Daily News Summary
The purpose of this summary provided by the Communications Department of The Florida Bar is to present media coverage that may be of interest to members. Opinions expressed in the articles are attributable solely to the authors. The Florida Bar does not adopt or endorse any opinions expressed below. For information on previous articles, please contact the publishing newspaper directly.
August 15, 2022
The Florida Bar
The Florida Bar | Article | August 15, 2022
A Florida Supreme Court workgroup has concluded that better education, including for lawyers and judges, would be the most effective way to reduce “sham and vexatious” litigation — but potential rule and statute revisions, and better E-Filing Portal procedures, might also help. Former Chief Justice Charles Canady formed the “Workgroup on Sanctions for Sham and Vexatious Litigation” in December 2021 and appointed 17th Circuit Administrative Judge Carol-Lisa Phillips as chair. In Supreme Court Administrative Order SC21-62, Canady defined sham and vexatious litigation as “legal proceedings that are unwarranted, inherently false, without good cause, or filed solely to harass the opposing party, are burdensome and costly for the defendant; and abuse the judicial process and waste limited court resources.”
News Service of Florida | Article | August 12, 2022
Heather Kokesch Del Castillo, a Northwest Florida resident who operated a health and nutrition coaching business, asked the U.S. Supreme Court on Thursday [Aug. 11] to take up a First Amendment challenge to a Florida law that blocked her from providing dietary advice to clients. The case stems from a 2017 citation Del Castillo received from the Florida Department of Health for getting paid to provide dietary advice without being a licensed dietitian or nutritionist. That spurred a legal battle in which Del Castillo, represented by attorneys from the Institute for Justice national legal group, contended that Florida violated her speech rights. A federal district judge and the 11th U.S. Circuit Court of Appeals sided with the state, prompting her to file a petition at the U.S. Supreme Court, alleging, in part, that the state’s restrictions are “rife with holes and exceptions.”
Pensacola News Journal | Article | August 12, 2022
Rebekah Jones is once again a candidate in the Democratic primary, after the First District Court of Appeal, on Friday [Aug. 12], granted her request for a stay of the order that disqualified her. Last week, Leon County Circuit Court Judge John Cooper ruled that Jones did not meet the requirements to run as a Democratic candidate in the primary because she had not been a registered Democrat for a full 365 days before qualifying in June. The appellate court granted Jones’ request to put the circuit court’s order on hold pending her appeal, which means notices informing voters that Jones was disqualified will not be posted at polling locations, and if the stay is in place on the night of Aug. 23, votes for her will be counted.
Daily Business Review | Article | August 12, 2022
On Thursday [Aug. 11], Miami-based U.S. District Judge Cecilia Altonaga dismissed some allegations against Robinhood Markets Inc. but is allowing others in a proposed investor class-action lawsuit to move forward. The class action suit against the platform stems from its January 2021 decision to halt purchases of GameStop Corp. shares and other meme stocks during a social media-fueled trading frenzy. Judge Altonaga said that the case raises “interesting legal questions, convoluted by the novelty of Robinhood’s platform, but at the end of the day, plaintiffs’ market manipulation claims clear the particularized threshold.”
Naples Daily News | Article | August 12, 2022
The family of Nicolas Morales, a man who was shot dead by a Collier County deputy in 2020, announced on Thursday [Aug. 11] that they had filed a federal lawsuit against three Collier County Sheriff’s deputies and Sheriff Kevin Rambosk. The lawsuit comes after an internal investigation cleared the responding officers and the State Attorney’s Office ruled the shooting justified. The complaint alleges Rambosk perpetuated a culture of violence and impunity within the sheriff’s office, failing to discipline officers who needlessly beat, Tase and shoot civilians.
Daily Business Review | Column | August 12, 2022
Bruce Lehr, a criminal defense attorney and founding partner at Lehr Levi & Mendez in Miami, writes: “My non-lawyer friends are surprised when they learn that judges in Florida do not use gavels . . . In the movies, judges use gavels to bring order to a rowdy courtroom. This has never been necessary in all of my years of practice since judges have always been respected and litigants showed some degree of decorum . . . Unruly defendants may find themselves bound and gagged, but lawyers have shown proper decorum. This seems to be coming to an end . . . Let’s keep the practice of law as a profession and not lower ourselves to have to be called to attention by the banging of hammers, or even the throwing of same.”