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Florida Bar Journal articles from December 2008
This journal provides articles, analysis and opinion on various types of Florida law.
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Florida Bar Journal archives from December 2008
Legislative changes to Chapter 720: homeowners' associations, Florida Statutes, regular legislative sessions 2007 and 2008.
December 1, 2008... In July 2007 and 2008, several amendments to Chs. 718 (condominiums), 719 (cooperatives), 720 (homeowners' associations), and 721 (vacation and timeshare plans) of the Florida Statutes went into effect. (1) These changes affect future...
Why punitive damages and criminal sentences are reviewed differently and what it means to your appeal.
December 1, 2008... It is always a curious thing when the courts approach two apparently similar questions in dissimilar ways. Recognizing such discrepancies can help practitioners develop better arguments by unpacking the underlying premises behind such...
Estate planning during turbulent times.
December 1, 2008... Low interest rates, especially when coupled with depressed stock and real estate markets, can create wealth transfer opportunities. For various wealth transfer techniques, the Internal Revenue Service assumes that a certain minimum interest...
The 2008 amendments to the APA: the Open Government Act. (Administrative Procedure Act)
December 1, 2008... "This bill promotes open government by increasing public access to information and making the Administrative Procedure Act more user-friendly."
Senator Mike Bennett, sponsor of Senate Bill 704
In 2007, the Florida Legislature approved...
Availability of class actions in arbitration.(part 2)
December 1, 2008... Part one of this article introduced the issues, analyzed the policies favoring class proceedings versus the policies favoring arbitration, and found that arbitration agreements are generally enforceable where a class claim can be brought. Part...
Unraveling the mysteries of the Florida exemptions for life insurance and annuity contracts.(part 1)
December 1, 2008... Florida is one of the most generous states in providing mechanisms for its residents to protect wealth. (1) For instance, Florida law provides an unlimited exemption for equity in a primary residence, the value of life insurance and annuities,...
A brave new frontier: the equitable distribution 2008 legislative changes.(Florida)
December 1, 2008... July 1, 2008, marks a significant milestone in the evolution of the law of equitable distribution in dissolution of marriage actions in Florida. That date is the effective date of the legislature's amendment of the equitable distribution...
Your Board of Governors.(Florida)(President's page)
December 1, 2008... The holidays are a time of giving. But the season of giving is yearlong for the members of The Florida Bar Board of Governors. Studying voluminous documents, information, and thick notebooks of board materials, they dedicate a significant...
The learned intermediary doctrine in Florida: courts wrestle with claimed exceptions to the doctrine in drug and device litigation.
December 1, 2008... [ILLUSTRATION OMITTED]
The learned intermediary doctrine (LID) is a widely recognized defense in pharmaceutical failure-to-warn litigation. Under the LID, a pharmaceutical manufacturer has a duty to warn the learned intermediary--the...