Zone of Risk

New co-host, Jennifer W. Opiola of Reynolds Parrino Shadwick, P.A., stops by to reviews important PIP and insurance opinions from September.  You can also find Jennifer on LinkedIn.

• Allstate v. Jesse Lee Ray, (2d DCA).
• United Automobile Insurance Company v. Keith Buchalter, DC, (4th DCA). 
• Chris Thompson, P.A. v. Geico Indemnity Company, (4th DCA) (July).
• Chris Thompson, P.A. v. Geico Indemnity Company, (4th DCA) (Sept.).
• Carglass, Inc., LLC v. Esurance Ins. Co., (5th DCA).

Thanks to our sponsor, Ascension Global Staffing & Executive Search.

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This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided in this podcast is not intended to be legal advice.  You should not rely on what you hear on this podcast as legal advice.  If you have a legal issue, please contact a lawyer.  The views and opinion expressed by the hosts and guests are solely those of the individuals and do not represent the views or opinions of the firms or organizations with which they are affiliated or the views or opinions of this podcast’s advertisers.   

This podcast is available for private, non-commercial use only.  Any editing, reproduction, or redistribution of this podcast for commercial use or monetary gain without the expressed, written consent of the podcast’s creator is prohibited.  

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Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

Professor Harold J. Krent of the Chicago-Kent College of Law previews some of the blockbuster cases set to be heard by the United States Supreme Court during the 2022 term, which begins on October 3rd.  The preview covers cases on affirmative action, voting rights (including the so-called independent state legislature doctrine), and the First Amendment. 

Professor Krent is the former dean of the Chicago-Kent College of Law, where he teaches in the areas of constitutional law, appellate courts, legislation, and administrative law.  He has authored dozens of articles on these and other topics.  His book, Presidential Powers, is a comprehensive examination of the president's role as defined by the U.S. Constitution and judicial and historical precedents.

During the episode, Robert refers to a Supreme Court summary by Georgetown Law. 

Cases covered:

·        303 Creative LLC v. Elenis, No. 21-476 (First Amendment (speech)).

·        Merrill v. Milligan, No. 21-1086 (Argument date: 10/4/2022) (voting rights).

·        Moore v. Harper, No. 21-1271 (voting rights; independent state legislature doctrine).

·        Students for Fair Admissions Inc. v. President & Fellows of Harvard College, No. 20-1199 (Argument date: 10/31/2022) (affirmative action).

·        Students for Fair Admissions v. University of North Carolina, No. 21-707 (Argument date: 10/31/2022) (affirmative action). 

·        U.S. v. Texas, No. 22-58 (prosecutorial discretion; administrative law).

🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

Robert welcomes Florida Bar President Gary Lesser for a discussion about the start of his term, access to justice, non-lawyer ownership, and a major mentoring initiative set to launch in 2023. 

Gary Lesser is the managing partner of Lesser, Lesser, Landy & Smith, PLLC.  He served on the Florida Bar Board of Governors for 10 years, as the Chair of the Florida Bar Legislation Committee, and as the Chair of the Professional Ethics Committee.  

Follow him on Twitter @GarySLesserEsq & @FLBarPresident, on Facebook, and LinkedIn.  He can be reached at [email protected] or [email protected].

Questions, comments, suggestions? E-mail Robert at [email protected].

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🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

Florida Supreme Court Justice Jorge Labarga and board-certified attorney Scott N. Richardson join Robert to discuss professionalism.

This episode was approved for 1 hour of FREE CLE credit. The CLE course code is revealed towards the end of the episode. The course title is "Professionalism and Your Reputation."

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Follow Robert on Linkedin. 

🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

On this episode, I am joined by Leah Watson and Erika Sisneros Kelley of the ACLU to discuss a new Florida law (the Stop WOKE Act), which expands the definition of discrimination to include the teaching of concepts dealing with racism, sexism, diversity, equality, and inclusion.

The complaint alleges violations of the First and Fourteenth Amendments. In a case challenging nearly identical language, a federal district judge recently concluded that the law unconstitutionally restricts speech based on viewpoint.

Leah Watson is a Senior Staff Attorney with the ACLU’s Racial Justice Program, where she leads investigations and litigation to challenge classroom censorship efforts (education gag orders), bias in policing, the criminalization of poverty, and racial disparities during the Covid-19 pandemic. Leah earned her J.D. from Harvard Law School and her B.A., magna cum laude, in Communication Studies and Sociology from Vanderbilt University.

Erika Sisneros Kelley is the 2021 Marvin M. Karpatkin Fellow with the ACLU’s Racial Justice Program. She focuses on issues related to economic justice, algorithmic bias, and inclusive education. Erika graduated from the University of Colorado Boulder in 2014 with a B.A. in Integrative Physiology. She earned her master’s in Public Health in 2016 from Claremont Graduate University and completed her J.D. at University of Denver Sturm College of Law in 2021. 

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🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

On this episode, Robert discusses attorneys' fees, incest (yuck!), scoresheets, and bad attorney behavior.  

Liberty Mutual v. Pan Am Diagnostic, 4th DCA (Aug. 17) (PIP; attorneys’ fees).

State v. Hardley, 1st DCA (Aug. 24) (scoresheets; victim injury points).   

Miami Dade College v. Nader + Museu I, LLP, 3d DCA (Aug. 31) (public records; attorneys’ fees). 

Azran Miami v. U.S. Bank Trust, 3d DCA (Aug. 3) (attorney sanctions). 

If you spot an opinion that you think warrants discussion, please e-mail your summary and the opinion to [email protected].  Robert will take a look and may include it in a future episode—with a shout-out to you!

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🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

Want a FREE CLE credit?  Listen to this episode!

Appellate lawyer and certified grammar geek Lindsey Lawton joins Robert to discuss legal writing.  The course, Legal Writing Made Better, covers writing structure, citations, intro paragraphs, and Lindsey's 10 top common grammar/punctuation mistakes.

Lindsey is the founder of Lawton Law PLLC and of counsel at The Brownlee Law Firm.  She clerked at the Florida Supreme Court for 4 years and at the First District Court of Appeal for a decade.  Follow Lindsey on LinkedIn for grammar and punctation tips.  It's fun!

The course qualifies for 1 hour of general CLE credit, and the course number is announced during the episode.   

Subscribe so you don't miss future episodes and CLE opportunities.  Next month's line-up includes 1 hour of professionalism CLE credit with 2 very special guests.

Suggested grammar resources:
- Grammar Book for You And I (Oops Me)
- The Gregg Reference Manual
- The Redbook: A Manual on Legal Style

Citation help:
- Fla. R. App. P. 9.800
- Florida Style Manual

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Questions/comments/suggestions?  E-mail Robert at [email protected].

🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

Florida is adding a District Court of Appeal.  On January 1, 2023, the Sixth DCA will begin its work.  Judge Meredith L. Sasso chairs the work group charged with getting the new court up and running, and she will take the reins as Chief Judge of the Sixth District. 

Judge Sasso joined Robert to discuss the details about the new court.  Later this month, she will host a free CLE about the Sixth DCA presented by the Appellate Practice Section of The Florida Bar.  You can register here. 

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Questions/comments: E-mail Robert at [email protected].

🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

Constitutional adjudication is not a "Cosmic Battle" of good versus evil between Ironman and Thanos.  "Judges are not superheroes," and constitutional cases should be decided dispassionately, with an appreciation that judges or justices who disagree usually do so in good faith and for valid legal reasons.  But "some judges [and justices]  have confused their role with that of the Avengers."  When they disagree with their colleagues, they sometimes claim that the "other side" is acting in bad faith or in ways that are illegitimate.  Such ad hominem attacks, while rhetorically appealing and perhaps true in some cases, do not bolster the legal analysis.  They do, however, undermine the legitimacy of the courts, and judges and justices should not engage in such wars. 

This is the thesis of Professor H. Jefferson Powell's article - Judges as Superheroes: The Danger of Confusing Constitutional Decisions with Cosmic Battles.  He joins me to discuss how some judges and justices use rhetoric as a weapon against colleagues who disagree with them, and how doing so is harmful to institutional legitimacy.

Professor Powell teaches Constitutional and First Amendment law at the Duke University School of Law.  His latest book is The Practice Of Constitutional Law.  He holds a bachelor’s degree from St. David’s University College (now Trinity St. David) of the University of Wales; a master’s degree and PhD from Duke University; and a Master’s of Divinity and JD from Yale University.  Prior to entering academia almost 4 decades ago, Professor Powell clerked for Judge Sam J. Ervin III of the U.S. Court of Appeals for the Fourth Circuit. 

Opinions and writings discussed:

Dobbs v. Jackson Women’s Health Org., USSC (2022).

McDougall v. Cnty. of Ventura, 9th Cir. (2022).

SisterSong v. Gov. of Georgia, 11th Cir. (2022). 

Manning v. Caldwell, 4th Cir. (2019).

Robert's LinkedIn article about Chief Judge William Pryor's opinion in SisterSong.

In Praise of Doubt: How to Have Convictions Without Becoming a Fanatic

🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com

On this episode, Robert provides a quick "summary" of some important criminal opinions for July 2022.  You can listen to the civil opinion summaries for July on episode 24.

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·        Youngman v. State, 2d DCA (7/1/22) (Fourth Amendment (digital search)). 

·        State v. Rojas, 3d DCA (7/13/22) (Double Jeopardy; motion to dismiss appeal).

·        U.S. v. Lewis, U.S.C.A. 11th Cir. (7/14/22) (Fourth Amendment; collateral estoppel) (issue of first impression).  

·        King v. United States, U.S.C.A. 11th Cir. (7/28/22) (federal habeas; appeal waiver) (issue of first impression). 

🔗 Connect with the Hosts:
Joni Mosely – TheMoselyFirm.com
Spencer Charif – CharifLaw.com