Florida Bar Journal articles from October 2006

Florida Bar Journal archives from October 2006

R. Fred Lewis Chief Justice of the Florida Supreme Court: a coal town's son who is guided by the rule of fairness.(Interview)
October 1, 2006... On his desk, a jar holds chunks of coal plucked from railroad tracks near the spot his mother's house once stood a few doors from the coal company store. Nearby sits the carbide light his grandfather clipped to his helmet to see down dark...

The new Florida Trust Code.(part 2)
October 1, 2006... Part VIII of the Code: Duties and Powers of Trustee As its title suggests, Part VIII of the New Florida Trust Code covers the duties and powers of a trustee. The following discussion tracks the Code, beginning with duties, moving on to...

Electronic discovery in Florida.
October 1, 2006... Recently, electronic discovery has become a hot topic of conversation here in Florida and nationwide. A 2005 decision by the 15th Judicial Circuit in Palm Beach County, Coleman Holdings, Inc. v. Morgan Stanley & Co., 2005 WL 679071 (Fla. 15th...

Allowing interlocutory appeals from orders denying summary judgment.
October 1, 2006... It is generally recognized that the principal purpose of summary judgment procedure is to promote the efficient allocation and use of judicial resources, (1) and to protect litigants from having to bear the costs of trial when no triable issues...

The 10,000 pound gorilla: federal preemption in class III medical device cases.
October 1, 2006... Federal preemption is a powerful defense for device manufacturers in Class III medical device cases. The majority of federal appellate courts around this country have ruled in favor of device manufacturers based on this defense, and they have...

The U.S. Supreme Court announces new rule for First Amendment free speech cases: public employee whistle-blowers need not apply.
October 1, 2006... On May 30, 2006, the U.S. Supreme Court issued its opinion in Garcetti v. Ceballos, 126 S. Ct. 1951 (2006), a long-awaited decision (1) which will impact millions of public employees nationwide. In Ceballos, the Court examined more than three...

The "announce clause" and the First Amendment: in large part because of the removal of restrictions on a judicial candidate's ability to announce how he or she might rule on an issue that might come before the court, we have witnessed the emergence of special interest questionnaires to judicial candidates.(President's page)
October 1, 2006... This is all terribly confusing. When lawyers run for election as judges in Florida, I had assumed voters prefer to select them based on their experience and contributions to the profession and community. I figured voters consider what other...

A primer on workers' compensation appeals.(Florida)
October 1, 2006... For the appellate practitioner who only occasionally has a workers' compensation case land on his or her desk, the handling of an appeal from a judge of compensation claims (JCC) can seem daunting. The Rules of Appellate Procedure apply as they...

How to obtain an order of taking.
October 1, 2006... In the wake of the Supreme Court's decision in Kelo v. City of New London, et al., 545 U.S. --, 162 L.Ed. 2d 439, 125 S.Ct. -- (2005), there is much interest in just what constitutes an acceptable public purpose for exercising the power of...

The testamentary charitable lead annuity trust revisited.
October 1, 2006... The testamentary charitable lead annuity trust has been an excellent planning technique for clients with substantial wealth who wish to devise assets for charitable purposes on an estate tax-deductible basis, while at the same time preserving a...

Modification actions for an increase in periodic alimony.(part 1)
October 1, 2006... Jean and Joan have been close friends since high school. Each married a professional man and had one child before their marriages were dissolved approximately five years ago. These confidants live in the same lakefront neighborhood which has...

Claims of exploitation of the elderly in the sale of financial products.
October 1, 2006... A new wave of litigation sweeping across our nation involves the sale of financial products, particularly annuities, (1) that are sold to senior citizens. Savvy attorneys have brought lawsuits against sellers of these products under elder abuse...

The Curmudgeon's Guide to Practicing Law.(Book review)
October 1, 2006... The Curmudgeon's Guide to Practicing Law By Mark Herrmann We live in a world of choices. Wherever we turn, we have menus to choose from, windows to click. The consultants tell us we can bid goodbye to the days when new lawyers would pursue...

The Mayor of Lexington Avenue.(Book review)
October 1, 2006... The Mayor of Lexington Avenue By James Sheehan With his debut novel, The Mayor of Lexington Avenue, Tampa-area attorney and author James Sheehan has created a world of people and places that most Florida lawyers will recognize. We see...

A Practical Guide to the CISG: Negotiations Through Litigation.(Book review)
October 1, 2006... A Practical Guide to the CISG: Negotiations Through Litigation. By A.E. Butler When a practitioner first encounters the United Nations Convention on Contracts for the International Sale of Goods ("the CISG"), he or she quickly will realize...

The Oregon Project.(Book review)
October 1, 2006... The Oregon Project By Natasha Roit The Oregon Project's opening scene is an intriguingly fearsome alley, where a bound victim finds himself facing sure death at the hands of three mysterious villains. But just as swiftly as this lurid...

Reel Justice: The Courtroom Goes to the Movies.(Book review)
October 1, 2006... Reel Justice: The Courtroom Goes to the Movies By Paul Bergman and Michael Asimow Judicial decisions on witness credibility in jury trials. Punitive damage awards in contract disputes. By exposing these types of procedural improprieties...

Your Lawyer: A User's Guide.(Book review)
October 1, 2006... Your Lawyer: A User's Guide By Lawrence J. Fox and Susan R. Martin Lawyers who must consistently explain the basics of legal representation should consider making Your Lawyer: A User's Guide a standard lagniappe for inquisitive clients....

The Case Against the Law: Legal Jargon, Legal Learning, and Legal Legerdemain.(Book review)
October 1, 2006... The Case Against the Law: Legal Jargon, Legal Learning, and Legal Legerdemain By Ken Vinson Legerdemain: a noun meaning "sleight of hand," from the Middle English "light of hand." Such is Ken Vinson's fascinating, if paradoxical, diatribe...

Guiding Those Left Behind in Florida.(Book review)
October 1, 2006... Guiding Those Left Behind in Florida By Amelia E. Pohl A death in the family can leave loved ones confused and overwhelmed by the all the arrangements that need to be made in a short amount of time. It can also leave a challenge for the...

Cornerstone of Liberty: Property Rights in 21st Century America.(Book review)
October 1, 2006... Cornerstone of Liberty: Property Rights in 21st Century America By Timothy Sandefur The Supreme Court's 2005 decision in Kelo v. New London sure has people talking these days. Take Cornerstone of Liberty: Property Rights in 21st Century...

Lawyers' Poker: 52 Lessons That Lawyers Can Learn from Card Players.(Book review)(Brief review)
October 1, 2006... Lawyers' Poker: 52 Lessons That Lawyers Can Learn from Card Players By Steven Lubet This new book discusses the parallels between a lawyer's work and the strategies employed by master poker players. Published by Oxford Press, Lawyers'...