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Federal court sanctions against attorneys under 28 U.S.C. section 1927: the 11th Circuit Court of Appeals attempts to divide the standard for multiplying the proceedings in bad faith.
January 1, 2007... It is becoming increasingly common for a prevailing party in federal court to seek attorneys' fees from the losing party's attorney under a combination of Federal Rule of Civil Procedure 11, 28 U.S.C. [section] 1927, and the court's companion...
Citation form: keeping up with the times.
January 1, 2007... A quiet buzz circulated last January at the Appellate Practice Section's Publications Committee to the effect that a new edition of The Bluebook had been published. None of us anticipated seeing the book on the New York Times best-seller list,...
Family limited partnerships: are they still alive and kicking?
January 1, 2007... Approximately one year ago, one of the authors coauthored an article for The Florida Bar Journal regarding family limited partnerships (FLPs). The article focused on the most recent family limited partnership cases in the context of the "bona...
Asset protection proofing your limited partnership or LLC for the bankruptcy of a partner or member.
January 1, 2007... Doctors, entrepreneurs, and officers and directors of public companies with exposure to potential, future claims of creditors sometimes create family limited partnerships and family limited liability companies (collectively referred to as FLPs)...
Economic redevelopment of small-city downtowns: options and considerations for the practitioner.(part 1)
January 1, 2007... Downtowns play an important part in the strength of most cities in the U.S. From its inception, the downtown has served as the gathering place for processions and celebrations of community events. Downtown epitomizes the heart and soul of most...
Rasmussen court allows both spouses $125,000 exemptions and protects appreciation within 1,215 days of bankruptcy.
January 1, 2007... Since the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), courts have interpreted the limitations that BAPCPA placed on homestead protection. With the exception of the Bankruptcy Court for the Arizona...
Successor liability issues in labor and employment cases.
January 1, 2007... As the 21st century roars ahead, there has been no slowing of business mergers, buyouts, other consolidations and sales, and bankruptcies. Of course, these corporate "shuffles" almost always impact the employment relationship in some fashion....
Mislabeling the pharmacist who does more than just mislabel the prescription: pharmaceutical liability under Florida Law.
January 1, 2007... Like any prescription, the law of pharmaceutical liability is an amalgam. It is a blend of concepts, principals, and notions derived, in large part, from other sources. In most instances, it proves effective. But in others, supplementation may...
The Godfather's Revenge.(Book review)
January 1, 2007... The Godfather's Revenge By Mark Winegardner
Unless you have been living under a rock, you know that novelist and Florida State University creative writing professor Mark Winegardner was chosen by the estate of Mario Puzo, creator of the...
Florida's First Law School: A History of Stetson University College of Law.(Brief article)(Book review)
January 1, 2007... Florida's First Law School: A History of Stetson University College of Law By Michael I. Swygert and W. Gary Vause
A thoroughly researched book, Florida's First Law School describes and analyzes the rise in prominence of Stetson University...
Cato Supreme Court Review: 2005-2006.(Brief article)(Book review)
January 1, 2007... Cato Supreme Court Review 2005-2006 Edited by Mark K. Moller, et al.
Now in its fifth annual edition, Cato Supreme Court Review presents a comprehensive critique of the Supreme Court's most important decisions from the term just ended and...
Seasoned mentors catch young solos before they fall.(Florida)(President's page)
January 1, 2007... As a novice prosecutor in Duval County at age 26, the late Assistant State Attorney Baker King took me under his wing and showed me the way.
If I had a nagging question and King wasn't handy, I could walk down the hallway and poke my head...
Florida common law jurisprudence.
January 1, 2007... Not far from the bank of the Thames, up a gentle slope from the Blackfriars tube station, stands the United Kingdom's High Court of Justice. An austere stone-grey edifice, it exudes legal tradition. Close by are Lincoln's Inn and Grey's Inn,...