deposition. I was around nine years old and I wasn’t frightened by the man asking me questions, or by the scary person wearing a mask at the end of the table (who I would later discover…
By Paul Jess, FJA Executive Director A full display of the Florida Justice Association’s horsepower is on tap at the 32nd annual John Romano Workhorse Seminar. In this issue of the Florida Justice Association’s Journal, you will learn more about the seminar. But first, I want to share with you how the event came about.…
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…
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…
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…
By C. Richard Newsome, R. Frank Melton, II, and William C. Ourand Right now, certain companies are feverishly working to deny Takata airbag victims their day in Court. Their method of attack is a “channeling injunction”– a bankruptcy oddity spawned by asbestos litigation. It is imperative for everyone representing individuals injured or killed by Takata…
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