Shows
Zone of RiskDrake Wont Sue Kendrick BUT You Might Be Able To Marry Your Cousin | Zone of Risk Ep #4In Episode 4 of Zone of Risk, trial lawyers Joni Mosely and Spencer Charif enter new territory, breaking down Drake’s failed lawsuit over Kendrick’s diss track and play who they may be writing their own dis tracks for. They dissect which U.S. states actually allow cousin marriage while recounting scary dating history.Then they jump back to to Tyler Perry’s official legal response in his ongoing harassment case, and finally end with updates on the Klon vs Behringer guitar pedal lawsuit, a name battle involving Morgan & Morgan, and what happens when the EEOC sh...
2026-01-2128 minZone of RiskFamily doesn't matter to Eddie Winslow, Diddy Finally Got Time, & Smokey’s Under Fire | ZoR Ep #3Diddy got 50 months. Smokey's allegedly got 48 counts.And Eddie Winslow… might’ve pulled a Judy Winslow and vanished.In Episode 3 of Zone of Risk, trial attorneys Joni Mosely and Spencer Charif unload more chaos, breaking down the prison sentence for Diddy, the criminal investigation into Smokey Robinson, and how Family Matters star Darius McCrary (aka Eddie Winslow) found himself locked up over child support… and was possibly trying to flee the country.If you’ve ever wondered what happens when Hollywood drama meets federal law, this is the courtroom breakdown you didn’t know you ne...
2025-11-2022 minZone of RiskSmokey's in denial, Shannon's on Fire, & Tyler Perry just wants to help | Zone of Risk Episode 2In this episode of Zone of Risk, trial attorneys Joni Mosely and Spencer Charif unpack celebrity legal drama like no other.From Smokey Robinson’s ‘bad girls’ defense, and Tyler Perry’s helpful questioning.They break down the lawsuits, the shady legal strategies, and the pure media chaos surrounding public figures who think the courtroom is just another stage (thanks OJ).Chapters:00:19 – You are entering the Zone of Risk10:11 – The MAN Act, Federal Strategy & How Cases Get Moved 20:29 – Coerced Performances, Lawsuits Against Spouses & Civil Liability Explained 31:01 – Workplace Power Dynamics: When the Boss Cros...
2025-08-011h 02
Zone of RiskRead, Diddy, and the Insurmountable Gun F ing Defense | Zone Of Risk Episode 1In the debut episode of Zone of Risk, trial attorneys Joni Mosely and Spencer Charif dive headfirst into three courtroom sagas you have to hear to believe.The Karen Read retrial: a high-profile case featuring discredited expert witnesses, alleged police cover-ups, and a prosecution theory torn apart by its own evidence.The Diddy/Cassie case: and why the defense’s strategy to flip blame on the victim could actually work.And a case from Joni and Spencer’s own war chest, involving a loaded gun used during sex... and a de...
2025-07-0233 minZone of RiskPIP and MoreCo-host, Jennifer Opiola, joined Robert to review a handful of opinions from September dealing with a variety of important issues: Monarch Claims Consultants, Inc. v. Cliff Fleming, et. al., (6th DCA) (venue selection clause; severability). Synergy Contracting Grp., Inc. v. Homeowners Choice Prop. & Cas. Ins. Co., Inc., (2d DCA) (fraud on the court).Universal Pro. & Cas. Ins. Co. v. Navlen, (4th DCA) (admissibility of expert testimony). T.I.O. Med. Intervention, LLC . Liberty Mut. Fire Inc. Co., (4th DCA) (PIP out-of-state policies). Summarily is sponsored by BetterHelp and The...
2023-10-1028 minZone of RiskSupreme Court PreviewAdam Feldman, the creator of Empirical SCOTUS, joined Robert to discuss some of the major cases before the Super Supremes this term, including U.S. v Rahimi - a high-stakes Second Amendment case that could radically undercut DOJ's ability to prosecute certain firearm offenses. CFPB v. Community Financial Services Association of AmericaAcheson Hotels v. Laufer Lindke v. FreedO'Connor-Ratcliff v. GarnierU.S. v. RahimiLoper Bright Enterprises v. RaimondoMoore v. U.S. Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp lin...
2023-10-0337 minZone of RiskFREE CLE: Let's Mediate (with Rodney Romano)FREE CLE: The course number is provided towards the end of the episode. As a lawyer, you have likely participated in mediation. And you have probably seen mediation breakdown. Why? Was your case right for mediation? Were you prepared? Did you prepare your client? What are the keys to successful mediation? Rodney Romano, the founder of Matrix Mediation, LLC, joined Robert to discuss these topics and more. Rodney is one of the most sought-after neutrals in Florida. He has served clients throughout the state in more than 6,000 dispute resolution proceedings. Rodney has been a member...
2023-09-2658 minZone of RiskA Court in the Shadows (with Prof. Stephen Vladeck)What is the Shadow Docket? Why has it become a hot topic of late? And what do Shadow Docket orders tell us about the Court and how it picks and decides issues? Professor Stephen Vladeck of The University of Texas at Austin School of Law joined Robert to discuss his new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. Professor Vladeck is the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law and is a nationally recognized expert on the federal...
2023-09-1940 minZone of RiskCaselaw SmorgasbordThere is something for everyone on this episode. Robert and Lindsey breakdown the following cases:Stephens v. Stephens, 1st DCA (excusable neglect). Manheimer v. FPL, 3d DCA (punitive damages); Long v. Kroppke, 4th DCA (same). Goldstein v. UCF Bd. of Trs., 6th DCA (sovereign immunity). Scott v. State, 4th DCA (1st Amend.). TKH Coastal Prop. v. Talcor Grp., Inc., 5th DCA (appellate attys’ fees). State Farm v. Advanced X-Ray, 3d DCA (SMJ). Kawsar v. Alhamdi Group, LLC, 5th DCA (SMJ). State v. Wallin, 2d DCA (knock & announce). McConico v. Mo...
2023-09-1446 minZone of RiskPIP Land and Beyond (July and August)PIP law guru, Jennifer Opiola, joined Robert to explain several important PIP opinions from July and August. She also highlights new caselaw applicable to all civil litigation. Stiwich v. Progressive Amer. Ins. Co. and Parsons, 2d DCA (PFS and confession of judgment).State Farm v. Advanced X-Ray Analysis, Inc., 3d DCA (summary judgment; timelyness).Rodriguez v. The Responsive Auto Ins. Co., 3d DCA (policy rescission).Accident911 Help Med. Ctr. Corp. v. Direct Gen. Ins. Co., 3d DCA (motion to intervene).Safco Ins. Co. of Ill. v. MD Now Med. Ctr. Inc., 4th DCA (unlisted modalities).Clearcare, LLC. v. Gr...
2023-09-1232 minZone of RiskFixing the Court (and a GIVEAWAY!)Gabe Roth, the executive director of Fix the Court, joined Robert to talk about six proposed fixes to the federal judiciary. Fix the Court is a non-partisan, 501(c)(3) that advocates for non-ideological fixes to the federal courts, and particularly the Super Supremes, that would make the courts more accountable to the American people. Summarily is giving away a reMarkable™ 2 tablet. This digital tablet replaces your paper notebooks and printed documents. It is a next-generation tablet for taking notes, reading, and reviewing and editing documents. The tablet includes a folio and e-marker.
2023-09-0550 minZone of RiskTreating Rape Victims as SuspectsIn the Netflix documentary, Victim/Suspect, investigative reporter Rachel de Leon chronicles a surprising number of cases nationwide involving women who report alleged sexual assault to police, only to be accused of fabricating the allegations. These women are then charged with crimes and sometimes face years in prison. Rachel and the films director, Nancy Schwartzman, join Robert to talk about what they found, the crushing consequences for women who are treated as suspects, and the ways in which law enforcement turn the tables on rape victims. Find Victim/Suspect on Netflix. Rachel de Leon is an investigative...
2023-08-2953 minZone of RiskChatting with Florida Bar President Scott WestheimerScott Westheimer began his term as President of The Florida Bar in July. He joined Robert to talk about his major initiatives including analyzing, enhancing, and improving the Bar’s disciplinary system; providing members with free trust accounting software; strengthening the Bar’s relationship with local bar associations, and assessing the use of technology in the practice of law. Services provided by The Florida Bar: Health & Wellness Center: a free and completely confidential service that connects members with professional counselors.Counsel to Counsel: a first-of-its-kind mentoring program designed to pair new lawyers with those who are more e...
2023-08-2238 minZone of RiskUS v. Trump 2.0 (DC indictment and more)David Weinstein, a partner at Jones Walker, joins Robert to talk about the indictment of Donald Trump in DC for alleged criminal conduct leading up to the riot at the Capitol on Jan. 6th. David and Robert discuss the charges against Trump as well as motions and orders in the DC and FL cases. David handles corporate compliance and white-collar defense at Jones Walker. Before joining the firm, he served as an Assistance U.S. Attorney in the SDFL for 10 years.Indictment (DC)DOJ Motion for Protective Order (DC)Judge Chutkan’s O...
2023-08-1545 minZone of RiskJuly Caselaw UpdateRobert and Lindsey break down the following opinions issued in July.701 Palafox, LLC v. Scuba Shack, Inc., 1st DCA (amended complaint to add claim for punitive damages)Drazen v. Pinto, 11th Cir. (en banc) (standing under TCPA)Crocker v. Crocker, 5th DCA (trial court’s discretion to consider an argument for the first time on rehearing) K.R. v. DCF and Statewide GAL, 4th DCA (forfeiture of court-appointed counsel)Miller v. Gordon, 1st DCA (temporary timesharing)Casiano v. Casiano, 5th DCA (attorneys’ fees in a partition action; lack of transcripts) Thank you for listening. Please share the podcas...
2023-08-1028 minZone of RiskThe 1st Amendment and Lawyer CommunicationsThe Supreme Court of Florida recently issued an opinion about professionalism standards and stated, "The revised Professionalism Expectations that we adopt today emphasize that Florida’s professionalism standards apply to all forms of communication, including online communication, and to both in-person and remote (video or audio) interactions with others." Zach Greenberg of FIRE (The Foundation for Individual Rights and Expression) joined me to discuss the opinion and whether the revisions presents First Amendment issues. Zach is also the plaintiff in Greenberg v. Haggerty, a First Amendment challenge to a Pennsylvania Bar Association's rule that restricts the free sp...
2023-08-0821 minZone of RiskImposter Syndrome and Your Mental HealthImpostor Syndrome "describes high-achieving individuals who, despite their objective successes, fail to internalize their accomplishments and have persistent self-doubt and fear of being exposed as a fraud or impostor."* I battle Impostor Syndrome. Studies show that 75% of professionals do. And the numbers are higher among women and minorities. A large percentage of lawyers also deal with Impostor Syndrome. Dr. Ellen Hendriksen and Professor David Grenardo joined me to discuss Impostor Syndrome. They explain what it is, where it comes from, how it can impact our mental health, and ways to cope with it. F...
2023-08-0154 minZone of RiskWrite Right (with Amanda Haverstick)Lindsey Lawton and I sat down with Amanda Haverstick to talk about common mistakes in legal writing and how we can learn to Write Right. Amanda is a legal writing coach, writing consultant, and the founder of Writing Law Tutors LLC. She helps lawyers, law firms, and law students improve and fine-tune their writing.You can follow Amanda on LinkedIn.Thank you for listening. Please share the podcast with your friends and colleagues. Send your questions, comments, and feedback to summarilypod@gmail.com.Summarily is supported by The Law Office of Scott N...
2023-07-2526 minZone of RiskCLE on ABC: Always Be Closing (with Sia Baker-Barnes)When it comes to trial advocacy, closing argument is second only to jury de-selection. Closing is a litigator's last change to speak directly to the jury and to bring days, weeks, or months of testimony and evidence to a climax. Master trial lawyer, Sia Baker-Barnes joined Robert to discuss the fundamentals closing argument - Always Be Closing. The episode is approved for 1-hour of CLE credit (Florida). Sia is a candidate for president-elect of The Florida Bar. She is a board-certified civil trial lawyer with more th...
2023-07-1855 minZone of RiskJune Caselaw UpdateLindsey and Robert break down recent rule changes and opinions from June. Rule 9.130, FSC (rule change adding to list of nonfinal, appealable orders).In Re: Code for Resolving Professionalism Referral and Amends. to R. Regulating Fla. Bar 6-10.3, FSC. State v. Walker, 1st DCA (motion in limine; petition for cert.). Coates v. R.J. Reynolds, FSC (section 768.79 is not a prevailing party statute). Coinbase v. Bielski, USSC (mandatory stay during interlocutory appeal on the question of arbitrability). Muniz v. King, 4th (adopting verbatim proposed orders). Groff v. Dejoy, USSC (religious accommodation under Title VII). Counterman v. Colorado, USSC (mens re...
2023-07-1333 minZone of RiskPIP PIP Hooray!Jennifer Opiola, PIP extraordinaire, joined Robert to explain several important PIP and insurance law opinions from May and June. Mercury Indem. Co. of Amer. v. Pan AM Diag. of Orl., a/a/o Joceline Pierrilus (3d DCA).MGA Ins. Co., Inc v. Adv. Health & Wellness, Inc. a/a/o Esdras Cux (3d DCA).Infinity Auto Ins. Co. v. Miami Open MRI, LLC a/a/o Rolando Amador (3d DCA).Savoy v. Amer. Platinum Prop. & Cas. Ins. (4th DCA).Adv. Fla. Med. Grp., Corp. a/a/o Mindy Weir v. Progressive Amer. Ins. Co. (6th DCA).Progressive Exp. Ins. C...
2023-07-1137 minZone of RiskGoing Out With a BangThe Super Supremes dropped a few bombs in the final days of the 2022 term. Professor Harold Krent of the Chicago-Kent College of Law joined Robert to break down Biden v. Nebraska (student loans), Moore v. Harper (independent state legislature theory), 303 Creative v. Elenis (First Amendment), and Students for Fair Admissions v. Harvard & UNC (affirmative action). Check out Professor Krent's article Judging Judging: The Problem of Second-Guessing State Judges' Interpretation of State Law in Bush v. Gore.Thank you for listening. Please share the podcast with your friends and colleagues.Send your questions, comments, and...
2023-07-0655 minZone of RiskThe Chief's VRA SurpriseOn June 8th - in the midst of the Trump indictment - the Super Supremes decided an important issue dealing with section 2 of the Voting Rights Act. In Allen V. Milligan, the Court affirmed a district court’s determination that Alabama’s congressional map likely violates section 2. The majority opinion came as a surprise to many because it was authored by Chief Justices Roberts, who has a track record of being hostile to the VRA. Professor Carolyn Shapiro of the Chicago-Kent College of Law joined me to discussed the opinion. Professor Shapiro is the founder and co-director of C...
2023-06-2932 minZone of RiskSCOTUS Wrap Up - Part 1The Supreme Court’s 2022 term is coming to an end, so it's time for a couple of Supreme Court roundup episodes. Professor Harold Krent of the Chicago-Kent College of Law joined Robert to discuss U.S. v. Texas, an important opinion about standing; U.S. v. Hansen, which deals with an overbreadth challenge to a federal criminal statute; and Samia v. U.S., which is about the Confrontation Clause of the Sixth Amendment. Professor Krent will be back with Robert on July 7th to review some of the Court's final opinions for this term, including a few blockbusters on af...
2023-06-2731 minZone of RiskCollaborative Criminal JusticeIs the criminal justice system too focused on punishing non-violent, first-time offenders, or is there room for collaboration aimed at improving outcomes and giving these offenders a chance to change their lives? Can the system move non-violent, first-time offenders from the "courthouse to the classroom"?Broward County State Attorney Harold Pryor, and the Broward County Public Defender Gordon Weekes joined Robert to discuss a new program they launched in partnership with Broward College: Court to College. The program is designed to empower offenders and put them on a path to success.Enjoy the discussion.
2023-06-2247 minZone of RiskVenue, Double Jeopardy, and U.S. v. TrumpOn June 15, 2023, the Super Supremes settled a circuit split on an important issue involving venue and double jeopardy with its unanimous opinion in Smith v. U.S. The Court’s opinion is timely in that it addresses what could have been an issue for the Department of Justice U.S. v. Trump.David Weinstein, a partner at Jones Walker, joined Robert to discuss the opinion and how the case may have played a role in Jack Smith's decision to indict Donald Trump in the Southern District of Florida. David practices white-collar defense and corporate compliance. He...
2023-06-2032 minZone of RiskPreservation Landmines (May update)Lindsey and Robert break down five opinions from May. Three deal with preservation issues that can blowup your case. Litigators beware.Edenfiled v. State, 1st DCA (Second Amendment).Dupree v. Younger, US Sup. Ct. (Rule 50(b); preservation).Williams v. Lomeli, 5th DCA (preservation - appeal from non-final order).The Alfi A. Shahid and Patricia Allan-Shahid Family Trust v. Miller, 5th DCA (preservation - reconsideration of dismissal with prejudice).Rosell v. VMSB, 11th Cir. (Rule 41; stipulations; appellate jurisdiction).Thank you for listening. Please share the podcast with your friends and colleagues. Send your questions, comments, and feedback to...
2023-06-1320 minZone of RiskUnited States of America v. Donald J. TrumpOn June 8, 2023, Donald J. Trump was indicted on thirty-seven felony counts arising from his alleged unlawful retention of classified documents at Mar-a-Lago. The indictment was made public the next day. The United States seeks to hold the former president to account for unprecedented conduct involving national security. The charges are serious, and the indictment is sobering. Former federal prosecutor Ellen Cohen joined Robert to discuss the indictment. She served as an Assistant United States Attorney in the Southern District of Florida for 31 years. Before retiring she led the criminal division of the U.S. Attorney’s O...
2023-06-1054 minZone of RiskWhat First Amendment?Florida lawmakers and Governor DeSantis are on a crusade against the First Amendment. From limiting classroom instruction based on viewpoint, to retaliating against Disney, to enacting a vague law that silences expression based on the content of the performance, Florida is turning into a First Amendment desert.Aaron Terr of FIRE and First Amendment lawyer, Rachel Fugate, joined me to discuss the State's recent attacks on the First Amendment.Aaron is the Director of Public Advocacy at FIRE—the Foundation for Individual Rights and Expression. FIRE is a nonpartisan advocacy organization that concentrates on defending fr...
2023-06-0640 min
BetwetersDe Kracht Van Out Of The Box Denken: Hoe Alexander De Grote Zijn Paard TemdeIn deze aflevering duikt Charif in het verhaal van Alexander de Grote en zijn geliefde paard Bucephalus. We bespreken hun eerste ontmoeting, de uitdagingen die Alexander moest overwinnen om het wilde paard te temmen en de impact die dit moment had op zijn leven. Ook bespreken we de hechte band tussen Alexander en Bucephalus en hun vele veldslagen samen. Tot slot verkennen we de erfenis van Bucephalus, inclusief de stad die naar hem is vernoemd en het monument dat daar nog steeds staat.Support the showYoutube : https://www.youtube.com/@Betweterspodcast/videosInstagram : https://instagram...
2023-06-0507 minZone of RiskEmpirical SCOTUS (with Adam Feldman)Adam Feldman stopped by to talk about his creation, Empirical SCOTUS, a blog designed to look at contemporary and historical Supreme Court issues at an empirical level. Adam and Robert chat about the unprecedented sluggish rate of opinions this term, how oral argument has changed, and what the data says about the ideological split among the justices. Adam has a Ph.D. in Political Science from the University of Southern California as well as a J.D. from the University of California, Berkeley School of Law. Prior to receiving his Ph.D., Adam practiced law at McDermott, Wi...
2023-05-3038 minZone of RiskChatGPT & FREE TECH CLERoss Guberman, the creator of BriefCatch, joined Robert to talk about ChatGPT, how it works, and how lawyers can use the AI platform. Ross also gave a tutorial to show what ChatGPT can do. It's pretty amazing. We walk through the tutorial during the episode, but you can also watch it by flipping to Summarily's new YouTube channel at 13:24 of the episode. BONUS! The episode is approved for 1 hour of technology CLE credit and 1 hour of general credit. AND IT'S FREE. The course number is announced during the episode.Thank you...
2023-05-2359 minZone of RiskHow Many Extensions? (April Caselaw Update)Lindsey and Robert break down civil and criminal opinions for the Supreme Court of Florida and the DCAs. They also highlight 3 opinions dealing with important appellate issues. Civil Opinions (8:00): In re: Amends. to Fla. Rule of Civ. Proc. 1.530 and Fla. Fam. Law Rule of Proc. 12.530, FL. Sup. Ct. (clarifying both rules).Free CLE on Preserving ErrorDesign Neuroscience Ctrs., v. Fields, 3d DCA (summary judgment). Mason v. Mason, 1st DCA (relief for fraud in family law financial affidavit).Criminal Opinions (16:35):Chavers v. State, 1st DCA (whether right to trial includes a 12-p...
2023-05-1841 minZone of RiskFlorida's New Capital Punishment RegimeFlorida recently amended its death penalty statute to allow for a non-unanimous jury decision on whether to impose the death sentence. Governor DeSantis also signed into law a statute the permits the death penalty for aggravated sexual assault of the child under 12. Both statutes are certain to be challenged on constitutional grounds. On this episode, Melanie Kalmanson joins me to discuss the new laws and how they they might play out when they reach the U.S. Supreme Court. Melanie is an associate at Quarles where she concentrates her practice on commercial litigation and appellate r...
2023-05-1652 minZone of RiskPIP Goes En BancJennifer Opiola checks in to review PIP and insurance opinions from April (and one from May), including an en banc opinion from the 4th DCA. Progressive Select Ins. Co. v. In House Diagnostic Servs, Inc., 4th DCA (en banc) (reimbursement schedule).Shiloh Christian Cent. v. Aspen Specialty Ins. Co., U.S. 11th Cir. (contract interpretation).Citizens Prop. Ins. Co. v. llunsly Hernandez, 4th DCA (JNOV).Menendez v. Progressive Express Ins. Co., 4th DCA (retroactive application of a statute). having to do with changes in the law and retroactivity.Summarily is supported by The Law O...
2023-05-0931 minZone of RiskFlorida Takes Aim at AbortionProfessor Mary Ziegler was kind enough to join me for a discussion about Florida’s new “Heartbeat Protection Act,” which, if it goes into effect, will ban abortion after 6 weeks and subject abortion providers to a felony conviction punishable by up to 5 years in prison. Professor Ziegler also explains how the law could expose a person other than an abortion provider to a felony conviction. She goes on to describe the push by the anti-choice movement for “fetal personhood” and what history tells us about the concept. Professor Ziegler is the Martin Luther King Jr. Professor of Law at the...
2023-05-0530 minZone of RiskMarch MadnessLindsey Lawton and I review several interesting (some maddening) opinions from March. The show starts with criminal opinions. The civil opinions begin at 22:00. State v. Quevedo, 3d DCA (stand your ground; defendant’s state of mind).Williams v. State, 1st DCA (best practices for client communications).Upshur v. State, 2d DCA (ineffective assistance of appellate counsel).Crosby v. Town of Indian River Shores, 4th DCA (Anti-Slapp).Mannella v. Mannella, 6th DCA, (burden to show substantial change in child support; dicta).S.S. v. Sch. Bd. of Sarasota Cnty, 2d DCA (statute of limitations; sovereign immunity). NRA v. B...
2023-05-0235 minZone of RiskJudicial Independence with Justice Barbara J. ParienteJustice Barbara J. Pariente joined Robert to discuss her remarkable career, the importance of judicial fairness and impartiality, and problems with the current judicial selection process in Florida.Justice Pariente’s legal career began 50 years ago with a 2-year clerkship for U.S. District Judge Norman Roettger. She then settled in West Palm Beach, where she practiced for nearly 20 years before being appointed to the Fourth District Court of Appeal in 1993. She was appointed to the Florida Supreme Court in 1997, becoming the first Jewish woman justice. Justice Pariente was the second woman to serve on the state’s hi...
2023-04-2443 minZone of RiskJustice Corruptus? (The Justice Thomas Sitch)Justin Elliott of ProPublica and former chief ethics lawyer for President George W. Bush, Professor Richard W. Painter, join me to discuss Justice Clarence Thomas’s failure to disclose extravagant trips and real estate transactions, potentially violating federal law.Mr. Elliott provides details about the genesis of the ProPublica investigation and what he and his colleagues, Joshua Kaplan and Alex Mierjeski, uncovered.Professor Painter explains the federal statutes at issue and why he believes Justice Thomas’s failure to report is a “clear- cut violation of the disclosure requirements.”Professor Painter teaches at the Univ...
2023-04-171h 05Zone of RiskPIP Land: Tort Reform and Caselaw UpdateJennifer Opiola checked in to discuss tort reform as applied to PIP litigation, review PIP/insurance opinions from March, and to remind everyone to PLAY NICE.Full Pro Restoration a/a/o Placido Fernandez v. Citizens Prop. Ins. Corp., 3d DCA (summary judgment).Maria Mesa, et. al. v. Citizens Prop. Ins. Corp., 3d DCA (business records and hearsay).JD Restoration, Inc,. a/a/o Erick Denival v. Citizens Prop. Ins. Corp., 4th DCA (vacating final summary disposition).Send your questions, comments, and feedback to summarilypod@gmail.com.Disclaimer: This podcast is for informational...
2023-04-1241 minBetwetersUitgaan In Rotterdam, Hongerig Voor Fame & Zijn Wij Slaven Van Het Syteem? | Free Talk 9Vorig weekend zijn wij voor het eerst uitgegaan in Rotterdam. Na een korte nabespreking van ons avontuur (Charif herinnerde niet alles meer) hebben wij het over bekendheid en een stedelijk leven gewijd aan de maatschappij. Enjoy!Support the showYoutube : https://www.youtube.com/@Betweterspodcast/videosInstagram : https://instagram.com/betweterspodcast Tiktok : https://www.tiktok.com/@betweterspodcast
2023-04-1037 minZone of RiskThe People v. Trump: A Former NY Judge's PerspectiveThe Honorable Ethan Greenberg (ret.) joined Robert to offer his perspective on the indictment of Donald Trump and to address possible problems for the defense, potential difficulties for Manhattan District Attorney Alvin Bragg’s team (including proving intent), and what we can expect from each side moving forward.Judge Greenberg is a shareholder at Anderson Kill in New York, where he co-chairs the firm’s Government Enforcement, Internal Investigation and White-Collar Defense Practice Group. Before joining the firm, Judge Greenberg was an acting New York State Supreme Court justice in Bronx County and a Criminal Court judge with...
2023-04-0748 minZone of RiskFebruary Opinion RoundupLindsey Lawton and I review cases from the Florida appellate courts from February 2023. Civil opinions begin at 10:10.Oquendo v. State, 2d DCA (PTSD in self-defense context).Guida v. State, 5th DCA (trial court factual findings at stand your ground hearing).Publix v. Roth, 2d DCA (overbroad discovery; protective orders; certiorari).Omni Healthcare, Inc. v. N. Brevard Cnty. Hosp. Dist., (timeliness of notice of appeal).Danforth v. Danforth, 6th DCA (timeliness of notice of appeal).Unborn Child v. Reyes, 3d DCA (habeas).Pardon v. Pardon, 3d DCA (circuit court jurisdiction over final judgment). Edmonds v. Edmonds, 6th DC...
2023-04-0431 minZone of RiskStanford Law: The Illusion of Inclusion?David Lat joins Robert to discuss the student protest at Stanford Law School over a recent visit by Fed Soc invitee U.S. Circuit Judge Kyle Duncan. Recordings and documents referenced during the episode:Recording of the protest and Judge Duncan's reactionStanford Law Dean Martinez's letterJudge Duncan's op-ed in the WSJDEI Dean Steinbach's op-ed in the WSJUC Berkley School of Law Dean Erwin Chemerinsky on MSNBC's Morning JoeCheck out David's substack, Original Jurisdiction, and his podcast by the same name. Follow David on Twitter and LinkedIn. David Lat is a lawyer turned w...
2023-03-3027 minZone of RiskFlorida "Tort Reform" ExplainedLast Friday, Governor Ron DeSantis signed HB 837, transforming insurance and negligence law in Florida. Michal Meiler, a partner at Ver Ploeg & Marino, joined Robert to break down the major changes and explain how the new laws will likely make it harder for policy holders and victims to seek legal redress.Read the text of the law here. Read the Governor's announcement here.Send your questions, comments, and feedback to summarilypod@gmail.com.Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services. The information provided o...
2023-03-2743 minZone of RiskFebruary PIP UpdateJennifer Opiola checks in to review PIP opinions from February.Comprehensive Health Cent., LLC, a/a/o Angela Cooper v. Star Cas. Ins. Co., (3d DCA).United Auto. Ins. Co. v. Family Rehab., Inc., a/a/o Hugo Nelson Jimenez, (3d DCA). The Restoration Team, a/a/o Rick Santos and Idalia Santos v. S. Oak Ins. Co., (3d DCA).United Auto. Ins. Co. v. Xunda A. Gibson, M.D., P.A., d/b/a Premier Urgent Care Cent., a/a/o Jean Baptiste Ochelin, (4th DCA). Baker Family Chiropractic, LLC, a/a/o Hahn Dinh v. Liberty Mut...
2023-03-1533 minZone of RiskFlorida: The Death State?At the urging of Governor Ron DeSantis, the Legislature is considering proposed legislation that will lead to more death sentences in Florida. Robert Dunham, the former Executive Director of the Death Penalty Information Center, joined Robert to discuss the bills and what they mean for the death penalty in Florida.Robert Dunham is a nationally recognized expert on the death penalty with more than 25 years of capital litigation experience. Bills related to nonunanimous death recommendations: You can read the latest version (3/8/23) of house bill 555 here and follow the changes here.You...
2023-03-0936 minZone of RiskPart 2: Jury DEselection FREE CLE (w/ Mariano Garcia)This is part 2 of a 2-part FREE CLE series on jury selection. The course has also been approved for civil trial certification credit. The course title is "Voir Dire: Preparation to Preservation." The course number is 2302057N.Mariano Garcia is a board-certified civil trial lawyer and shareholder at Searcy Denney Scarola Barnhart and Shipley, where he focuses on medical malpractice, personal injury, and product liability cases. He has achieved an AV rating for the highest level of professional ability and ethics from Martindale Hubbell. Mariano is a member of the Million Dollar and Multi-Million Dollar...
2023-02-271h 04Zone of RiskPart 1: Jury DEselection FREE CLE (w/ Mariano Garcia)This is part 1 of a 2-part FREE CLE series on jury DEselection. The course has also been approved for civil trial certification credit. The course title is "Voir Dire: Preparation to Preservation." The course number is 2302057N.Mariano Garcia is a board-certified civil trial lawyer and shareholder at Searcy Denney Scarola Barnhart and Shipley, where he focuses on medical malpractice, personal injury, and product liability cases. He has achieved an AV rating for the highest level of professional ability and ethics from Martindale Hubbell. Mariano is a member of the Million Dollar and Multi-Million Dollar...
2023-02-2755 minZone of RiskThe BIG Five-OWelcome episode 50 of Summarily! Thank you for listening and supporting this podcast!On this episode, Lindsey Lawton and I review January opinions from the Florida DCAs. (Skip to 23:30 for criminal opinions.)CED Capital Holdings 2000 EB, LLC v. CTCW-Berkshire Club, LLC, (6th DCA 2023) (attorneys fees; precedent in the 6th DCA).Gomez et al., v. R.J. Reynolds and Philip Morris, et al., (3d DCA 2023) (dismissal; interlocutory orders).Lojares v. Silva, (1st DCA 2023) (allocation of timesharing).Publix v. Blanco, (3d DCA 2023) (overbroad discovery).Mcardle v...
2023-02-1633 minZone of RiskPIP Land (w/ Jennifer Opiola)Jennifer Opiola checks in to review three important PIP opinions from December and January.Bain Complete Wellness, LLC v. Garrison Prop. & Cas. Ins. Co., (Fla. 2d DCA 2022).State Farm Mut. Auto. Ins. Co. v. Best Med. Treatments, Inc., (Fla. 3d DCA 2023).People’s Tr. Ins. Co. v. Errol A. Polanco, ( Fla. 4th DCA 2023).Jennifer also discussed the jurisdictional briefs filed with the Florida Supreme Court in United Automobile v. Lauderhill Medical (Amber Griffin) and United Automobile v. Lauderhill Medical (Robert White). Both cases were covered in December. Send your questions, comments, and feedback to summarilypod@gma...
2023-02-1334 minZone of RiskSecond Amendment Madness courtesy NYSRPA v. BruenProfessor Harold J. Krent of the Chicago-Kent College of Law joins Robert to discuss a recent 5th Circuit opinion holding that, under N.Y. State Rifle & Pistol Association, Inc. v. Bruen, a federal statute prohibiting an individual subject to a domestic violence restraining order from possessing a firearm violates the Second Amendment. Professor Krent is the former dean of the Chicago-Kent College of Law, where he teaches in the areas of constitutional law, appellate courts, legislation, and administrative law. Opinions and cases discussed:NYSRPA v. Bruen (U.S. Supreme Court)U.S. v. Rahimi (5th...
2023-02-0829 minZone of RiskFive Pillars of Advocacy (with H.T. Smith)The recipient of countless awards from dozens of legal and civic organizations, H.T. Smith is an icon in the legal community, a civil rights legend, and a champion for a “full cup of justice for the least, the last, the lost, the looked over, and the left out.” He blazed pioneering trails as Miami’s first African-American assistant public defender and first African-American assistant county attorney. And he established the first Black-owned law firm in downtown Miami. He was voted the Top Trial Lawyer for 2017 by the Dade County Bar Association, listed in The Best Lawyers in America for over...
2023-01-311h 03Zone of RiskThe Juvenile Brain and Criminal CulpabilityAccording to the U.S. Supreme Court, juveniles are different than adults when it comes to criminal culpability. This has ramifications at sentencing. For example, sentencing a person to death for a capital offense violates the Eighth Amendment’s prohibition against cruel and unusual punishment if the person was younger than 18 years old at the time of the offense. But why are juveniles different? That is the topic of this episode. Robert is joined by Dr. Robert Kinscherff, executive director of the Center for Law, Brain, and Behavior at Massachusetts General Hospital, and Judge Jay Blitzman, law pro...
2023-01-261h 03Zone of RiskLucid Brevity (with Justice Alan Lawson)Former Justice of the Supreme Court of Florida, Alan Lawson, joins Robert and Lindsey to talk about his journey to the bench, judging, and constitutional interpretation. Alan Lawson was a member of the Supreme Court of Florida from 2016-22. Prior to his tenure on the Supreme Court, he served as a judge on the 5th DCA for over a decade, including as chief judge from 2015-16. His legal career began in 1987 when he joined Steel Hector & Davis, where he became a partner. Justice Lawson also served as an assistant county attorney in Orange County and as judge...
2023-01-1843 minZone of RiskRecapping Dec. 2022On this episode, Lindsey Lawton and I review December 2022 opinions from the Florida District Courts of Appeal and the U.S. Court of Appeals for the 11th Circuit.Listen. Enjoy. Subscribe. Share.· Snow v. State, 1st DCA, Dec. 12, 2022 (stand your ground). · Yentes v. Papadopoulos, 2d DCA, Dec. 2, 2022 (informed consent in med mal).· The Est. of Nicholas Blakely v. Stetson Univ., 5th DCA, Dec. 30, 2022 (exculpatory clauses for negligent acts).· Publix Super Markets v. Alford, 5th DCA, Dec. 30, 2022 (proposal for settlement).· Balazic v. Balazic, 5th DCA, Dec. 22, 2022 (distribution of marital property).·...
2023-01-1043 minZone of RiskSeparating Public School Restrooms Based on Biological SexProfessor Harold Krent of the Chicago Kent College of Law joins Robert to discuss a major 11th Circuit opinion. The court, sitting en banc, held that separating the use of male and female bathrooms in public schools based on a student’s biological sex does not violate the Equal Protection Clause of the Fourteenth Amendment or Title IX. The case is Drew Adams v. School Board of St. Johns County, Florida.Listen. Enjoy. Subscribe. Share.Send your questions, comments, and feedback to summarilypod@gmail.com. *Disclaimer: This podcast is for informational purposes only and...
2023-01-0535 minZone of RiskPolice AnonymityMarsy's Law is a provision of the Florida Constitution that grants crime victims certain rights, among them is the right to "prevent the disclosure of information or records that could be used to locate or harass the victim or the victim’s family[.]" Art. I, §16(b)(5), Fla. Const. A police officer is victimized while on duty. Can she claim the protections of Marsy's Law? Daniela Abratt of Thomas & LoCicero joins Robert to debate the issue. Thomas & LoCicero represents the news media, which intervened in the case. The media argues that police officers are not covered by Marsy's Law...
2022-12-2754 minZone of RiskSweeping Changes to Property Insurance LawCristina Cambo breaks down the major changes to property insurance law in the wake of SB 2-A and explains what litigators and policy holders need to know.Cristina Cambo is a partner at the Bolin Law Group where she practices first- and third-party insurance coverage and defense. She recently testified before the Florida legislature on behalf of the Florida Defense Lawyers Association. You can find the summary of SB 2-A here.This podcast is supported by Ascension Global Staffing & Executive Search.*Disclaimer: This podcast is for informational purposes only and is...
2022-12-2338 minZone of RiskThoughtful and Compassionate ProsecutionState Attorney Harold F. Pryor joins Robert to discuss inequities in the criminal justice system, the challenges facing local prosecutors, and what it means to be a thoughtful and compassionate prosecutor. This podcast is supported by Ascension Global Staffing & Executive Search.*Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services. The information provided in this podcast is not intended to be legal advice. You should not rely on what you hear on this podcast as legal advice. If you have a legal issue, please contact a lawyer. The view...
2022-12-2049 minZone of RiskPIP EarthquakeJennifer Opiola stops by to review three major PIP opinions from November, as well as an importance case from 2013 that plays a role in how the three opinions were decided. This podcast is supported by Ascension Global Staffing & Executive Search.· United Auto. Ins. Co. v. Lauderhill Med. Cent., LLC a/a/o /Robert White, (Fla. 4th DCA 2022).· United Auto. Ins. Co. v. Lauderhill Med. Cent., LLC a/a/o Amber Griffin, (Fla. 4th DCA 2022).· United Auto. Ins. Co. v. Chironex Enter., Inc. a/a/o Eimly Echegaray, (Fla. 4th DCA 2022). · Allst...
2022-12-1336 minZone of RiskNovember RundownLindsey and Robert cover civil and criminal opinions from November. This podcast is supported by Ascension Global Staffing & Executive Search.Civil OpinionsEnriquez v. Velazquez, 5th DCA (family law; paternity). Wharran v. Morgan, 2d DCA (discovery; privacy rights).Harris v. Plapp, 1st DCA (proposals for settlement).Criminal Opinions (begin at 20:48)State v. Richmond, 1st DCA (medical records in criminal proceedings).Somers v. United States, FL. S. Ct. (ACCA).Edwards v. State, 1st DCA (stand-your-ground immunity).St...
2022-12-0943 minZone of RiskWhat's Happening in Legal EdAntony Page, Dean of FIU Law, joins Robert to discuss legal education, the U.S. News and World Report ranking, and affirmative action.This podcast is supported by Ascension Global Staffing & Executive Search.Antony Page was named the third dean of the FIU College of Law in May 2018. Prior to joining FIU Law, Dean Page served as Vice Dean and Professor of Law at the Indiana University Robert H. McKinney School of Law.Dean Page earned his J.D. with distinction from Stanford Law School, where he was elected to Order of the...
2022-12-0245 minZone of RiskCaselaw update and why Robert hates stand your groundLindsey Lawton and I review civil and criminal opinions from September and October. This podcast is supported by Ascension Global Staffing & Executive Search.Civil Opinions:· Iarussi v. Iarussi, 1st DCA (prejudgment interest on equitable distribution, and imputation of income for investments). · White v. AutoZone, 3d DCA (employment discrimination). · EIG Services, Inc. v. One Call Medical, Inc., 1st DCA (arbitration). · Martin v. City of Tampa and Columbia Restaurant, 2d DCA (negligence; legal duty). Criminal Opinions (beginning at 19:45)· State v. Green, 1st DCA (warrantless search of pr...
2022-11-1441 minZone of RiskPIP, Insurance, and Standing - Oh My!It's time for PIP/insurance updates from October. Join me and Jennifer Opiola for a breakdown of the following cases:State Farm Mutual Automobile Insurance Company v. Athans Chiropractic, Inc.Air Quality Experts Corporation v. Family Security Insurance CompanyAllstate Fire and Casualty Insurance Company v. Tiffanie HoffmanListen. Enjoy. Subscribe. Share.This podcast is sponsored by Ascension Global Staffing & Executive Search. Whether you are looking to bring on new talent or are trying to find the best fit for your career, Ascension can help. Firms and companies that partner with Ascension can receive a 10% discount on Asc...
2022-11-0932 minZone of RiskCapital Punishment and the Nikolas Cruz CaseLast week, a jury in Broward County, Florida decided against the death penalty for Nikolas Cruz. The decision was met with outrage by many and relief by some. On this episode, Robert Dunham of the Death Penalty Information Center joins the podcast to discuss the facts and myths about the death penalty and to explain the Cruz verdict.Robert Dunham is the executive director of the Death Penalty Information Center. He is a nationally recognized expert on the death penalty with more than 25 years of experience as a capital litigator. The Death Penalty Information Center is a nati...
2022-10-191h 10Zone of RiskInsurance Law is Fun (PIP/Insurance update for Sept.)New co-host, Jennifer W. Opiola of Reynolds Parrino Shadwick, P.A., stops by to reviews important PIP and insurance opinions from September. You can also find Jennifer on LinkedIn.Allstate v. Jesse Lee Ray, (2d DCA).United Automobile Insurance Company v. Keith Buchalter, DC, (4th DCA). Chris Thompson, P.A. v. Geico Indemnity Company, (4th DCA) (July).Chris Thompson, P.A. v. Geico Indemnity Company, (4th DCA) (Sept.).Carglass, Inc., LLC v. Esurance Ins. Co., (5th DCA).Thanks to our sponsor, Ascension Global Staffing & Executive Search.Listen. Enjoy. Subscribe. Share.This podcast is fo...
2022-10-0523 minZone of RiskThe Super Supremes: A Blockbuster TermProfessor Harold J. Krent of the Chicago-Kent College of Law previews some of the blockbuster cases set to be heard by the United States Supreme Court during the 2022 term, which begins on October 3rd. The preview covers cases on affirmative action, voting rights (including the so-called independent state legislature doctrine), and the First Amendment. Professor Krent is the former dean of the Chicago-Kent College of Law, where he teaches in the areas of constitutional law, appellate courts, legislation, and administrative law. He has authored dozens of articles on these and other topics. His book, Presidential Powers, is a co...
2022-09-2655 minBetwetersSchoolfraude, wapengeweld en leven in een trip | Free Talk 1We bespreken vandaag een persoonlijk verhaal van Charif over schoolfraude, daarnaast ook het verhaal van een bizarre trip en meer!Support the showYoutube : https://www.youtube.com/@Betweterspodcast/videosInstagram : https://instagram.com/betweterspodcast Tiktok : https://www.tiktok.com/@betweterspodcast
2022-09-2555 minZone of RiskLesser is More (with FL Bar Pres. Gary Lesser)Robert welcomes Florida Bar President Gary Lesser for a discussion about the start of his term, access to justice, non-lawyer ownership, and a major mentoring initiative set to launch in 2023. Gary Lesser is the managing partner of Lesser, Lesser, Landy & Smith, PLLC. He served on the Florida Bar Board of Governors for 10 years, as the Chair of the Florida Bar Legislation Committee, and as the Chair of the Professional Ethics Committee. Follow him on Twitter @GarySLesserEsq & @FLBarPresident, on Facebook, and LinkedIn. He can be reached at glesser@lesserlawfirm.com or president@floridabar.org.Ques...
2022-09-2153 minZone of RiskProfessionalism CLE - for FREE!Florida Supreme Court Justice Jorge Labarga and board-certified attorney Scott N. Richardson join Robert to discuss professionalism. This episode was approved for 1 hour of FREE CLE credit. The CLE course code is revealed towards the end of the episode. The course title is "Professionalism and Your Reputation." Listen. Enjoy. Subscribe. Share. Follow Robert on Linkedin. 🔗 Connect with the Hosts:Joni Mosely – TheMoselyFirm.comSpencer Charif – CharifLaw.com
2022-09-1258 minZone of RiskFlorida Muzzles EducatorsOn this episode, I am joined by Leah Watson and Erika Sisneros Kelley of the ACLU to discuss a new Florida law (the Stop WOKE Act), which expands the definition of discrimination to include the teaching of concepts dealing with racism, sexism, diversity, equality, and inclusion.The complaint alleges violations of the First and Fourteenth Amendments. In a case challenging nearly identical language, a federal district judge recently concluded that the law unconstitutionally restricts speech based on viewpoint. Leah Watson is a Senior Staff Attorney with the ACLU’s Racial Justice Program, where she leads in...
2022-09-0827 minZone of RiskA Dime and Four Pennies (Aug. update)On this episode, Robert discusses attorneys' fees, incest (yuck!), scoresheets, and bad attorney behavior. Liberty Mutual v. Pan Am Diagnostic, 4th DCA (Aug. 17) (PIP; attorneys’ fees).State v. Hardley, 1st DCA (Aug. 24) (scoresheets; victim injury points). Miami Dade College v. Nader + Museu I, LLP, 3d DCA (Aug. 31) (public records; attorneys’ fees). Azran Miami v. U.S. Bank Trust, 3d DCA (Aug. 3) (attorney sanctions). If you spot an opinion that you think warrants discussion, please e-mail your summary and the opinion to summarilyp...
2022-09-0516 minZone of RiskThe Oxford Comma and FREE CLE!Want a FREE CLE credit? Listen to this episode!Appellate lawyer and certified grammar geek Lindsey Lawton joins Robert to discuss legal writing. The course, Legal Writing Made Better, covers writing structure, citations, intro paragraphs, and Lindsey's 10 top common grammar/punctuation mistakes.Lindsey is the founder of Lawton Law PLLC and of counsel at The Brownlee Law Firm. She clerked at the Florida Supreme Court for 4 years and at the First District Court of Appeal for a decade. Follow Lindsey on LinkedIn for grammar and punctation tips. It's fun!The course quali...
2022-08-2948 minZone of Risk(Fla. 6th DCA 2023)Florida is adding a District Court of Appeal. On January 1, 2023, the Sixth DCA will begin its work. Judge Meredith L. Sasso chairs the work group charged with getting the new court up and running, and she will take the reins as Chief Judge of the Sixth District. Judge Sasso joined Robert to discuss the details about the new court. Later this month, she will host a free CLE about the Sixth DCA presented by the Appellate Practice Section of The Florida Bar. You can register here. Enjoy. Subscribe. Share.Questions/comments: E-mail Robert at summa...
2022-08-1828 minZone of Risk(Thanos, J., dissenting)Constitutional adjudication is not a "Cosmic Battle" of good versus evil between Ironman and Thanos. "Judges are not superheroes," and constitutional cases should be decided dispassionately, with an appreciation that judges or justices who disagree usually do so in good faith and for valid legal reasons. But "some judges [and justices] have confused their role with that of the Avengers." When they disagree with their colleagues, they sometimes claim that the "other side" is acting in bad faith or in ways that are illegitimate. Such ad hominem attacks, while rhetorically appealing and perhaps true in some cases, do not bolst...
2022-08-0749 minZone of RiskCriminal Opinion Summaries (July 2022)On this episode, Robert provides a quick "summary" of some important criminal opinions for July 2022. You can listen to the civil opinion summaries for July on episode 24.Listen. Enjoy. Share.· Youngman v. State, 2d DCA (7/1/22) (Fourth Amendment (digital search)). · State v. Rojas, 3d DCA (7/13/22) (Double Jeopardy; motion to dismiss appeal).· U.S. v. Lewis, U.S.C.A. 11th Cir. (7/14/22) (Fourth Amendment; collateral estoppel) (issue of first impression). · King v. United States, U.S.C.A. 11th Cir. (7/28/22) (federal habeas; appeal waiver) (issue of first impression). 🔗 Connect with the Hosts:Joni Mose...
2022-08-0215 minZone of RiskCivil Opinion Summaries (July 2022)On this episode, Robert provides a quick "summary" of some important civil opinions for July 2022. You can listen to the criminal opinion summaries for July on episode 23.Listen. Enjoy. Share.· Perez v. Citizens, 3d DCA (7/6/22) (summary judgment; insurance claim; investigator affidavit).· Kassa v. Stephenson, U.S.C.A. 11th Cir. (7/18/22) (Section 1983; prosecutor liability; immunity). · Dacostagomez-Aguilar v. U.S. Attorney General, U.S.C.A. 11th Cir. (7/19/22) (immigration; removal proceedings).· USAA v. Mikrogiannakis, 5th DCA (7/22/22) (PIP; notice to insurer). 🔗 Connect with the Hosts:Joni Mosely – TheMoselyFirm.comSpencer Charif – CharifLa
2022-08-0215 minZone of RiskHey, it's Alex Su!Alex Su is one of the funniest creators on LinkedIn (LinkedIn said so!). Oh yeah, he is also Head of Community Development at Ironclad, a columnist for Above the Law, a former federal law clerk, and a former associate at Sullivan & Cromwell (fancy!). Alex joins me to chat about his recent social media series (The Harvard Kid), the problems with BigLaw, legal tech, and more.You can follow Alex and his hilarious hijinks on Twitter and Instagram (@heyitsalexsu), and on TikTok (@legaltechbro). Listen. Subscribe. Share. 🔗 Connect with the Hosts:Joni Mosely –...
2022-07-2939 minZone of RiskOriginalism on SteroidsOn this episode I am joined by Professor Daniel Farber to discuss originalism, its flaws, and the role "history and tradition" plays in constitutional adjudication. Professor Farber explains why "foundationalists," including originalists, frequently get constitutional interpretation wrong. In Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations, he and his co-author, Professor Suzanna Sherry, don't pull any punches: "We believe that foundationalism is doomed to failure no matter how brilliant the theorist or how important the foundational idea."In the book, the Professors critique the constitutional theories espoused by Robert Bork, Justice Antonin Scalia, Richard E...
2022-07-2543 minZone of RiskLemon, ShmemonOn this episode, I am joined by David Karp of Carlton Fields to discuss two major First Amendment opinions issued towards the end of the 2021 term: Carson v. Makin and Kennedy v. Bremerton School District.David is an appellate attorney who specializes in First Amendment and defamation law. He is chair of The Florida Bar Media and Communications Law Committee, and frequently writes and speaks about the First Amendment. He recently moderated a panel of judges and lawyers who spoke about this term’s First Amendment opinions at the Florida Bar Convention. Questions/comments: e-mail sum...
2022-07-1854 minZone of RiskThe Lying Defendant*This episode contains a discussion about rape.I cover 5 criminal opinions from June on this episode. The civil opinions from June are covered in episode 18.· State v. Burns, FLSC (June 2) (due process; lying under oath; sentencing); Davis v. Florida, FLSC (Dec. 2, 2021) (due process; allocution; sentencing).· Rhody v. McNeil, 1st DCA (June 29) (habeas; first appearance; pre-trial detention).· A.T. v. State, 4th DCA (June 22) (habeas; juvenile detention). · Thach v. State, FLSC (June 30) (amending criminal information mid-trial). Listen. Enjoy. Share. Questions/comments? E-mail me at summarilypod@gmail.com. ...
2022-07-1113 minZone of RiskBearing ArmsI cover 6 civil opinions from June on this episode. The criminal opinions from June are covered in episode 19.· NYSRPA v. Bruen, U.S.S.C. (June 23) (NY gun case).· Lewis v. Max Granite, 4th DCA (June 8) (small claims; damages).· Meisels v. Dobrofsky, 4th DCA (June 8) (summary judgment). · DecisionHR USA v. Mills & CoverageHR, 2d DCA (June 17); Karisma Hotels & Resorts Corp. v. Hoffman, 4th (June22) (Apex doctrine). · Johnson v. Arteaga-Martinez, U.S.S.C. (June 13) (immigration; bond pending removal).Listen. Enjoy. Share. 🔗 Connect with the Hosts:Joni Mosely – TheMoselyFirm.comS
2022-07-1116 minZone of RiskFlying SoloOn this episode, I speak with Joni Mosley, founder of The Mosley Firm, and Adam Kemper, founder of The Workplace Law Firm about going solo, being a good lawyer, and building a book of business. Joni has practiced law for 19 years and represents plaintiffs in personal injury, civil rights, wrongful death, negligent security, medical malpractice, accident, birth injury, discrimination, and sexual harassment cases.Adam began his legal career 12 years ago and represents businesses in employment law and commercial litigation matters. He specializes in consulting, compliance, and litigation. From baby lawyers to veteran litigators - a...
2022-07-0852 minZone of RiskThe end of Roe. Now what?In this episode, Alex Lohman and I break down Dobbs v. Jackson Women’s Health Organization—the Supreme Court case that overruled Roe v. Wade and Planned Parenthood v. Casey. We also explain what (if anything) Dobbs means from women in Florida. Florida opinions discussed:- In re T.W., 551 So. 2d 1186 (Fla. 1989).- Gainesville Woman Care, LLC v. State, 210 So. 3d 1243 (Fla. 2017).Robert can be reached at summarilypod@gmail.com.Alex can be reached at alexlohman@gmail.com. Subscribe. Enjoy. Share. 🔗 Connect with the Hosts:Joni Mo...
2022-06-281h 02Zone of RiskUNprecedented (© 2021 Patrick E. Quinlan)On this episode, I am joined by appellate attorneys Kimberly Kanoff Berman of Marshall Dennehey and Adam Richardson of Burlington Rockenbach to discuss a pesky problem pertaining to precedent. These are the cases we discuss:OLDER IS BETTER (the prior panel opinion controls):- Wood v. Fraser, 677 So. 2d 15 (Fla. 2d DCA 1996).- Zarba v. State, 993 So. 2d 1000 (Fla. 2d DCA 2007). - Fox v. Fox, 262 So. 3d 789 (Fla. 4th DCA 2018) (en banc). - Schofield v. Judd, 268 So. 3d 890 (Fla. 2d DCA 2019). - Wanless v. State, 271 So. 3d 1219 (Fla. 1st DCA 2019). ...
2022-06-2348 minZone of RiskFees for Fees?Welcome to episode 14 of Summarily—A Podcast for Busy Lawyers. Do "illegal aliens" have Second Amendment rights? Can a prevailing party recover attorneys' fees for litigating attorneys' fees? That and more on this episode. Opinion list:Samsung v. Fields, 1st DCA (May 18) (long-arm statute). Nazarova v. Nayfeld, 3d DCA (May 18) (fees for fees).Jones v. Ervolino, 3d DCA (May 18) (summary judgment). State v. Garcia, FLSC (May 18) (standard for sufficiency of the evidence).Shim v. Buechel, FLSC (May 26) (jurisdiction over foreign assets). NetChoice v. Florid...
2022-06-0113 minZone of RiskIntentionally Targeting Minority VotersWelcome to episode 13 of Summarily—A Podcast for Busy Lawyers. Last week the podcast crossed the 1000 download threshold. Thank you for your support! The 11th Circuit, citing to a Supreme Court "shadow docket" order that did not include a majority opinion, granted a stay in an important voting rights case. That opinion, and others, are covered in this episode. Here are the links to the opinions:Ford Motor Credit Company v. Parks, 1st DCA (May 11th) (evidence; legibility of documents).Commodore, Inc. v. Lloyd’s of London, 3d DCA (May 11th) (economic loss due to COVI...
2022-05-1716 minZone of RiskDraft Deficiencies (with Prof. Caroline Mala Corbin)Welcome to Summarily: A Podcast for Busy Lawyers. This is a follow-on episode to the emergency pod about the leak of the draft opinion in Dobbs v. Jackson Women’s Health Organization. On this episode, Robert is joined by Professor Caroline Mala Corbin of the University of Miami School of Law to discuss the substance of the opinion. She explains her views on the opinion’s flawed substantive due process analysis, why she believes the majority’s decision is driven in part by “intense hostility towards abortion,” and how religion plays a role in the outco...
2022-05-0956 minZone of RiskNo Ordinary NegligenceWelcome to SUMMARILY: A Podcast for Busy Lawyers. This was going to be big episode 10! But the emergency pod on the leaked Supreme Court draft opinion changed the plan. There will be more to come on Dobbs once the official opinion is released. Links to the opinions covered in this episode are listed below. Many thanks to my good friend Chris Clark of Pendulum Productions LLC for editing and producing this podcast. Questions/comments/want to sponsor this podcast? E-mail me at summarilypod@gmail.com.Thank you for listening! Enjo...
2022-05-0526 minZone of RiskRoe and Casey overturned?In this emergency episode of Summarily, I recapping the bombshell Politico report dealing with abortion. According to the report, a leaked, draft majority opinion, authored by Justice Samuel Alito, overturns Roe v. Wade and Planned Parenthood v. Casey. Tune in to hear a few excerpts from the draft opinion and for a brief explanation about what could be if the Court actually overturns Roe and Casey. We will be back later this week with updates from the Florida Supreme Court, the DCAs, and the U.S. 11th Circuit. Thank you for listening!R...
2022-05-0307 minZone of RiskDisney v Florida? (with Prof. Volokh)Good evening friends:Many are wondering whether Disney has a claim against Florida for retaliation under the First Amendment? On the latest episode of Summarily—a podcast for busy lawyers—First Amendment expert, Professor Eugene Volokh, explains retaliation theory. Professor Volokh teaches First Amendment at the UCLA School of Law and instructs law students in the School's First Amendment amicus brief clinic. Professor Volokh clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the 9th Circuit. He can read Professor Volokh's recent pieces about First Amendment retalia...
2022-04-2820 minZone of RiskCrisp & Punchy (with Ross Guberman)Welcome to Summarily: a podcast for busy lawyers. In this episode, Robert speaks with legal-writing extraordinaire, Ross Guberman, about legal writing, legal education, and the ways technology is changing the the practice of law. Ross has conducted thousands of top-rated writing and editing workshops on three continents for prominent firms, agencies, and courts. He is the president of Legal Writing Pro© and the creator of BriefCatch. BriefCatch is a Microsoft® Word add-in that offers editing suggestions that you can implement in real time. The program not only catches common mistakes but spots editing and advocacy oppo...
2022-04-161h 15Zone of RiskConcrete Injury?Welcome to SUMMARILY: a podcast for busy lawyers. In this episode, we review opinions from the Florida DCAs, the U.S. 11th Cir., and the Super Supremes. Get involved! Send your summary of a recent noteworthy opinion to summarilypod@gmail.com. If it fits the goals of the podcast, I may include it in a future episode along with a shout-out! Many thanks to Chris Clark of Pendulum Productions LLC for editing and producing this podcast. And thank YOU for listening. Enjoy, subscribe, share. Cardona vs. FirstBank Puerto Rico, 3d DCA...
2022-04-1126 minZone of RiskPart 2 with Judges Jordan & EmasIn this episode I discuss oral advocacy with Judge Adalberto Jordan of the U.S. Court of Appeals for the 11th Circuit and Judge Kevin Emas of Florida's Third District Court of Appeal. Subscribe, share, and enjoy!🔗 Connect with the Hosts:Joni Mosely – TheMoselyFirm.comSpencer Charif – CharifLaw.com
2022-04-0334 minZone of RiskRecklessly impugned and disparaged. . . .Welcome to SUMMARILY: a podcast for busy lawyers. In this episode, we review cases involving work comp, attorney misconduct, Arthur hearings, stand-your-ground immunity, and more. In the next episode, the Honorable Adalberto Jordan of the United States Court of Appeals for the 11th Circuit and the Honorable Kevin Emas of Florida's Third DCA join me to discuss effective oral advocacy. Subscribe and hit the notification button so you don’t miss it.Get involved! Send your summary of a recent noteworthy opinion to summarilypod@gmail.com. If it fits the goals of the podcast...
2022-03-2725 minZone of RiskPart 1 - Views from the Bench with Judges Adalberto Jordan and Kevin EmasIn part one of a two-part series on effective advocacy, I discuss writing and briefing with the Honorable Adalberto Jordan of the U.S. Court of Appeals for the 11th Circuit and the Honorable Kevin Emas of Florida's Third District Court of Appeal. In part 2 (which will drop on April 4th) we discuss oral advocacy. Hit the notification button so you don't miss upcoming episodes.Subscribe, share, and enjoy!🔗 Connect with the Hosts:Joni Mosely – TheMoselyFirm.comSpencer Charif – CharifLaw.com
2022-03-2138 minZone of RiskPorsche—there is no substitute.Welcome to SUMMARILY: a podcast for busy lawyers. In this episode, we review several civil and criminal cases from the first two weeks of March 2022. In the next episode, I sit down for the first of a two-part interview with the Honorable Adalberto Jordan of the United States Court of Appeals for the 11th Circuit and the Honorable Kevin Emas of Florida's Third District Court of Appeal to discuss effective appellate advocacy. The Judges provide insight into their respective courts and tips on how to be a better lawyer. Subscribe so you don’t miss it. ...
2022-03-1433 minZone of RiskLandmines and Time BombsWelcome to Summarily: Florida Appellate Updates—a podcast for busy lawyers. In this episode, we cover criminal and civil opinions from February 2022. Links to the cases are provided below. In the next episode, I sit down with the Honorable Adalberto Jordan of the United States Court of Appeals for the 11th Circuit and the Honorable Kevin Emas of the Third District Court of Appeal for a discussion about effective appellate advocacy. Don’t miss it. If you find a recent noteworthy opinion, e-mail your summary to summarilypod@gmail.com, and if it fits the go...
2022-03-0750 minZone of RiskYou got minimum contacts?Welcome to Summarily—a podcast for busy lawyers. In this episode we review several criminal and civil cases from the DCAs and the Florida Supreme Court from January 2022. Links to the cases are listed below. In the next episode we will review cases from February before moving to bi-weekly updates. If you come across a noteworthy opinion, e-mail a summary of the opinion to summarilypod@gmail.com. I may include your summary in a future episode—with attribution, of course! Nota bene: next month I will host two very well-respected appellate judges for a discussi...
2022-02-2836 min