Zone of Risk

Welcome to episode 13 of Summarily—A Podcast for Busy Lawyers. Last week the podcast crossed the 1000 download threshold. Thank you for your support!   

The 11th Circuit, citing to a Supreme Court "shadow docket" order that did not include a majority opinion, granted a stay in an important voting rights case. That opinion, and others, are covered in this episode.  Here are the links to the opinions:

• Ford Motor Credit Company v. Parks, 1st DCA (May 11th) (evidence; legibility of documents).
• Commodore, Inc. v. Lloyd’s of London, 3d DCA (May 11th) (economic loss due to COVID restrictions is not “physical loss or damage to property” under insurance contact).
• Naso v. Ronald Hall and G4S Secure Solutions, 4th DCA (May 4th) (sovereign immunity; limited immunity for private parties that contract with the State).
• McKinley v. Gualtieri, 2d DCA (May 4th) (Florida dog-bite statute; discretionary vs. operational).
• Simmons v. Public Health Trust of Miami-Dade County, 3d DCA (May 4th) (pre-suit notice).
• League of Women Voters of Florida, Inc. v. Florida Secretary of State, U.S.C.A. 11th Cir. (May 6th) (voting rights; reliance on “shadow docket” orders).
• Corbett v. State, 5th DCA (May 13) (appellate review of stand your ground orders).
• Florida Statutes section 90.2035, (judicial notice).

If you have comments or suggestions, please e-mail me at [email protected].  

Caselaw is one word!

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Welcome to Summarily: A Podcast for Busy Lawyers. 

This is a follow-on episode to the emergency pod about the leak of the draft opinion in Dobbs v. Jackson Women’s Health Organization.  

On this episode, Robert is joined by Professor Caroline Mala Corbin of the University of Miami School of Law to discuss the substance of the opinion. She explains her views on the opinion’s flawed substantive due process analysis, why she believes the majority’s decision is driven in part by “intense hostility towards abortion,” and how religion plays a role in the outcome. 

Professor Corbin recently authored a critique of the draft majority opinion on Think: 8 Legal Reasons to Dislike Justice Alito’s Draft Opinion on Abortion. 

Professor Corbin is Dean’s Distinguished Scholar at UM Law, where she teaches Constitutional Law, several courses on the First Amendment (including Feminism and the First Amendment), and Advanced Topics in Reproductive Rights. Her scholarship focuses on the First Amendment’s speech and religion clauses, particularly their intersection with equality issues. Professor Corbin holds a B.A. from Harvard University and a J.D. from Columbia Law School.  

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Desperately Seeking Certainty, by Dan Farber and Suzanna Sherry, “attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Farber and Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question.”

Questions/Comments/Suggestions? E-mail Robert at [email protected].

🔗 Connect with the Hosts:
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Welcome to SUMMARILY: A Podcast for Busy Lawyers.

This was going to be big episode 10! But the emergency pod on the leaked Supreme Court draft opinion changed the plan.  There will be more to come on Dobbs once the official opinion is released. Links to the opinions covered in this episode are listed below. 

Many thanks to my good friend Chris Clark of Pendulum Productions LLC for editing and producing this podcast. 

Questions/comments/want to sponsor this podcast? E-mail me at [email protected].

Thank you for listening! Enjoy, subscribe, and share. 

·        Dail v. Calusa Palms Master Assoc., FLSC, Apr. 28, 2022 (admissibility of past Medicaid expenses). 

·        Martin Mem’l Health Sys., Inc. v. Gorham, 4th DCA, Apr. 20, 2022 (med mal v. ordinary negligence, pre-suit notice).

·        Boyle v. Samotin, FLSC, Apr. 21, 2022 (med mal, pre-suit notice, statute of limitations). 

·        Addit LLC, et al. v. Estate of Carl Ingolia; New Port Richey Operating LLC, et al. v. The Estate of Carl Ingolia, 2d DCA, Apr. 27, 2022 (arbitration, unconscionability, severability). 

·        Dean v. State, 4th DCA, Apr. 13, 2022 (Marsy’s Law, due process, sentencing).  

·        Johnson v. Florida, USCA 11, Apr. 28, 2022 (speedy trial, 6th Amend., exhaustion, Younger abstention).  

🔗 Connect with the Hosts:
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In this emergency episode of Summarily, I recapping the bombshell Politico report dealing with abortion.  According to the report, a leaked, draft majority opinion, authored by Justice Samuel Alito, overturns Roe v. Wade and Planned Parenthood v. Casey.

Tune in to hear a few excerpts from the draft opinion and for a brief explanation about what could be if the Court actually overturns Roe and Casey.

We will be back later this week with updates from the Florida Supreme Court, the DCAs, and the U.S. 11th Circuit.

Thank you for listening!
Robert Scavone Jr.
Follow me on LinkedIn.  
E-mail me at [email protected]

🔗 Connect with the Hosts:
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Good evening friends:

Many are wondering whether Disney has a claim against Florida for retaliation under the First Amendment? On the latest episode of Summarily—a podcast for busy lawyers—First Amendment expert, Professor Eugene Volokh, explains retaliation theory.   

Professor Volokh teaches First Amendment at the UCLA School of Law and instructs law students in the School's First Amendment amicus brief clinic. Professor Volokh clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the 9th Circuit.  He can read Professor Volokh's recent pieces about First Amendment retaliation here, here, and here. 

Please share Summarily and this e-mail with your friends and colleagues. If you have any questions about the show, contact me at [email protected]. And please don't forget to subscribe/follow the podcast so you don't miss timely appellate updates and legal news.

Thank you for listening!
Robert Scavone Jr.
Follow me on LinkedIn.  

🔗 Connect with the Hosts:
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Welcome to Summarily: a podcast for busy lawyers. 

In this episode, Robert speaks with legal-writing extraordinaire, Ross Guberman, about legal writing, legal education, and the ways technology is changing the the practice of law. Ross has conducted thousands of top-rated writing and editing workshops on three continents for prominent firms, agencies, and courts. He is the president of Legal Writing Pro© and the creator of BriefCatch. 

BriefCatch is a Microsoft® Word add-in that offers editing suggestions that you can implement in real time. The program not only catches common mistakes but spots editing and advocacy opportunities that many lawyers and judges miss. BriefCatch 3 is now available, and it is Mac compatible.

Please share Summarily with your friends and colleagues. If you have questions about the podcast, contact Robert at [email protected].

Thank you for listening!

🔗 Connect with the Hosts:
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Welcome to SUMMARILY: a podcast for busy lawyers. In this episode, we review opinions from the Florida DCAs, the U.S. 11th Cir., and the Super Supremes.  

Get involved! Send your summary of a recent noteworthy opinion to [email protected]. If it fits the goals of the podcast, I may include it in a future episode along with a shout-out!   

Many thanks to Chris Clark of Pendulum Productions LLC for editing and producing this podcast. And thank YOU for listening. 

Enjoy, subscribe, share. 

Cardona vs. FirstBank Puerto Rico, 3d DCA (Mar. 30, 2022).

Ripple v. CBS Corp, et al., 4th DCA (Mar. 30, 2022).  

Greeley v. Wal-Mart, 2d DCA (Mar. 30, 2022). 

State v. Donaldson, 2d DCA (Apr. 8, 2022). 

Laufer v. Arpan, U.S.C.A. 11 (Mar. 29, 2022).  

Thompson v. Clark, U.S.S.C. (Apr. 4, 2022).  

🔗 Connect with the Hosts:
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In this episode I discuss oral advocacy with Judge Adalberto Jordan of the U.S. Court of Appeals for the 11th Circuit and Judge Kevin Emas of Florida's Third District Court of Appeal.  
Subscribe, share, and enjoy!

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

Welcome to SUMMARILY: a podcast for busy lawyers. In this episode, we review cases involving work comp, attorney misconduct, Arthur hearings, stand-your-ground immunity, and more.        

In the next episode, the Honorable Adalberto Jordan of the United States Court of Appeals for the 11th Circuit and the Honorable Kevin Emas of Florida's Third DCA join me to discuss effective oral advocacy. Subscribe and hit the notification button so you don’t miss it.

Get involved! Send your summary of a recent noteworthy opinion to [email protected]. If it fits the goals of the podcast, I may include it in a future episode along with a shout-out!   

Many thanks to Chris Clark of Pendulum Productions LLC for editing and producing this podcast. And thank YOU for listening. 

Please subscribe, share, and enjoy.  

Simmons v. State, 1D21-2359, 2022 WL 795444 (Fla. 1st DCA Mar. 16, 2022).  

T.H. v. State, 2D20-3217, 2022 WL 815047 (Fla. 2d DCA Mar. 18, 2022).  

Florida v. Fernandez, 2D19-1184, 2022 WL 880265 (Fla. 2d DCA Mar. 25, 2022).  

Thourtman v. Junior, SC19-1182, 2022 WL 803688 (Fla. Mar. 17, 2022).

The Bank of New York Mellon v. Bontoux, 3D21-1869, 2022 WL 790435 (Fla. 3d DCA Mar. 16, 2022). 

Wiggins v. Brightview Landscape Services, Inc., 4D21-1886, 2022 WL 791054 (Fla. 4th DCA Mar. 16, 2022).  

Kelly Air Sys., LLC v. Kohlun, 1D21-0976, 2022 WL 795447 (Fla. 1st DCA Mar. 16, 2022).  

Swedberg v. Goldfinger's S., Inc., 3D21-964, 2022 WL 791024 (Fla. 3d DCA Mar. 16, 2022).  

Prentice v. R.J. Reynolds Tobacco Co., SC20-291, 2022 WL 805951 (Fla. Mar. 17, 2022).  

🔗 Connect with the Hosts:
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In part one of a two-part series on effective advocacy, I discuss writing and briefing with the Honorable Adalberto Jordan of the U.S. Court of Appeals for the 11th Circuit and the Honorable Kevin Emas of Florida's Third District Court of Appeal.  In part 2 (which will drop on April 4th) we discuss oral advocacy.  Hit the notification button so you don't miss upcoming episodes.

Subscribe, share, and enjoy!

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