Zone of Risk

On this episode, Robert provides a quick "summary" of some important civil opinions for July 2022.  You can listen to the criminal opinion summaries for July on episode 23.

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·        Perez v. Citizens, 3d DCA (7/6/22) (summary judgment; insurance claim; investigator affidavit).

·        Kassa v. Stephenson, U.S.C.A. 11th Cir. (7/18/22) (Section 1983; prosecutor liability; immunity).

·        Dacostagomez-Aguilar v. U.S. Attorney General, U.S.C.A. 11th Cir. (7/19/22) (immigration; removal proceedings).

·        USAA v. Mikrogiannakis, 5th DCA (7/22/22) (PIP; notice to insurer). 

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

Alex Su is one of the funniest creators on LinkedIn (LinkedIn said so!).  Oh yeah, he is also Head of Community Development at Ironclad, a columnist for Above the Law, a former federal law clerk, and a former associate at Sullivan & Cromwell (fancy!). 

Alex joins me to chat about his recent social media series (The Harvard Kid), the problems with BigLaw, legal tech, and more.

You can follow Alex and his hilarious hijinks on Twitter and Instagram (@heyitsalexsu), and on TikTok (@legaltechbro). 

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

On this episode I am joined by Professor Daniel Farber to discuss originalism, its flaws, and the role "history and tradition" plays in constitutional adjudication.

Professor Farber explains why "foundationalists," including originalists, frequently get constitutional interpretation wrong.  In Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations, he and his co-author, Professor Suzanna Sherry, don't pull any punches: "We believe that foundationalism is doomed to failure no matter how brilliant the theorist or how important the foundational idea."

In the book, the Professors critique the constitutional theories espoused by Robert Bork, Justice Antonin Scalia, Richard Epstein, Akhil Amar, Bruce Ackerman, and Ronald Dworkin.

Professor Farber is the Sho Sato Professor of Law at the UC Berkeley School of Law.  He has authored more than 20 books and more than 100 articles on topics ranging from Constitutional Law, Administrative Law, Environmental Law, and Presidential Power.

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E-mail your questions, comments, and suggestions to [email protected].  

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

On this episode, I am joined by David Karp of Carlton Fields to discuss two major First Amendment opinions issued towards the end of the 2021 term: Carson v. Makin and Kennedy v. Bremerton School District.

David is an appellate attorney who specializes in First Amendment and defamation law. He is chair of The Florida Bar Media and Communications Law Committee, and frequently writes and speaks about the First Amendment. He recently moderated a panel of judges and lawyers who spoke about this term’s First Amendment opinions at the Florida Bar Convention. 

Questions/comments: e-mail [email protected].

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

I cover 6 civil opinions from June on this episode.  The criminal opinions from June are covered in episode 19.

·         NYSRPA v. Bruen, U.S.S.C. (June 23) (NY gun case).

·         Lewis v. Max Granite, 4th DCA (June 8) (small claims; damages).

·         Meisels v. Dobrofsky, 4th DCA (June 8) (summary judgment). 

·         DecisionHR USA v. Mills & CoverageHR, 2d DCA (June 17); Karisma Hotels & Resorts Corp. v. Hoffman, 4th (June22) (Apex doctrine). 

·         Johnson v. Arteaga-Martinez, U.S.S.C. (June 13) (immigration; bond pending removal).

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

*This episode contains a discussion about rape.

I cover 5 criminal opinions from June on this episode.  The civil opinions from June are covered in episode 18.

·         State v. Burns, FLSC (June 2) (due process; lying under oath; sentencing); Davis v. Florida, FLSC (Dec. 2, 2021) (due process; allocution; sentencing).

·         Rhody v. McNeil, 1st DCA (June 29) (habeas; first appearance; pre-trial detention).

·         A.T. v. State, 4th DCA (June 22) (habeas; juvenile detention). 

·         Thach v. State, FLSC (June 30) (amending criminal information mid-trial).  

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

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

On this episode, I speak with Joni Mosley, founder of The Mosley Firm, and Adam Kemper, founder of The Workplace Law Firm about going solo, being a good lawyer, and building a book of business.  

Joni has practiced law for 19 years and represents plaintiffs in personal injury, civil rights, wrongful death, negligent security, medical malpractice, accident, birth injury, discrimination, and sexual harassment cases.

Adam began his legal career 12 years ago and represents businesses in employment law and commercial litigation matters.  He specializes in consulting, compliance, and litigation. 

From baby lawyers to veteran litigators - all are sure to come away with helpful insights from these exceptional attorneys. 

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

In this episode, Alex Lohman and I break down Dobbs v. Jackson Women’s Health Organization—the Supreme Court case that overruled Roe v. Wade and Planned Parenthood v. Casey. We also explain what (if anything) Dobbs means from women in Florida. 

Florida opinions discussed:

-        In re T.W., 551 So. 2d 1186 (Fla. 1989).

-        Gainesville Woman Care, LLC v. State, 210 So. 3d 1243 (Fla. 2017).

Robert can be reached at [email protected].

Alex can be reached at [email protected]. 

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

On this episode, I am joined by appellate attorneys Kimberly Kanoff Berman of Marshall Dennehey and Adam Richardson of Burlington Rockenbach to discuss a pesky problem pertaining to precedent.   These are the cases we discuss:

OLDER IS BETTER (the prior panel opinion controls):

-        Wood v. Fraser, 677 So. 2d 15 (Fla. 2d DCA 1996).

-        Zarba v. State, 993 So. 2d 1000 (Fla. 2d DCA 2007). 

-        Fox v. Fox, 262 So. 3d 789 (Fla. 4th DCA 2018) (en banc).  

-        Schofield v. Judd, 268 So. 3d 890 (Fla. 2d DCA 2019).  

-        Wanless v. State, 271 So. 3d 1219 (Fla. 1st DCA 2019). 

-        Nat’l Med. Imaging, LLC v. Lyon Fin. Servs., Inc., No. 3D20-730, 2020 WL 5228979 (Fla. 3d DCA Sept. 2, 2020).  

-        Earven v. State, 324 So. 3d 22 (Fla. 1st DCA 2021) (Bilbrey, J., concurring).

-        M.M. v. State, 2d DCA (April 2022) (Labrit, J., concurring).

LATER IS GREATER (the later panel opinion controls):

-        Little v. State, 206 So. 2d 9 (Fla. 1968).

-        State v. Walker, 593 So. 2d 1049 (Mem) (Fla. 1992).

-        Collins v. State, 893 So. 2d 592 (Fla. 2d DCA 2004) (footnote 3).

-        Daniel v. State, 271 So. 3d 1214 (Fla. 1st DCA 2019) (footnote 3).   

-        R.J. Reynolds Tobacco Co. v. Marotta, 214 So. 3d 590 (Fla. 2017).  

-        100 Emerald Bch. Way v. Thornton, et al., 4th DCA (Forst, J., concurring).

Nota bene: The 1st and 2d DCAs have come out on both sides of the issue. 

For a discussion about how DCAs should resolve intradistrict conflicts in the wake of Fla. R. App. P. 9.331 see, e.g., In re Rule 9.331, Determination of Causes by a Dist. Ct. of Appeal En Banc, Fla. Rules of App. Proc., 416 So. 2d 1127 (Fla. 1982).

Judge Ross Bilbery’s attempt at reconciling older is better and later is greater: Rogers v. State, 296 So. 3d 500 (Fla. 1st DCA 2020) (Bilbery, J., concurring). 

Federal land (prior panel opinion controls): see, e.g., Caplan v. All American Auto Collision, 11th Cir. (June 2022). 

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Welcome to episode 14 of Summarily—A Podcast for Busy Lawyers. Do "illegal aliens" have Second Amendment rights? Can a prevailing party recover attorneys' fees for litigating attorneys' fees? That and more on this episode. 

Opinion list:

Samsung v. Fields, 1st DCA (May 18) (long-arm statute). 

Nazarova v. Nayfeld, 3d DCA (May 18) (fees for fees).

Jones v. Ervolino, 3d DCA (May 18) (summary judgment). 

State v. Garcia, FLSC (May 18) (standard for sufficiency of the evidence).

Shim v. Buechel, FLSC (May 26) (jurisdiction over foreign assets).  

NetChoice v. Florida, U.S.C.A. 11 (May 23) (First Amendment and social media) (to be continued).

U.S. v. Jimenez-Shilon, U.S.C.A. 11 (May 23) (Second Amendment and illegal immigrants).  

Shinn v. Martinez Ramirez, Super Supremes (May 23) (habeas, ineffective assistance).   

Comments/suggestions/questions? Please e-mail me at [email protected].  

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