Florida Bar Journal articles from March 2007

Florida Bar Journal archives from March 2007

Responding to state government health care fraud investigations.
March 1, 2007... If your practice includes the representation of health care provider clients, you should be prepared to respond to a government health care investigation. This article will help you make decisions during a government health care fraud...

Challenging expert witness testimony in Florida products liability cases under Frye.
March 1, 2007... Trials are often won or lost on the testimony of expert witnesses. Thus, successfully excluding the testimony of an opposing expert witness can deal a devastating blow to the opponent's case. Because scientific expert witness testimony is...

Getting your fair share back: recovering money paid pursuant to unconstitutional taxes and fees.
March 1, 2007... Jurisprudence in Florida concerning refund actions contains a rich history. Over the course of many decades, Florida courts have moderated decisions to deny refunds of unconstitutional taxes and fees. While administrative decisions denying...

eDiscovery and Digital Evidence.(Brief article)(Book review)
March 1, 2007... Book Announcement: eDiscovery and Digital Evidence By Jay Grenig and William Glesisner III In their cutting-edge new text, eDiscovery and Digital Evidence, co-authors Jay Grenig and William Gleisner III have compiled an authoritative...

No Man Stands Alone.(Brief article)(Book review)
March 1, 2007... No Man Stands Alone By Edward M. Ricci Around the time of his 60th birthday, attorney Edward Ricci began his memoir. A year later, it was finished. Ricci warns that his book is not an autobiography as, "Autobiographies are complete. This...

The Uniform Premarital Agreement Act: taking Casto to a new level for prenuptial agreements.
March 1, 2007... Prenuptial agreements have been in existence for over 200 years. And as such they have been litigated for over 200 years. We, as attorneys, well know that having a prenuptial or premarital agreement unfortunately does not mean that one can...

The impact of recent NLRB decisions on supervisory status.
March 1, 2007... On September 29, 2006, the National Labor Relations Board (NLRB or board) issued a trilogy of landmark decisions that could have significant and far-reaching implications for as many as eight million American workers. (1) In these decisions,...

The shield and the sword regarding disclosure of private psychiatric records as a routine element of discovery in Florida auto accident litigation.
March 1, 2007... Regardless of the mechanics of a particular automobile accident, complaints in automobile injury cases often allege damages using the same library of terms: pain and suffering, emotional distress, disfigurement, possibly lost wages, future loss...

Understanding the art of appellate advocacy: why trial counsel should engage experienced appellate counsel as a matter of professional responsibility and legal strategy.(Florida )
March 1, 2007... Whether trial counsel should handle an appeal or turn it over to an appellate attorney is often debated. Clients may expect trial counsel to argue the appeal. This may not be the best idea. The qualities of a good trial lawyer are not always...

A primer on counties and municipalities.(part 1)(Florida)
March 1, 2007... As Florida continues to grow, more rural areas develop urban characteristics. Empty lands fill with people and houses. Local governments are called upon to provide more and more services to these areas. In light of this trend, it is...

At the threshold - where preparation meets opportunity.(Florida)
March 1, 2007... It may be true that luck is where opportunity meets preparation. But often, there is a gap in between the two for students, especially law students. More often than not, forces of nature converge to bridge the gap between preparation and...

Are we outraged yet?(pro bono service )(Florida)(President's page)
March 1, 2007... It was nothing less than refreshing to watch the outrage boil. Charles "Cully" Stimson, then deputy assistant secretary of defense for detainee affairs, said on the Federal News Radio that he was dismayed that lawyers at many of the nation's...

Florida tightens its restrictions on class action lawsuits.
March 1, 2007... What was once a faint peal in the distance reverberated louder over the past few years and rose to a clang this summer following the 2006 legislative session. The bell of tort reform tolled loudly, first with the repeal of joint and several...