New Florida Legislative attack on Medical Malpractice Claims

February 15, 2012

The Florida Legislature has embraced many attempts in the past to unduly restrict the rights of potential claimants in medical malpractice cases. Caps on damages, a worthless pre-suit screening process and an abbreviated Statute of Limitations are but a few that have been successfully enacted into Florida state law. During its current session, the Senate […]

Florida Drug Laws Ruled Unconstitutional

July 29, 2011

On July 28,2011, Federal Judge Mary Scriven of the Middle District of Florida ruled, in the case of Shelton v. Florida Department of Corrections, that all Florida state laws prohibiting the sale use and/or possession of illegal drugs per Florida Statute 893 are unconstitutional. Crimes are classified in two basic categories: “general” intent and “specific” […]

Florida’s Dangerous Instrumentality Doctrine and the Graves Amendment (or the “Federal Car Rental Business Relief” Act )

March 21, 2011

As I discussed in an earlier post, motor vehicles have previously been deemed to be a “dangerous instrumentality” by numerous previous rulings of the Florida courts. As as result, I issued the warning that private automobile owners must be particularly careful when entrusting their vehicle to another driver, in that the owner can be held […]

Motorcycle insurance in Florida: Not Required, But Don’t Hit the Road Without it

February 21, 2011

Insurance coverage for motorcycles is not required in Florida but strongly advised by St. Petersburg personal injury attorney Robert E. Heyman.

“Protective Sweeps” – Beware the Search in Disguise

November 29, 2010

Recently, one of my clients called me after she had been arrested for possession of a controlled substance which was discovered in her house by police officers who gained entry and subsequently searched her home under the guise of conducting a “protective sweep”. A “protective sweep” is narrowly defined as a cursory search of a […]