» Florida

Austin, TX (Law Firm Newswire) December 18, 2014 – A Florida Appeals Court decision may affect who accesses cellphone data after a fatal accident. The appeals court’s ruling arises from the death of Tabitha Antico in 2012. Antico, who was 18 at the time of the accident, died after colliding with a truck. Her estate filed a wrongful death lawsuit against the trucking company and the truck’s driver. Sindt Trucking Inc. and James Williams were the named defendants in the action. Initially, a circuit court justice agreed that the defendants could hire an expert to mine Antico’s cellphone data to […]


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Tampa, FL (Law Firm Newswire) December 17, 2014 – Two certified nursing assistants employed by a nursing home in Winter Haven, Florida, have been arrested after a hidden camera recorded them apparently abusing an elderly Alzheimer’s patient. “Abuse and neglect are significant problems in nursing homes,” said Robert Joyce, a Tampa attorney who handles cases of nursing home abuse and neglect. “If these allegations are true, then this is a particularly outrageous case.” Dale Wilson’s father is 76 years old and suffers from Alzheimer’s disease. Dale and his wife Debbie became suspicious when they noticed that his father had unexplained […]


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Austin, TX (Law Firm Newswire) December 11, 2014 – This year, Florida was working on a possible new category of driving impairment: driving under the influence of a physician-recommended intoxicant, such as cannabis for medicinal purposes. But the idea failed at the polls. The passage of such a law in Florida would have depended on Amendment 2’s success. Amendment 2 failed, even though polls suggested that the public supported medical marijuana use by almost 90 percent. The poll was close, but not close enough. Florida requires a supermajority of 60 percent or higher in favor. The Amendment came in with […]


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Miami, FL (Law Firm Newswire) November 20, 2014 – Depending on the political party one listens to, immigration reform is an excellent or terrible plan.  But no one is asking the immigrants waiting for reform. “Statistics have been released that show tens of thousands of unaccompanied children crossing the border to find their families. President Obama indicated his intention to use executive action to spur reform, but he eventually backed away from signing such an order,” outlined Larry Rifkin, a Miami immigration attorney. Whenever an American president indicates an intention to use executive powers, the potential ramifications may develop into […]


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Tampa, FL (Law Firm Newswire) November 5, 2014 – More than 14 million vehicles from 11 automobile manufacturers have been recalled due to defective airbags. Federal safety regulators have urged the owners of millions of vehicles to “act immediately” to have the airbags repaired. Regulators warned that car owners in Florida and other high-humidity areas are at increased risk, because the air bags’ propellant is more likely to explode under humid conditions. Hien Tran of Orlando became at least the third death linked to the airbag recall. As she fought for life in an intensive care unit after a car […]


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Little Rock, AR (Law Firm Newswire) October 21, 2014 – This question needs to be asked in today’s world because millions of Americans are still unable to access health care. “What do people without even the basic necessities do for medical and dental care?” asked Michael Smith, a personal injury lawyer in Arkansas. “Most simply go without. In some states, such as Florida, retired dentists and doctors volunteer their time to help people who could not otherwise access care. But in other states, volunteerism rarely happens. The differences are directly linked to protection from medical malpractice lawsuits. Florida offers that […]


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Lakeland, FL (Law Firm Newswire) October 15, 2014 – The law has had difficulty dealing with sexting as a crime. Technology is moving faster than the speed of light. For now, sexting is grouped with child pornography laws. “The usual definition of sexting is the electronic transmission of sexually graphic/explicit images and/or text. Teens under the age of majority are often involved, though adults sext as well. The most important point to understand is that sexting is extremely and seriously illegal if the images sent are those of children. The crime carries harsh legal ramifications,” said criminal defense attorney Thomas […]


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Fairfax, VA (Law Firm Newswire) September 8, 2014 – The divorce rate in the United States is rising, a trend credited in large part to the economic recovery of the past several years. During the 18-month recession, the divorce rate plunged to a 40-year low. Since then, the divorce rate has recovered, rising each year. In 2012, the most recent year for which U.S. Census Bureau data is available, 2.4 millions Americans divorced. “When times are tough, unhappy couples are more likely to stay together for financial reasons,” said Lisa McDevitt, a divorce attorney in Florida. “With the economy in […]


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Brandon, FL (Law Firm Newswire) August 22, 2014 – Florida Gov. Rick Scott signed a bill to help foster children age 16 or older get around by car. The bill, HB 977, is a continuation of legislators’ efforts to improve the lives of Florida’s foster children and enable them to engage in normal age-appropriate activities. The 2013 legislative session saw the passage of a bill that trimmed the rules and regulations surrounding foster care that often made it difficult for children to participate in enriching activities with their peers, such as sleepovers and school field trips. Another 2013 bill extended […]


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Brandon, FL (Law Firm Newswire) August 15, 2014 – Florida’s Fourth District Court of Appeals (DCA) recently ruled that deterioration in a former spouse’s health can usually support a reduction in his or her alimony obligation. In Garvey v. Garvey, a former husband sought to modify his alimony obligation to his former wife after his multiple sclerosis (MS) began causing significant health problems. The decision hinged on whether the alimony agreement had been made in anticipation of such a turn in his health. “I think the Fourth DCA made the right decision here,” said Attorney O. Reginald Osenton, who is […]


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Brandon, FL (Law Firm Newswire) August 8, 2014 – A Florida woman’s recent divorce taught her a tough lesson in commingling of assets. In the context of family law, “commingling of assets” is the act of combining a non-marital asset with a marital asset. The asset that couples most often commingle is cash. That is exactly what happened in the case of Sorgen v. Sorgen, which was recently decided by Florida’s Fourth District Court of Appeals (DCA). Attorney O. Reginald Osenton, who is not involved with the case, explained how the case illustrates the legal ideas behind it. “Mrs. Sorgen […]


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Brandon, FL (Law Firm Newswire) August 6, 2014 – Florida’s same-sex marriage ban suffered two legal defeats in July, and a ruling on a third case is still pending. On July 17, 2014, a circuit judge in Monroe County said the law violates the U.S. Constitution. Just over a week later on July 25, a Miami-Dade judge followed suit in a separate case. Each of those rulings, which would have permitted marriages to proceed in their respective counties, was stayed pending appeal by the state. A still-pending ruling on a federal case in Tallahassee would apply statewide. Attorney O. Reginald […]


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Tampa, FL (Law Firm Newswire) July 21, 2014 – Según un informe publicado recientemente, el área de Tampa Bay es la segunda área metropoli-tana más peligroso del país para los peatones. La Coalición Nacional de Calles Completas publicó el informe que le asigna un índice de peligro para los peatones en las principales áreas metropolitanas basadas en muertes de peatones y el número de personas que se desplazan a trabajar a pie. La zona metropolitana de Tampa-St. Petersburg-Clearwater fue clasificado como el segundo más peligroso del país, y de otras partes de Florida también tienen peligro. “Son demasiados los accidentes […]


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Lakeland, FL (Law Firm Newswire) July 4, 2014 – There are a variety of criminal defenses that may be used in court. Each depends on the circumstances of the case. “There are a number of defenses that may be used to excuse criminal behavior, which varies from state to state. However, the basic concept remains the same in every state. The thing to remember is that rather than a defense being an excuse, it is a valid defense for a person who is, by law, innocent until proven guilty. There have been numerous cases in the U.S. where a defendant […]


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Miami, FL (Law Firm Newswire) June 25, 2014 – Immigration reform is likely to be a major election campaign issue. “There are plenty of predictions about who will win the election, such as Nate Silver’s forecast on ESPN’s FiveThirtyEight.com. Silver suggests the GOP will win control of the Senate and remain in control of the House of Representatives. He also foresees that Republicans may snag as many as six seats in the Senate alone. His forecast is predicated on the apparent flagging popularity of the President, balanced with the GOP’s ever increasing slate of relatively appealing candidates,” says Larry Rikfin, […]


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Miami, FL (Law Firm Newswire) June 18, 2014 – Immigration reform has long been a sticking point between Republican members and their House Speaker, John Boehner. This situation seems to have gotten worse. “It seems that Boehner has two points of view on immigration reform. The first comes to the fore when assuring party members in opposition to comprehensive immigration that zero will be done about the issue until the President and his men can be relied upon to enforce the laws. Republicans figure that really means that will never happen. Boehner’s party members accuse him of double-speak,” adds Larry […]


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Lakeland, FL (Law Firm Newswire) May 14, 2014 – This interesting case is the first of its kind involving Bitcoin virtual currency. “Recently two Florida men were arrested in Miami-Dade for using Bitcoin virtual currency in an alleged money laundering scheme. The charges for this case, which I am not involved in, are allegedly engaging in an unlicensed money servicing business and money laundering. Thirty-year-old Abner Espinoza and 28-year-old Pascal Reid remain in custodial care,” indicated Thomas Grajek, a Lakeland criminal defense attorney. The unusual aspect of this case involves the use of Bitcoins, adding a new twist to the […]


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Tampa, FL (Law Firm Newswire) May 12, 2014 – Three operators of a Tampa pill mill have been convicted on dozens of charges. They now face years in Florida prisons. Jorge Gonzalez-Betancourt, 53, and Michele Gonzalez, 37, owners of pain clinic First Medical Group, were convicted of charges including racketeering, trafficking in oxycodone and conspiring to traffic in oxycodone. Maureen Altman, 58, the clinic’s manager, was found guilty of charges including racketeering and conspiring to traffic in oxycodone. Many of the charges against the three carry a maximum prison sentence of up to 30 years. Tampa pill mill attorney Robert […]


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Tampa, FL (Law Firm Newswire) April 24, 2014 – The Florida legislature is soon to vote on a bill to place restrictions on lawsuits against nursing homes. The bill would protect passive investors from lawsuits related to care of nursing home residents. It would require evidentiary hearings in cases in which residents pursue punitive damage claims against homes. It would also place penalties on nursing homes that don’t pay judgments against them, including possible revocation of operating licenses. Tampa nursing home abuse attorney Robert Joyce offers his thoughts on the bill’s provisions. “I’m always wary of bills that might restrict […]


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Miami, FL (Law Firm Newswire) April 24, 2014 – What started out as a potential “maybe” for immigration reform at the start of 2014 has now deteriorated to a “No, not until 2015.” “Listening to the various positions held by the House Speaker and the President is entertaining, but definitely not informative. The President states immigration reform must be passed this year. John Boehner agreed in January, but now says not until 2015 because then the Republicans would likely have a majority in the House and Senate,” remarks Larry Rifkin, a Miami immigration lawyer and managing partner at Rifkin & […]


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