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Beans? What Kinda Beans?

2024-10-1547:09

Robert, Lindsey, and Joni recap several recent DCA opinions.Citizens Prop. Ins. Corp. v. Walden, 3DCA (first impression, presuit under section 627.70125, certiorari).State v. Myers, 3DCA (Miranda).Pacheco v. Jinete, 3d DCA (residency requirement for elected office). Beans v. Beans, 1st DCA (modification to alimony).Julia v. Ramos-Baez, 6DCA (attorneys’ fees under 61.16) (creating split among DCAs). Cowins v. State, 4th DCA (PTSD; self-defense).Thank You SponsorsThis podcast is supported ...

Talkin' AI with Adam Unikowsky

2024-10-0327:54

Adam Unikowsky is a Partner at Jenner & Block. He is at the forefront of thinking about the use of AI in the law. Adam is a graduate of MIT and Harvard Law. He focuses on appellate and Supreme Court practice in the areas of securities litigation, Indian law, patents, civil procedure, and constitutional law.Check out Adam's substack articles on AI: In AI we Trust (Part 1) & In AI we Trust (Part 2).Snell v. United Specialty Ins. Co. (11th Cir.)Thank You SponsorsThis podcast is supp...

PIP Law and More

2024-09-0529:07

Jennifer joined Robert to run throw opinions from June and July. Health and Wellness Evolution Co. V. Infinity Auto Ins. Co., 3d DCA (EUO; hearsay).Crown Asset Mgmt., LLC v. Bribiesca, 3d DCA (small-claims rules).Sch. Bd. of Broward Cnty., FL. v. State Farm Mutual Auto Ins. Co., 4th DCA (reimbursement under section 627.7405).Auto Club Ins. Co. of FL. v. Express Care of Belleview, LLC (Eileen Fonti), 5th DCA; Auto Club Ins. Co. of FL. v. Express Care of Belleview, LLC (Helmut J. Meven), 5...

Guns and Shifting Originalism

2024-08-1428:45

Professor Harold Krent of the Chicago-Kent College of Law sat down with Robert to discuss the Court's decisions in United States v. Rahimi and Garland v. Cargill, and how Rahimi shows the Court's current iteration of "originalism" does not constrain judges. Rather, it is used as a tool to achieve a desired outcome.Thank You SponsorsThis podcast is supported by Stafi. Stafi provides trained, vetted, and experienced virtual legal assistants and paralegals who will take routine tasks off your pl...

Caselaw Update and Lindsey's Big News

2024-08-0731:10

Robert and Lindsey recap opinions from the DCAs, the Florida Supreme Court, and the 11th Circuit.In re: Amends. to Fla. R. Civ. P 1.110.In re: Amends. to Fla. R. Civ. P. 1.200, 1.201, 1.280, 1.440, & 1.460.In re: Amends to Fla. R. Civ. P. 1.510 and New Rule 1.202.In re: Amends. to Fla. R. App. P. 9.130.BAM Trading Servs., Inc. v. Florida Off. of Fin. Regul., 1st DCA (intra-district conflict); see also A Not-So-Little Problem with Precedent: Intra-District Conflict in Florida District Cour...

Campaign Finance: Where Will Joe's Dough Go?

2024-07-2529:04

Robert sat down with Erin Chlopak, Senior Director of Campaign Finance at the Campaign Legal Center, to set the record straight about whether Vice President Harris will be able to use funds raised by the Biden/Harris campaign. Erin also explains why republican threats to sue to prevent VP Harris from using the funds are ill-conceived. Before joining CLC, Erin spent nearly a decade working on a wide range of campaign finance issues in the Federal Election Commission’s Office of General Counsel...

Admin Law Avalanche

2024-07-1651:39

Robert discussed three important Supreme Court opinions handed down in late June and early July with administrative law experts Professor Harold Krent of the Chicago Kent College of Law, and Professor Lisa Heinzerling, the Justice William J. Brennen Jr. Professor of Law at Georgetown Law. Hal and Lisa explain how Loper Bright v. Raimondo, SEC v. Jarkesy, and Corner Post v. Board of Governs are likely to change the practice of administrative law.Our SponsorsThis podcast is supported by Stafi. ...

PIP: The Florida Supreme Court Has Ruled

2024-07-1142:35

Co-host Jennifer Opiola joined Robert to review recent PIP and insurance law opinions issued by the Florida DCAs.Allstate Ins. Co. v. Revival Chiropractic, LLC., FSC (PIP fee schedule); see also Progressive American Ins. Co., v. Express Care of Belleview, 5th DCA). Finell v. Florida Ins. Guar. Ass'n, Inc., 4th DCA (EUOs).HCA Health Servs. of Fla., Inc. v. Jo Ann Berlin, M.D., 4th DCA (jurisdiction; fee hearings).Lassiter v. Citizens Prop. Ins. Co., 2d DCA (SMJ; dueling affidavits). ...

Atextualism and Kingly Immunity

2024-07-0401:16:29

This is a special edition to explore the Supreme Court's opinion in Trump v. United States, the presidential immunity case. The Supreme Court granted former presidents absolute immunity from criminal prosecution for actions within his "conclusive and preclusive constitutional authority," and presumptive immunity from prosecution for all his official acts. The devil is in the details.I spoke with Professor Harold Krent from the Chicago-Kent College of Law, and former federal prosecutor David W...

FREE CLE: The Psychology of Jury Selection

2024-06-2459:18

Jury selection is the most important part of a trial. Many cases are won and lost during jury selection. On this episode, Robert and special guest host Joni Mosely spoke with Dr. Melissa Pigott about the psychology of jury selection and why it is important to understand prospective jurors’ values, attitudes, and beliefs. This episode is approved by The Florida Bar for 1 hour of general CLE credit. The course number is provided towards the end of the episode. Dr. Pigott is a nationally recogni...

Dobbs' Impact on Women Florida

2024-06-1329:32

Robert spoke with Professor Courtney Cahill about the recent Florida Supreme Court opinion in Planned Parenthood v. Florida. The court held that the Florida Constitution's privacy provision does not protect a woman's right to have an abortion. The U.S. Supreme Court's opinion in Dobbs v. Jackson Women's Health Organization played a major role in the Florida Supreme Court's analysis. Professor Cahill is the Chancellor’s Professor of Law and the University of California, Irvine School of L...

Opinion Update: Stop Making Improper Comments!

2024-06-0444:40

Robert and Lindsey break down a bunch of appellate opinions. The criminal opinions begin at 25:45. CIVIL OPINIONSNeighborhood Restaurant Partners v. Wolff, 5th DCA (improper comment; mistrial; bar referral).Haslauer v. Haslauer, 1st DCA (61.16 fees).The Walsh Grp. v. Zion Jacksonville, 5th DCA (striking supplemental authority).Guardianship of Jacquelyn Anne Faircloth v. Main St. Ent., Inc, FSC (comparative fault; dram-shop law). Dunmar Est. Homeowner’s Ass'n v. Rembert, 5th DCA (compliance wi...

Special Edition: Charging the Jury in New York v. Trump

2024-05-2331:10

The testimony is over in the NY criminal trial against defendant Trump. The jury will hear closing arguments next week and begin deliberations. But questions remain. What will the jury be asked to decide? Will the verdict form include the lesser-include offense of falsifying business records in the second degree? Both sides have a strategic decision to make. Robert sat down the retired NY Supreme Court Justice Ethan Greenberg to talk about these and other unresolved legal issues in the case. ...

Delay, Delay, Delay: Case No. 23-CR-80101-CANNON

2024-05-2044:25

Robert had the pleasure of sitting down with the estimable Roger Parloff to discuss the unending delays in the classified documents case against the former president. Roger and Robert also talked about the latest in the Manhattan case against defendant Trump.Roger is an award-winning journalist and a senior editor of Lawfare. He has his fingers on the pulse of the classified documents case and he, along with the rest of the team at Lawfare, have a series of ongoing episodes called Trump’s Tri...

Will the Supreme Court Crown a King?

2024-05-0942:27

On April 24th, the Supreme Court heard oral argument in United States v. Trump. The questions presented is "whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office."Professor Harold Krent of the Chicago-Kent College of Law joined Robert to discuss the oral argument and what the justices were interested in. Professor Krent's expertise includes appellate courts; consti...

The Most Powerful Branch and Faux Originalism

2024-05-0155:19

How did the Supreme Court become so powerful? Dr. Ben Johnson contends that a "little-known rule change" and the Court's unkept promise in 1928 are to blame.Dr. Johnson is an associate professor of law at the University of Florida Levin College of Law. He sat down with Robert to talk about the Court's question-selection process and how being able to "cherry-pick" legal questions has "transform[ed] the Court from a tribunal deciding cases into a super-legislator with little accountability."Dr....

PIP Update: The Retroactivity Debate

2024-04-1729:20

Co-host Jennifer Opiola joined Robert to review PIP and insurance opinions issued by the Florida DCAs in March.Universal Prop. & Cas. Ins. Co., v. laguna Riviera Condo. Ass’n, Inc., 2D DCA (retroactivity of § 627.714(4)). Citizens Prop. Ins. Corp. v. Avril and Romain, 4th DCA (deductible as an affirmative defense). Arway v. Progressive Amer. Ins. Co., 6th DCA (statute of limitations defeated by policy language). Envision Physical Therapy, Inc. v. Geico Gen. Ins. Co., 3d DCA (exhausti...

The "Don't Say Gay" Settlement

2024-04-1041:04

Equality Florida sued Governor DeSantis et al., challenging H.B. 1557 (the "Don't Say Gay" law). The parties recently settled, and Florida agreed to limit the law's scope in significant ways.Robert is joined by John C. Quinn, a partner at Kaplan Hecker and Fink, and D. Brandon Trice, counsel at Kaplan Hecker and Fink. John and Brandon were part of a team of lawyers, led by Robbie Kaplan, who, along with the National Center for Lesbian Rights, represented Equality Florida. Documents: ...

PIP and Ins. Update - All Kinds of Conflict

2024-03-2029:37

Co-host Jennifer Opiola joined Robert to review PIP and insurance opinions issued in February, including one dealing with inconsistent verdicts and another about the retroactivity of the pre-suit demand statute under chapter 627.Universal Prop. & Cas. Ins. Co. v. Tsirnikas, 2d DCA (inconsistent verdicts); see also Chiarella v. Ford, 4th DCA.Citizens Prop. Ins. Corp. v. Peipert, 3d DCA (entitlement to prejudgment interest).Cantens v. Certain Underwriters at Lloyd's London, 3d DCA (retroact...

New Rule 1.041 & January Opinions

2024-02-2932:41

Are you ready for new rule 1.041 (Notice of Limited Appearance), effective April 1? Tune into this episode to learn what you need to know. Robert and Lindsey also cover several opinions from January.In re: Jane Doe 23-B, 1st DCA (judicial waiver).Tanner v. Dashner, 4th DCA (single-homicide rule; ex post facto).Nelson v. State, 5th DCA (judge's comments at sentencing).Tesla v. Monserratt, 4th DCA (apex doctrine).John Knox Village of Cent. Fla., Inc. v. Est. of Alma Jane Lawrence, 5th DCA (amen...

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Summarily - A Podcast for Busy Lawyers