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.
September 19, 2024
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The Florida Bar
COMMITTEE EXPLORES ENHANCING DISCOVERY ENFORCEMENT MECHANISMS
The Florida Bar | Article | September 19, 2024
The Civil Procedure Rules Committee is proposing adding enforcement mechanisms to discovery rules, revisions the panel says are necessary after the Florida Supreme Court in May added “proportionality” language in recent civil procedure reforms. The Board of Governors, when it meets Friday [Sept. 20], will be asked to “accept,” “reject,” or “amend” the committee’s proposed amendments to Rule 1.340 (Interrogatories), 1.350 (Production of Documents and Things…), and 1.380 (Failure to Make Discovery; Sanctions). The proposed revisions are necessary, “to address concerns raised by the Court’s adoption of ‘proportionality’ within Florida Rule of Civil Procedure 1.280 (General Provisions Governing Discovery),” according to a staff analysis.
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Legal Discipline
FLORIDA APPELLATE COURT ORDERS ATTORNEY TO BE DEPOSED
Daily Business Review | Article | September 18, 2024
On Wednesday [September 18], Florida’s Third District Court of Appeals ordered attorney Michael Kaufman to be deposed in the case Garcia v. Yellow Cab. Alexander Garcia, represented by Lyudmila Kogan, sought to quash a protective order barring Kaufman’s deposition. Garcia, injured in a car accident 11 years ago, sued Yellow Cab, which settled for $150,000 in 2022 but never paid. During post-judgment discovery, Yellow Cab’s corporate representative provided no useful information, leading Garcia to seek Kaufman’s deposition. Chief Judge Thomas Logue ruled that Kaufman likely played a material role in Yellow Cab’s operations, justifying the deposition to aid Garcia’s collection efforts.
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Civil Justice
FLORIDA ATTORNEY GENERAL’S OFFICE HEADING OUT OF STATE TO DEFEND TEXAS LIBRARY BOOK BANS
Tallahassee Democrat | Article | September 19, 2024
Florida has expanded its legal defense of book bans from school libraries to public libraries. After defending Gov. Ron DeSantis’ administration’s right to remove books for any reason, including LGBTQ and race-related content, Florida joined 17 other states in a brief supporting Llano County, Texas, in removing 17 books from its public library. Florida’s Solicitor General, Henry Whitaker, will argue next week in New Orleans that book removals are “government speech” and don’t violate the First Amendment. Critics, including the ACLU, argue this violates free speech. Florida’s legal position could influence future rulings on public and school libraries nationwide.
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Civil Justice
A COURT GRAPPLES WITH THE FLORIDA LEGISLATURE’S CLAIM OF ‘LEGISLATIVE PRIVILEGE’
News Service of Florida | Article | September 17, 2024
On Tuesday [September 17], a Florida appeals court reviewed whether state lawmakers should be shielded from testifying in lawsuits under “legislative privilege.” The dispute arose from a 2022 lawsuit challenging the constitutionality of a redistricting plan pushed by Gov. Ron DeSantis. Voting-rights groups, including the League of Women Voters of Florida, sought to depose current and former lawmakers. Although the depositions were dropped, House attorney Andy Bardos argued the case is not moot, as the issue could recur. The panel, led by Judge Susan Kelsey, questioned the mootness. A 2013 Florida Supreme Court ruling allows legislative testimony in limited cases, but the Legislature seeks to overturn it.