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.
November 05, 2024
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The Florida Bar
ABOTA REDUCES JURY TRIAL REQUIREMENT TO ENHANCE MEMBERSHIP OPPPORTUNITIES
The Florida Bar | Article | November 05, 2024
The invitation-only American Board of Trial Advocates, a national organization founded in 1958, has revised its membership requirements, state leaders announced Wednesday [Oct. 30]. FLABOTA President Rebecca Brock, a Palm Beach attorney, said in a newsletter that new member recruitment was a “hot topic” at a weekend national board meeting in Nashville. Brock noted that the board voted to revise the ABOTA constitution and bylaws and pointed to Article III (1) Membership and Bylaw IV Trial Experience, which now require at least seven jury trials (rather than 10 jury trials) and 100 points to qualify for membership. The revisions were based on research and designed to enhance options for chapters to continue recruiting skilled trial lawyers while maintaining the integrity of ABOTA, Brock said.
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Legal Discipline
FORT LAUDERDALE ATTORNEY DENIES PONZI SCHEME-LIKE CONDUCT AND MISAPPROPRIATING $40,000
Miami Herald | Article | November 04, 2024
Suspended Fort Lauderdale attorney Marc Brown admits to telling a client an action had been filed in a foreclosure matter when it hadn’t and not fully complying with a subpoena in an ensuing Florida Bar investigation. But, Brown denies misappropriating $40,027 and that the money movement in his accounts was “similar to that of a Ponzi scheme.” The Ponzi comparison came from The Florida Bar’s petition for emergency suspension of Brown, which the state Supreme Court granted on Oct. 1. Brown made his admissions and denials in his response to the Bar’s petition. Brown was admitted to the Bar in 2006. This is the first disciplinary action against him.
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Criminal Justice
LEE COUNTY DRUG DEALER GUILTY OF FENTANYL DEATH IN ‘LANDMARK’ CASE
Fort Myers News-Press | Article | November 04, 2024
A jury in Lee County has convicted Joshua Pulley, a drug dealer whose product led to the Fentanyl death of a woman, the first case of its kind in Lee County. The State Attorney’s Office, 20th Judicial Circuit, said in a news release Nov. 1 that Pulley provided fentanyl-laced drugs to a woman after meeting her in a restaurant’s parking lot in December 2022. His arrest affidavit said the woman returned home and a roommate later found her unresponsive. Efforts to revive her failed. The coroner attributed the death to Fentanyl poisoning, records indicate. In May 2022, Gov. Ron DeSantis signed a measure into law that increased sentences for trafficking fentanyl and could lead to dealers facing death sentences or life in prison if methamphetamine they distribute kills someone.
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Civil Justice
FSU VS. ACC LAWSUIT: APPEAL OF ‘JUDICIAL FOUL’ DENIED IN FLORIDA
Tallahassee Democrat | Article | November 04, 2024
A three-judge panel of Florida’s 1st District Court of Appeal Monday denied the Atlantic Coast Conference’s appeal of rulings made against it in its case against Florida State University. The judges agreed Circuit Judge John Cooper “did not depart from the essential requirements of the law in denying the ACC’s motion to stay.” The loss is the latest legal milestone in a marathon multi-state legal battle over media rights contracts and the potential half-a-billion-dollar fee FSU would owe the conference if it pursued an exit from the ACC. The conference filed an appeal in June of Judge Cooper’s ruling to deny the conference a pause in legal proceedings based on his decision to allow FSU’s case against the ACC to proceed in Florida.
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Civil Justice
COVID-19 DEATH SUIT AGAINST NURSING HOME SENT TO STATE COURT, 11TH CIRCUIT AFFIRMS
Daily Business Review | Article | November 04, 2024
An assisted living facility accused of failing to follow COVID-19 protocols as part of a wrongful death suit will be sent to a Florida state court as the defendants were not acting under a federal official, the U.S. Court of Appeals for the Eleventh Circuit ruled last week. In a 2-1 decision, Eleventh Circuit majority issued an Oct. 31 opinion, finding that the Grand Villa of Delray East did not qualify as a “federal actor” during the pandemic and that the defendants are not entitled to federal jurisdiction against claims that their gross negligence led to a woman’s death from the virus in 2020. The court’s ruling in Schleider v. GVDB Operations is consistent with the recent rulings by the U.S. Courts of Appeals for the Third, Fifth and Ninth circuits on federal designees.
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Civil Justice
MIAMI-DADE CLERK OF THE COURT URGES HOMEOWNERS TO ENROLL IN THE FREE PROPERTY FRAUD ALERT PROGRAM
Calle Ocho News | Article | November 04, 2024
The Miami-Dade Clerk of the Court and Comptroller has launched a proactive initiative to protect local property owners from an increasing risk of fraud in the county’s thriving real estate market. Recently introduced by Clerk of Court Juan Fernandez-Barquin, the Property Fraud Alert Program is a free online service that notifies property owners whenever a document, such as a deed, mortgage, or lien, is filed in their name. This timely alert helps Miami-Dade residents stay aware of any suspicious activity related to their property, offering a vital layer of security as the region’s real estate market booms. The Clerk’s Office initiated this alert system in response to Miami-Dade’s fast-paced property transactions, which can make it difficult for homeowners to detect potential risks. Homeowners can register on the Clerk’s website to receive notifications about any activity linked to their property records.
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Obituary
FORMER PALM BEACH JUDGE BARRY COHEN DIES AT 74
Sun Sentinel | Article | November 04, 2024
Former Palm Beach Circuit Judge Barry Cohen, who officially retired in 2016 only to keep his robes on to serve as a senior judge until earlier this year, died Sunday [Nov. 3] at his home in Wellington. Cohen was remembered as a principled liberal during his time on the bench. When the Florida Supreme Court issued a reprimand for comments he made on the bench that called his impartiality into question, the Palm Beach Association of Criminal Defense Lawyers responded to the reprimand by naming an award after him. The Barry M. Cohen Champion of Justice Award is given to lawyers who show “courage and integrity in seeking justice and fairness in criminal law.” Despite the reprimand, the Judicial Qualifications Commission and the Florida Supreme Court did not find fault with any of Cohen’s related rulings.