Shows
Summarily - A Podcast for Busy LawyersGoodbyeHey folks. Robert here. I have decided to step away from the podcast for an indeterminate period of time. Thank you for listening and for your support. 2025-04-0100 minSummarily - A Podcast for Busy LawyersCapital Punishment and Immigration: The word "shall" is a problem.Melanie Kalmanson, a partner at Quarlers & Brady, joined Robert to discuss a new Florida statute that requires judges to impose a sentence of death if an "unauthorized alien" commits a capital offense. Melanie and Robert examine potential constitutional issues the law faces under current Supreme Court precedent and how the law will be challenging for trial courts to implement. 921.1426 Sentence of death for capital offense committed by unauthorized alien. —Notwithstanding any provision of law to the contrary, the court shall sentence a defendant who is an unauthorized alien and who is convicted or adjudicated guilty of a cap...2025-02-2831 minSummarily - A Podcast for Busy LawyersThe Great Debate: Tanenbaum vs. ScavoneOn February 6, Robert debated Judge Adam Tanenbaum (First DCA) about whether the prior-panel rule applies in the DCAs. The rule requires 3-judge appellate panels to follow prior-panel precedent unless the court overrules the prior precedent en banc or the precedent has been overruled by the Florida Supreme Court. Robert is a proponent of the rule, which he argues flows from Florida Rule of Appellate Procedure 9.331 (the en banc rule) and is supported by Florida Supreme Court precedent. Judge Tanenbaum is an opponent of the rule, which he argues has no basis in law and is co...2025-02-171h 26Summarily - A Podcast for Busy LawyersFedSoc Kerfuffle and Clerkship TransparencyAliza Shatzman joined Robert on this episode. Aliza is the President and Founder of the Legal Accountability Project. The Project’s mission is to "ensure law clerks have positive clerkship experiences, while extending support and resources to those who do not." Aliza shared her experience as a law clerk and explained the Project’s great resources for future law clerks. She and Robert also discussed the kerfuffle at a recent federalist society event where two judges from the Fifth Circuit and Professor Steve Vladeck went a few rounds on judicial independence.Follow Aliza on LinkedIn. Watch the FedS...2024-12-1744 minSummarily - A Podcast for Busy LawyersWho 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 02Summarily - A Podcast for Busy LawyersA 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 00Summarily - A Podcast for Busy LawyersSpecial Edition: Controversy Surrounding Third DCA JudgeOn November 11, 2024, the Miami Herald reported, "Miami Judge's Venomous Texts Come Back to Bite her in Crumbling Death Penalty Case." The article leads of: "An appellate judge at the center of one of Miami’s biggest criminal cases is facing intense scrutiny after text messages were released showing her pressuring Miami-Dade State Attorney Katherine Fernandez Rundle about how to handle the case, denigrating defense attorneys and badmouthing local judges."Pulitzer Prize winning investigative journalist, Brittany Wallman, who co-authored the article with Charles Rabin for the Herald, joined Robert to discuss the backstory of the capital murder case an...2024-11-1431 minSummarily - A Podcast for Busy LawyersA Lawsuit over $104.55 and Jennifer's FarewellJennifer Opinion is leaving the podcast (hopefully not forever) to attend to family matters. Before she signs off, she shares her expertise about PIP and insurance law. She and Robert discusses several DCA opinions from August, September, and October.We thank Jen for her commitment to the podcast and to the members of the Florida Bar. Progressive Select Ins. Co. v. Hilchey, 2d DCA (jurisdiction to decide dec actions).Fojon v. Ascendant Com. Ins. Co., 3d DCA (policy defenses vs. coverage defenses).Citizens Prop. Ins. Corp. v. Walden, 3d DCA (pre-suit notice in...2024-11-1141 minSummarily - A Podcast for Busy LawyersTerm 2024 PreviewProfessor Harold Krent joined Robert to discuss major cases at the U.S. Supreme Court. Garland v. VanDerStok, (ghost guns) (oral argument).E.M.D. Sales, Inc. v. Carrera, (burden of proof in FLSA litigation).Ames v. Ohio Dep't of Youth Servs., ("majority" plaintiffs burden of proof under Title VII).United States v. Skrmetti, (medical treatment for transgender children).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...2024-10-2330 minSummarily - A Podcast for Busy LawyersBeans? 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 minSummarily - A Podcast for Busy LawyersPIP Law and MoreJennifer joined Robert to run throw opinions from June and July. Health and Wellness Evolution Co. V. Infinity Auto Ins. Co., 3d DCA (EUO; hearsay).Crown Asset Mgmt., LLC v. Bribiesca, 3d DCA (small-claims rules).Sch. Bd. of Broward Cnty., FL. v. State Farm Mutual Auto Ins. Co., 4th DCA (reimbursement under section 627.7405).Auto Club Ins. Co. of FL. v. Express Care of Belleview, LLC (Eileen Fonti), 5th DCA; Auto Club Ins. Co. of FL. v. Express Care of Belleview, LLC (Helmut J. Meven), 5th DCA (fee schedule). USAA Cas. Ins. Co. v. Emergency Res. Grp., et al., 5th...2024-09-0529 minSummarily - A Podcast for Busy LawyersGuns and Shifting OriginalismProfessor Harold Krent of the Chicago-Kent College of Law sat down with Robert to discuss the Court's decisions in United States v. Rahimi and Garland v. Cargill.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 you schedule your free initial consultation. Go to getstafi.com/schedule-a-call, select...2024-08-1428 minSummarily - A Podcast for Busy LawyersCaselaw Update and Lindsey's Big NewsRobert and Lindsey recap opinions from the DCAs, the Florida Supreme Court, and the 11th Circuit.In re: Amends. to Fla. R. Civ. P 1.110.In re: Amends. to Fla. R. Civ. P. 1.200, 1.201, 1.280, 1.440, & 1.460.In re: Amends to Fla. R. Civ. P. 1.510 and New Rule 1.202.In re: Amends. to Fla. R. App. P. 9.130.BAM Trading Servs., Inc. v. Florida Off. of Fin. Regul., 1st DCA (intra-district conflict); see also A Not-So-Little Problem with Precedent: Intra-District Conflict in Florida District Courts of Appeal, Robert Scavone Jr., et al. Ripple v. CBS Corp., FSC (surviving spouse under Florida’s wrongful death act).Har...2024-08-0731 minSummarily - A Podcast for Busy LawyersCampaign Finance: Where Will Joe's Dough Go?Robert sat down with Erin Chlopak, Senior Director of Campaign Finance at the Campaign Legal Center, to set the record straight about whether Vice President Harris will be able to use funds raised by the Biden/Harris campaign. Erin also explains why republican threats to sue to prevent VP Harris from using the funds are ill-conceived. Before joining CLC, Erin spent nearly a decade working on a wide range of campaign finance issues in the Federal Election Commission’s Office of General Counsel. From 2017 to 2018, Erin led the FEC’s Policy Division, overseeing all legal recommendations regarding FEC...2024-07-2529 minSummarily - A Podcast for Busy LawyersAdmin Law AvalancheRobert discussed three important Supreme Court opinions handed down in late June and early July with administrative law experts Professor Harold Krent of the Chicago Kent College of Law, and Professor Lisa Heinzerling, the Justice William J. Brennen Jr. Professor of Law at Georgetown Law. Hal and Lisa explain how Loper Bright v. Raimondo, SEC v. Jarkesy, and Corner Post v. Board of Governs are likely to change the practice of administrative law.Our SponsorsThis podcast is supported by Stafi. Stafi provides trained, vetted, and experienced virtual legal assistants and...2024-07-1651 minSummarily - A Podcast for Busy LawyersPIP: The Florida Supreme Court Has RuledCo-host Jennifer Opiola joined Robert to review recent PIP and insurance law opinions issued by the Florida DCAs.Allstate Ins. Co. v. Revival Chiropractic, LLC., FSC (PIP fee schedule); see also Progressive American Ins. Co., v. Express Care of Belleview, 5th DCA). Finell v. Florida Ins. Guar. Ass'n, Inc., 4th DCA (EUOs).HCA Health Servs. of Fla., Inc. v. Jo Ann Berlin, M.D., 4th DCA (jurisdiction; fee hearings).Lassiter v. Citizens Prop. Ins. Co., 2d DCA (SMJ; dueling affidavits). Hamilton v. Citizens Prop. Ins. Corp., 3d...2024-07-1142 minSummarily - A Podcast for Busy LawyersFREE 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 minSummarily - A Podcast for Busy LawyersDobbs' Impact on Women FloridaRobert spoke with Professor Courtney Cahill about the recent Florida Supreme Court opinion in Planned Parenthood v. Florida. The court held that the Florida Constitution's privacy provision does not protect a woman's right to have an abortion. The U.S. Supreme Court's opinion in Dobbs v. Jackson Women's Health Organization played a major role in the Florida Supreme Court's analysis. Professor Cahill is the Chancellor’s Professor of Law and the University of California, Irvine School of Law. Professor Cahill is a scholar of constitutional law, anti-discrimination law, sex equality, and LGBTQ equality. Her forthcoming projects include a s...2024-06-1329 minSummarily - A Podcast for Busy LawyersOpinion Update: Stop Making Improper Comments!Robert and Lindsey break down a bunch of appellate opinions. The criminal opinions begin at 25:45. CIVIL OPINIONSNeighborhood Restaurant Partners v. Wolff, 5th DCA (improper comment; mistrial; bar referral).Haslauer v. Haslauer, 1st DCA (61.16 fees).The Walsh Grp. v. Zion Jacksonville, 5th DCA (striking supplemental authority).Guardianship of Jacquelyn Anne Faircloth v. Main St. Ent., Inc, FSC (comparative fault; dram-shop law). Dunmar Est. Homeowner’s Ass'n v. Rembert, 5th DCA (compliance with statutory requirement to mediate before suit; certiorari). ...2024-06-0444 minSummarily - A Podcast for Busy LawyersSpecial Edition: Charging the Jury in New York v. TrumpThe testimony is over in the NY criminal trial against defendant Trump. The jury will hear closing arguments next week and begin deliberations. But questions remain. What will the jury be asked to decide? Will the verdict form include the lesser-include offense of falsifying business records in the second degree? Both sides have a strategic decision to make. Robert sat down the retired NY Supreme Court Justice Ethan Greenberg to talk about these and other unresolved legal issues in the case. Ethan is a shareholder at Anderson Kill in New York, where he co-chairs the firm’s Go...2024-05-2331 minSummarily - A Podcast for Busy LawyersDelay, Delay, Delay: Case No. 23-CR-80101-CANNONRobert had the pleasure of sitting down with the estimable Roger Parloff to discuss the unending delays in the classified documents case against the former president. Roger and Robert also talked about the latest in the Manhattan case against defendant Trump.Roger is an award-winning journalist and a senior editor of Lawfare. He has his fingers on the pulse of the classified documents case and he, along with the rest of the team at Lawfare, have a series of ongoing episodes called Trump’s Trials and Tribulations. In the N.Y. Dispatch episodes, Lawfare covers the day-to-day ha...2024-05-2044 minSummarily - A Podcast for Busy LawyersWill the Supreme Court Crown a King?On April 24th, the Supreme Court heard oral argument in United States v. Trump. The questions presented is "whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office."Professor Harold Krent of the Chicago-Kent College of Law joined Robert to discuss the oral argument and what the justices were interested in. Professor Krent's expertise includes appellate courts; constitutional law; courts and judges; and the U.S. Supreme Court. OA audio and transcript. Thank you...2024-05-0942 minSummarily - A Podcast for Busy LawyersThe Most Powerful Branch and Faux OriginalismHow did the Supreme Court become so powerful? Dr. Ben Johnson contends that a "little-known rule change" and the Court's unkept promise in 1928 are to blame.Dr. Johnson is an associate professor of law at the University of Florida Levin College of Law. He sat down with Robert to talk about the Court's question-selection process and how being able to "cherry-pick" legal questions has "transform[ed] the Court from a tribunal deciding cases into a super-legislator with little accountability."Dr. Johnson has written on this topic in the Columbia Law Review and for The Atlantic.2024-05-0155 minSummarily - A Podcast for Busy LawyersPIP Update: The Retroactivity DebateCo-host Jennifer Opiola joined Robert to review PIP and insurance opinions issued by the Florida DCAs in March.Universal Prop. & Cas. Ins. Co., v. laguna Riviera Condo. Ass’n, Inc., 2D DCA (retroactivity of § 627.714(4)). Citizens Prop. Ins. Corp. v. Avril and Romain, 4th DCA (deductible as an affirmative defense). Arway v. Progressive Amer. Ins. Co., 6th DCA (statute of limitations defeated by policy language). Envision Physical Therapy, Inc. v. Geico Gen. Ins. Co., 3d DCA (exhaustion and bad faith). Summarily is sponsored by BetterHelp and 2024-04-1729 minSummarily - A Podcast for Busy LawyersThe "Don't Say Gay" SettlementEquality Florida sued Governor DeSantis et al., challenging H.B. 1557 (the "Don't Say Gay" law). The parties recently settled, and Florida agreed to limit the law's scope in significant ways.Robert is joined by John C. Quinn, a partner at Kaplan Hecker and Fink, and D. Brandon Trice, counsel at Kaplan Hecker and Fink. John and Brandon were part of a team of lawyers, led by Robbie Kaplan, who, along with the National Center for Lesbian Rights, represented Equality Florida. Documents: Second Amended ComplaintOrder Dismissing Second Amended ComplaintSettlement AgreementSummarily is sponsored by...2024-04-1041 minSummarily - A Podcast for Busy LawyersPIP and Ins. Update - All Kinds of ConflictCo-host Jennifer Opiola joined Robert to review PIP and insurance opinions issued in February, including one dealing with inconsistent verdicts and another about the retroactivity of the pre-suit demand statute under chapter 627.Universal Prop. & Cas. Ins. Co. v. Tsirnikas, 2d DCA (inconsistent verdicts); see also Chiarella v. Ford, 4th DCA.Citizens Prop. Ins. Corp. v. Peipert, 3d DCA (entitlement to prejudgment interest).Cantens v. Certain Underwriters at Lloyd's London, 3d DCA (retroactivity of pre-suit demand statute under chapter 627) (certifying conflict with the 6th DCA in Hughes v. Universal Prop. & Cas. Ins. Co., which certified conflict with the 4th...2024-03-2029 minSummarily - A Podcast for Busy LawyersNew Rule 1.041 & January OpinionsAre you ready for new rule 1.041 (Notice of Limited Appearance), effective April 1? Tune into this episode to learn what you need to know. Robert and Lindsey also cover several opinions from January.In re: Jane Doe 23-B, 1st DCA (judicial waiver).Tanner v. Dashner, 4th DCA (single-homicide rule; ex post facto).Nelson v. State, 5th DCA (judge's comments at sentencing).Tesla v. Monserratt, 4th DCA (apex doctrine).John Knox Village of Cent. Fla., Inc. v. Est. of Alma Jane Lawrence, 5th DCA (amending to add punitive damages). Zimmerman v. Florida Gaming Control Commission, 5th DCA (agency's obligation to a...2024-02-2932 minSummarily - A Podcast for Busy LawyersJanuary PIP UpdateCo-host Jennifer Opiola joined Robert to review PIP opinions issued in January.United Auto. Ins. Co. v. ISO Diagnostic Testing, 4th DCA (fee schedule).Universal Prop. & Cas. Ins. Co. v. Andre, 4th DCA (setting aside default). State Farm Mut. Auto. Ins. Co. v. Matthews, 5th DCA (prejudicial statements and right to fair trial).Sulzer v. Amer. Integrity Ins. Co. of Fla., 6th DCA (retroactivity of pre-suit notice statute; certifying conflict with 4th DCA).Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. C...2024-02-1524 minSummarily - A Podcast for Busy LawyersCitizen TrumpOn Tuesday, February 6th, the DC Circuit Court of Appeals issued its opinion in United States v. Trump and held that the former president is not immune from criminal prosecution for alleged crimes he committed while in office. Robert discussed the opinion with constitutional law professor Harold Krent of the Chicago-Kent College of Law. 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. Tha...2024-02-0827 minSummarily - A Podcast for Busy LawyersIs Your Firm Ready for AI?Professor Joe Regalia recently joined Robert to discuss how law firms can use generative AI to create and maximize efficiency and what law firms should do to prepare for the future with generative AI. Joe is an associate professor of law at UNLV’s William S. Boyd School of Law where he teaches legal writing and the intersection between the law and technology. He also leads the training and development team at Write.Law, an online training solution for honing skills like legal writing and legal technology (including generative AI). Joe is a nationally recognized legal writing and...2024-02-0148 minSummarily - A Podcast for Busy LawyersPIPpy New YearCo-host Jennifer Opiola joined Robert to review a handful of PIP and insurance opinions issued in December. Advance Mold Servs., Inc. v. Universal N. Am. Ins., Co., 3d DCA (dismissal with prejudice). Universal Ins. Co. of N. Am. v. Sunset 102 Off. Park Condo. Ass’n, Inc., 3d DCA (untimely motion to amend affirmative defenses; sanctions for spoliation; motion for mistrial).People’s Tr. Ins. Co. v. Diaz, 5th DCA (policy endorsements) (creating uniformity with the 3d, 4th, and 6th). State Farm Ins. Co. v. James, 5th DCA (policy interpretation). Summarily is sponsored by BetterHelp an...2024-01-2528 minSummarily - A Podcast for Busy LawyersDecember Caselaw UpdatesGoodbye 2023. Hello 2024. Robert and Lindsey rundown a handful of opinions and appellate rule changes from December.D.A.N. v. State, 1st DCA (attorney sanctions). Lapham v. Walgreens, 11th Cir (retaliation claims under the FMLA and Florida’s private sector whistleblowers act). Orozco v. Rodriguez, 6th DCA (standing to seek paternity determination). Seadler v. Marina Bay Resort Condo. Assoc., Inc., FSC (relief from erroneous denial of cause challenge). McGothin v. McDonald, 5th DCA (claim for punitive damages). Ramos v. Steak N Shake, Inc., 2d DCA (pleading standard under FCRA). Florida BC Holdi...2024-01-1122 minSummarily - A Podcast for Busy Lawyers(FREE CLE) Overidentification and Your Mental HealthIn April 2023, Dr. Ellen Hendriksen joined Robert to discuss Imposter Syndrome and how it can negatively affect your mental health. Dr. Hendriksen is back to kick of the new year. She sat down with Robert to talk about how overidentification and perfectionism can diminish your self-worth. Dr. Hendriksen is a clinical psychologist. She serves on the faculty at Boston University's Center for Anxiety and Related Disorders (CARD) and is the author of How to be Yourself: Quiet Your Inner Critic and Rise Above Social Anxiety. She earned her Ph.D. at UCLA and completed her training at...2024-01-0452 minSummarily - A Podcast for Busy LawyersA Blast from the PastHappy Holidays!In March 2022, 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 sat down with Robert to talk about legal writing. They gave their views from the bench on what makes legal writing good (and not so good).Whether you are new to Summarily or an avid listener, you do not want to miss what the judges have to say. Summarily will be back with new episodes in 2024! Stay tuned. Summarily is sponsored by...2023-12-2739 minSummarily - A Podcast for Busy LawyersCatching Up on Caselaw UpdatesRobert and Lindsey play catchup for October and November. Kenney v. State, 2d DCA (preservation; impeachment).Baxter v. State, 5th DCA (4th Amendment). See Owens v. State, 317 So. 3d 1218 (Fla. 2d DCA 2021) (“regardless of whether the smell of marijuana is indistinguishable from that of hemp, the smell . . . from a vehicle continues to provide probable cause for a warrantless search of the vehicle”).Freeman v. State, 1st DCA (stand your ground).Parson v. State, 1st DCA (ordering trial court to issue order to explain reasoning). Rivera v. State, 4th DCA (“pre-trying”). Normandy Ins. Co. v. Bouayad, 1st DCA (prior panel rule...2023-12-2138 minSummarily - A Podcast for Busy LawyersNovember Update: PIP & MoreCo-host, Jennifer Opiola, joined Robert to review a handful of opinions from November dealing with a variety of important issues: Homeowners Choice Prop. & Cas. Ins. Co., Inc. v. Thompson, 1st DCA (discovery).Hughes v. Univ. Prop. & Cas. Ins. Co., 6th DCA (pre-suit notice; substance vs. procedure).People’s Tr. Ins. Co. v. Gunsser, 6th DCA (policy exclusions). 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. Than...2023-12-1224 minSummarily - A Podcast for Busy LawyersCode of ShouldsRichard W. Painter joined Robert to discuss the U.S. Supreme Court's new code of conduct, which outlines how the justices "should" conduct themselves.Richard served as chief ethics lawyer to President George W. Bush and as Associate Counsel in the White House Counsel’s Office during the Bush administration. He has testified many times before Congress on issues related to ethics in government. His forthcoming article SCOTUS House: Can a Supreme Court Ethics Lawyer and Inspector General Help Get this Fraternity under Control examines recent ethics scandals at the high court and outlines how a supreme co...2023-11-2837 minSummarily - A Podcast for Busy LawyersThe Multitasking Myth and Our Diminished Attention SpanThe data says the average attention span went from two-a-half minutes in 2003 to forty-seconds by 2020. Diminished attention is particular problematic for lawyers who are bombarded with emails, texts, calls, and social media alerts while trying to work. As our attention span diminishes so, too, does productivity and happiness. Dr. Gloria Mark joined Robert to talk about our cognitive bandwidth, how we get distracted, what social media is doing to our attention span, and steps lawyers can take to help limit distractions. You can register for Dr. Mark's substack, The Future of Attention, here. Dr. Mark is...2023-11-1453 minSummarily - A Podcast for Busy LawyersHave You Misplaced Your Modifier?Co-host Jennifer Opiola joined Robert to review an important pre-suit demand case, and a cautionary tale about the benefits of motions in limine.Citizens Prop. Ins. v. Salazar, 3d DCA (motions in limine).Mercury Indem. Co. of Am. v. Cent. Fla. Med. & Chiropractic Ctr., 5th DCA (pre-suit demand letters; safe harbor).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 s...2023-11-0738 minSummarily - A Podcast for Busy LawyersDeposing Experts with Sia Baker-Barnes (Free CLE)Litigation often involves expert witnesses. Indeed, many cases rise and fall based on expert testimony. So nailing down what an expert will and will not testify about is critical to success. But deposing experts can be challenging.On this episode, Robert sat down with Sia Baker-Barnes to discuss deposing expert witnesses. Sia shared her advice on how to prepare for expert depositions and how to conduct depositions with an eye towards cross-examination. This episode has been approved by The Florida Bar for 1 hour of CLE credit. The course number is provided towards the end of...2023-10-3159 minSummarily - A Podcast for Busy LawyersHow 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 minSummarily - A Podcast for Busy LawyersPIP 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 minSummarily - A Podcast for Busy LawyersSupreme 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 minSummarily - A Podcast for Busy LawyersFREE 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 minSummarily - A Podcast for Busy LawyersA 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 minSummarily - A Podcast for Busy LawyersCaselaw 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 minSummarily - A Podcast for Busy LawyersPIP 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 minSummarily - A Podcast for Busy LawyersFixing 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 minSummarily - A Podcast for Busy LawyersTreating 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 minSummarily - A Podcast for Busy LawyersChatting 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 minSummarily - A Podcast for Busy LawyersUS 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 minSummarily - A Podcast for Busy LawyersJuly 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 minSummarily - A Podcast for Busy LawyersCLE 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 minSummarily - A Podcast for Busy LawyersJune 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 minSummarily - A Podcast for Busy LawyersPIP 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 minSummarily - A Podcast for Busy LawyersGoing 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 minSummarily - A Podcast for Busy LawyersSCOTUS 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 minSummarily - A Podcast for Busy LawyersCollaborative 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 minSummarily - A Podcast for Busy LawyersVenue, 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 minSummarily - A Podcast for Busy LawyersPreservation 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 minSummarily - A Podcast for Busy LawyersUnited 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 minSummarily - A Podcast for Busy LawyersEmpirical 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 minSummarily - A Podcast for Busy LawyersChatGPT & 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 minSummarily - A Podcast for Busy LawyersHow 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 minSummarily - A Podcast for Busy LawyersJudicial 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 minSummarily - A Podcast for Busy LawyersThe 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 minSummarily - A Podcast for Busy LawyersStanford 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 minSummarily - A Podcast for Busy LawyersFlorida "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 minSummarily - A Podcast for Busy LawyersFlorida: 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 min
Legally ExhaustedLegally Exhausted EP 22 - (with Attorney Robert Scavone)Abe sits down with Attorney Robert Scavone and discuss starting work as a lawyer. They mention scholarships and donations to the FIU law school and the growing need for people in the legal field. Robert mentions his podcast 'Summarily' which can be found below. Guest:Robert ScavoneFollow on IG:@LawyerAbe@RobertScavoneJr@OvadiaLawGroupFollow on TikTok:@OvadiaLawGroupWebsite:https://www.WeSetTheStandards.comhttps://Summarily.Buzzsprout.com/2023-02-211h 06Summarily - A Podcast for Busy LawyersPIP 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 minSummarily - A Podcast for Busy LawyersSecond 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 minSummarily - A Podcast for Busy LawyersFive 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