Florida Bar Journal articles from April 2004

Florida Bar Journal archives from April 2004

A long overdue thank you.(President's Page)
April 1, 2004... Sir Winston Churchill said, "We make a living by what we get, but we make a life by what we give." And what lawyers give more than those who devote their professional careers to providing legal assistance to people who could not otherwise...

Foreseeable zone of risk: confusing foreseeability with duty in Florida negligence law.(Cover Story)
April 1, 2004... It is axiomatic in the law of negligence in Florida and elsewhere that the elements giving rise to a cause of action are a legal duty on the part of the defendant to protect the plaintiff, the defendant's breach of that duty and injury or...

The Florida Supreme Court needs a second look at second collision motor vehicle cases.
April 1, 2004... In the 2001 consolidation of cases D'Amario v. Ford, 806 So. 2d 424 (Fla. 2001), and Nash v. General Motors, (1) the Florida Supreme Court altered the products liability landscape of how motor vehicle crashworthiness, or so-called second...

Dead man talking - requiem for summary judgment under Florida's "dead man's" statute.
April 1, 2004... The purpose of this article is to assist the probate litigation practitioner through the analytical maze that the "dead man's" statute often presents, particularly during the pretrial phase of the case, and to propose certain changes to the...

Most unlikely to succeed: substantive due process claims against local governments applying land use restrictions.
April 1, 2004... The due process provisions found in the Fifth and 14th amendments provide that the government shall not take a person's life, liberty, or property without due process of law. Because the 14th Amendment applies to the states, and state law is...

Shade meetings: overview, pitfalls, and recommended changes.
April 1, 2004... This article discusses the scope of the attorney-client exemption to the Sunshine Law and the procedures that must be followed to properly hold an attorney-client session. The article also analyzes case law interpreting the attorney-client...

Containing Canakaris: tailoring Florida's one-size-fits-most standard of review.
April 1, 2004... Florida's appellate rules were amended in 2001, requiring for the first time that initial briefs identify the standard of review applicable to each issue raised. (1) Since that change went into effect, appellants' lawyers have searched Florida...

Successfully defending employees in noncompete and trade secret litigation.
April 1, 2004... Fierce economic competition and a highly mobile workforce have caused many employers to require, with unprecedented frequency, that their new hires and existing employees execute noncompete agreements. (1) Noncompete agreements and their...

The Scarlet Letters.(Book Review)
April 1, 2004... The Scarlet Letters By Louis Auchincloss At age 86 most lawyers have retired to enjoy their grandchildren and the fruits of their labor. Louis Auchincloss, attorney and novelist, however, is still working at his second career. For many...