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TFB - Daily News Summary - Mar 8, 2018

Thursday, March 8, 2018  

THE FLORIDA BAR

Daily News Summary

An electronic digest of media coverage of interest to members of The Florida Bar compiled each workday by the Public Information and Bar Services Department and distributed to the Board of Governors, section and committee chairs, voluntary bar presidents, members of the judiciary and others.

 

March 8, 2018

 

Judiciary

CANADY NAMED CHIEF JUSTICE-ELECT OF THE FLORIDA SUPREME COURT

Florida Supreme Court | Article | March 08, 2018

The Florida Supreme Court has named Justice Charles T. Canady as its next chief justice. He will preside over Florida’s state courts system for a term starting July 1 and lasting through June 30, 2020. He will succeed Justice Jorge Labarga, who will remain on the Court as a justice. Canady has served in all three branches of state government. He becomes the 11th person in state history to serve two nonconsecutive terms as Chief Justice and the first to do so since 1973.

 

Judiciary

SEVEN IN RUNNING TO REPLACE RETIRING JUDGE MANEY

Northwest Florida Daily News | Article | March 07, 2018

Seven local attorneys, including four employed by the First Judicial Circuit State Attorney’s Office, have applied to fill Okaloosa County Judge T. Patterson Maney’s seat when he steps down in late May after 30 years on the bench. The candidates will be interviewed on March 26 by members of the First Circuit Judicial Nominating Commission. Gov. Rick Scott will make the final decision on who will replace Maney.

Criminal Justice Issues

PRO BONO ATTORNEYS MAY SOON BE ABLE TO AVOID DISCLOSING EXPERT WITNESSES TO PROSECUTOR

WFSU | Article | March 07, 2018

Tallahassee defense attorney Michael Ufferman on Wednesday [March 7] argued before the Florida Supreme Court that the current rules requiring defense attorneys to disclose which experts they might call on in their cases, giving prosecutors access to the defense’s strategy, is a strategic disadvantage. Ufferman heads the Florida Association of Criminal Defense Lawyers.

Constitution Revision Commission

COMMENTARY: RESTORING FLORIDA’S PRIVACY RIGHT – PROPOSAL 22 STRIKES BLOW FOR DEMOCRACY

Naples Daily News | Column | March 07, 2018

Brian Scarnecchia, professor of jurisprudence at Ave Maria School of Law, writes: “Among this year’s [Constitution Revision Commission] proposals is Proposal 22, which would prevent the Supreme Court of Florida from reading into the word “privacy” more than was originally intended. . . Proposal 22 would refocus Florida’s judiciary on the needs of private citizens for informational privacy without affecting behavioral privacy addressed by other state and federal laws. . . . Members of the CRC need to strike a blow for democracy and restore trust in representative government and the goodness of our laws by placing Proposal 22 on the ballot.”

 

Civil Justice Issues

TOBACCO COMPANIES LOSE APPEAL IN ‘ENGLE’ CASE

WLRN | Article | March 08, 2018

The 11th U.S. Circuit Court of Appeals on Wednesday [March 7] rejected arguments of tobacco companies and upheld a $7.5 million verdict in favor of a longtime smoker who developed chronic obstructive pulmonary disease. The ruling came in what is known as an “Engle progeny case” — one of thousands of lawsuits filed in Florida against tobacco companies. The appeals court upheld a district judge’s refusal to reduce the compensatory-damage award, in part because the jury found intentional acts of wrongdoing by the tobacco companies.

 

Civil Justice Issues

FORECLOSURE DEFENSE LAWYER WINS CASE BUT CAN’T COLLECT FEES

Daily Business Review | Article | March 07, 2018

The state’s Fourth District Court of Appeal on Wednesday [March 7] issued a single-paragraph decision reversing an attorney fees award in a case that turned on standing, or legal grounds to participate in a lawsuit. The order was the latest of at least three rulings that allowed borrowers to prevail over lenders, but not collect attorney fees that would typically go to the prevailing party. The case pitted homeowner Joselito Martins against plaintiff Nationstar Mortgage LLC. Now, some foreclosure attorneys are saying the recent appellate rulings are a strategy from courts to discourage lawyers from representing homeowners who defaulted on mortgages. The issue is now before the Florida Supreme Court.

 


more Calendar

7/12/2018
Real Property Section Meeting

8/22/2018
Labor & Employment Section Meeting

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