Nov. 2018 Issue of The Florida Bar Journal
The legislature enacted F.S. Ch. 558 in 2003 to provide “an alternative method to resolve construction disputes” between owners and contractors. This article examines the Altman decision and how it addressed the interplay between the notice and opportunity-to-repair process embodied in Ch. 558 and the duty to provide a defense to “suits” as defined in standard CGL policies that are widely sold to general contractors and others in the construction industry.
The Mixed Meanings of Metaphors in Voir Dire — by Matthew C. Lucas
In state voir dire proceedings, the process of questioning a group, or “pool,” of potential jurors before jury selection, metaphors seem to flourish whenever attorneys broach subjects like burdens of proof, witness credibility, or juror neutrality with a group of prospective jurors.
The taking of secret profits, kickbacks, and undisclosed commissions are, unfortunately, a historic part of commercial practice in the equine industry. Undisclosed agency and compensation arrangements among owners, sellers, agents, trainers, sponsors, and other “facilitators” are common in the horse world and have normalized unfair and deceptive acts that would not be permitted in other industries.
As lawyers, many of us wouldn’t have come far in our careers if it wasn’t for a mentor. Mentors help new lawyers in various ways, whether it’s in a substantive area of law, with practice-related questions, or on a personal matter. It is incredibly helpful to bounce ideas off of someone who has had the same experiences or just has a different perspective.
Raise Your Standards: A Practitioner’s Guide to the Effective Use of Appellate Standards of Review
by Rachel Canfield
Litigants are often tempted to address the merits of a legal issue, without reference to the applicable appellate standard of review. However, litigators should first identify and alert the presiding court to the applicable standard of review because it defines the scope of the appellate court’s inquiry, the level of deference to be paid to the lower tribunal’s ruling,1 and controls the outcome of the issue or appeal.