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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 min
Zone of RiskWho doesn't love fried chicken?Lindsey, Joni, and Robert rundown several appellate opinions from October 2024.Contact to get on the Guardian ad Litem pro bono mailing list: Samuel Alexander samuel@alexanderappeals.com.In re: Amends. to R. Regulating Fla. Bar 6-10.3, FSC (CLE credit for pro bono hours).McLane Foodservice Inc., v. Wool, 3d DCA (punitive damages).BAM Trading Servs., Inc. v. Florida, Off. Fin. Regul., 1st DCA (en banc) (prior panel rule; judicial review of emergency suspension orders). Wheeler v. Dovey, 2d DCA (attorneys’ fees).Ragan v. State, 3d DCA (single-homicide rule; double jeopardy). Sills v. Motor Care Concepts, II, 6th D...2024-12-031h 02Zone of RiskA Chat with FL Bar President Roland Sanchez-Medina, Jr.Joni and Robert were joined by Florida Bar President Roland Sanchez-Medina, Jr. They discussed President Sanchez-Medina's path to the law, his vision for the Bar, and what he is doing to make the practice of law "kinder and gentler." Thank You SponsorsThis podcast is supported by Stafi. Stafi provides trained, vetted, and experienced virtual legal assistants and paralegals who will take routine tasks off your plate so you can focus on growing your firm and maximizing revenue. SAVE $500 off your first month with Stafi by using referral code Summarily when y...2024-11-251h 00Zone of RiskBeans? What Kinda Beans?Robert, Lindsey, and Joni recap several recent DCA opinions.Citizens Prop. Ins. Corp. v. Walden, 3DCA (first impression, presuit under section 627.70125, certiorari).State v. Myers, 3DCA (Miranda).Pacheco v. Jinete, 3d DCA (residency requirement for elected office). Beans v. Beans, 1st DCA (modification to alimony).Julia v. Ramos-Baez, 6DCA (attorneys’ fees under 61.16) (creating split among DCAs). Cowins v. State, 4th DCA (PTSD; self-defense).Thank You SponsorsThis podcast is supported by Stafi. Stafi provides trained, vetted, and experienced virtual legal assistants and paralegals who will take rou...2024-10-1547 minZone of RiskFREE CLE: The Psychology of Jury SelectionJury selection is the most important part of a trial. Many cases are won and lost during jury selection. On this episode, Robert and special guest host Joni Mosely spoke with Dr. Melissa Pigott about the psychology of jury selection and why it is important to understand prospective jurors’ values, attitudes, and beliefs. This episode is approved by The Florida Bar for 1 hour of general CLE credit. The course number is provided towards the end of the episode. Dr. Pigott is a nationally recognized social psychologist and is considered one of the foremost experts in ju...2024-06-2459 minZone of RiskHow do you pronounce certiorari?Robert and Lindsey review opinions from September. CPPB, LLC v. Taurus Apopka City Ctr., LLC, 6th DCA (denial of motion to dissolve lis pendens).Greathouse v. State, 2d DCA (preservation of cause challenge).Collins v. State, 5th DCA (evidentiary hearing; newly discovered evidence).Gurolla v. State, 5th DCA (discovery violation).State v. Victorino and Hunter, 5th DCA (applicability of amended death penalty statute).In Re: Jane Doe, 5th (judicial waiver where a minor seeks abortion).T.G. United, Inc. v. AADD Properties, LLC, 5th DCA (eviction proceedings; court registry). City o...2023-10-2428 minZone of RiskBest Practices with Chief Judge Jack TuterWhat do judges expect from lawyers? How can lawyers be more effective at hearings and in motion practice? What frustrates judges most? Chief Judge Jack Tuter of the 17th Judicial Circuit joined me to discuss best practices. His valuable insight is something every litigator should hear. Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp. Thank you for listening. Please share the podcast with your fr...2023-10-1753 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 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 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 03