Zone of Risk

Equality Florida sued Governor DeSantis et al., challenging H.B. 1557 (the "Don't Say Gay" law). The parties recently settled, and Florida agreed to limit the law's scope in significant ways.

Robert is joined by John C. Quinn, a partner at Kaplan Hecker and Fink, and D. Brandon Trice, counsel at Kaplan Hecker and Fink. John and Brandon were part of a team of lawyers, led by Robbie Kaplan, who, along with the National Center for Lesbian Rights, represented Equality Florida. 

Documents: 

• Second Amended Complaint
• Order Dismissing Second Amended Complaint
• Settlement Agreement

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.

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Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on 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.

🔗 Connect with the Hosts:
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Co-host Jennifer Opiola joined Robert to review PIP and insurance opinions issued in February, including one dealing with inconsistent verdicts and another about the retroactivity of the pre-suit demand statute under chapter 627.

• Universal Prop. & Cas. Ins. Co. v. Tsirnikas, 2d DCA (inconsistent verdicts); see also Chiarella v. Ford, 4th DCA.
• Citizens Prop. Ins. Corp. v. Peipert, 3d DCA (entitlement to prejudgment interest).
• Cantens v. Certain Underwriters at Lloyd's London, 3d DCA (retroactivity of pre-suit demand statute under chapter 627) (certifying conflict with the 6th DCA in Hughes v. Universal Prop. & Cas. Ins. Co., which certified conflict with the 4th DCA in Cole v. Universal Prop. & Cas. Ins. Co.); see also Universal Prop. & Cas. Ins. Co. v Grove Isle at Vero Beach Condo. Ass'n, 4th DCA.
•  Taylor v. State Farm Fla. Ins. Co., 5th DCA (private right of action for interest under chapter 627 vs. contractual right to interest; incorporating statutory language in contracts).

 Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp. 

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Send your questions, comments, and feedback to [email protected].

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on 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.

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

Are you ready for new rule 1.041 (Notice of Limited Appearance), effective April 1? Tune into this episode to learn what you need to know. Robert and Lindsey also cover several opinions from January.

• In re: Jane Doe 23-B, 1st DCA (judicial waiver).
• Tanner v. Dashner, 4th DCA (single-homicide rule; ex post facto).
• Nelson v. State, 5th DCA (judge's comments at sentencing).
• Tesla v. Monserratt, 4th DCA (apex doctrine).
• John Knox Village of Cent. Fla., Inc. v. Est. of Alma Jane Lawrence, 5th DCA (amending to add punitive damages). 
• Zimmerman v. Florida Gaming Control Commission, 5th DCA (agency's obligation to adhere to prior administrative decision). 
• Rule 1.041 (Notice of Limited Appearance). 

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Send your questions, comments, and feedback to [email protected].

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on 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.

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

Co-host Jennifer Opiola joined Robert to review PIP opinions issued in January.

• United Auto. Ins. Co. v. ISO Diagnostic Testing, 4th DCA (fee schedule).
• Universal Prop. & Cas. Ins. Co. v. Andre, 4th DCA (setting aside default). 
• State Farm Mut. Auto. Ins. Co. v. Matthews, 5th DCA (prejudicial statements and right to fair trial).
• Sulzer v. Amer. Integrity Ins. Co. of Fla., 6th DCA (retroactivity of pre-suit notice statute; certifying conflict with 4th DCA).

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.   

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Send your questions, comments, and feedback to [email protected].

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on 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.

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

On Tuesday, February 6th, the DC Circuit Court of Appeals issued its opinion in United States v. Trump and held that the former president is not immune from criminal prosecution for alleged crimes he committed while in office. 

Robert discussed the opinion with constitutional law professor Harold Krent of the Chicago-Kent College of Law.

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.   

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Send your questions, comments, and feedback to [email protected].

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on 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.

🔗 Connect with the Hosts:
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Professor Joe Regalia recently joined Robert to discuss how law firms can use generative AI to create and maximize efficiency and what law firms should do to prepare for the future with generative AI. 

Joe is an associate professor of law at UNLV’s William S. Boyd School of Law where he teaches legal writing and the intersection between the law and technology. He also leads the training and development team at Write.Law, an online training solution for honing skills like legal writing and legal technology (including generative AI). Joe is a nationally recognized legal writing and technology consultant for law firms, courts, agencies, nonprofits, corporations, and other organizations.

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.   

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Send your questions, comments, and feedback to [email protected].

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on 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.

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

Co-host Jennifer Opiola joined Robert to review a handful of PIP and insurance opinions issued in December. 

• Advance Mold Servs., Inc. v. Universal N. Am. Ins., Co., 3d DCA (dismissal with prejudice). 
• Universal Ins. Co. of N. Am. v. Sunset 102 Off. Park Condo. Ass’n, Inc., 3d DCA (untimely motion to amend affirmative defenses; sanctions for spoliation; motion for mistrial).
• People’s Tr. Ins. Co. v. Diaz, 5th DCA (policy endorsements) (creating uniformity with the 3d, 4th, and 6th). 
• State Farm Ins. Co. v. James, 5th DCA (policy interpretation). 

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.   

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Send your questions, comments, and feedback to [email protected].

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on 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.

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

On April 16, 1963, at just thirty-four years of age and five years before his life was cut short by an assassin, Dr. Martin Luther King Jr. penned from a jail cell, the most powerful, persuasive, and poetic message ever written: Letter From Birmingham Jail.

In honor of Dr. King and in celebration of his birthday, this is the audio of the Letter, read by Dr. King. What would have been had he lived?

This is perhaps the most stirring and compelling passage of the Letter:

We have waited for more than 340 years for our constitutional and God given rights. The nations of Asia and Africa are moving with jetlike speed toward gaining political independence, but we still creep at horse and buggy pace toward gaining a cup of coffee at a lunch counter. Perhaps it is easy for those who have never felt the stinging darts of segregation to say, “Wait.” But when you have seen vicious mobs lynch your mothers and fathers at will and drown your sisters and brothers at whim; when you have seen hate filled policemen curse, kick and even kill your black brothers and sisters; when you see the vast majority of your twenty million Negro brothers smothering in an airtight cage of poverty in the midst of an affluent society; when you suddenly find your tongue twisted and your speech stammering as you seek to explain to your six year old daughter why she can’t go to the public amusement park that has just been advertised on television, and see tears welling up in her eyes when she is told that Funtown is closed to colored children, and see ominous clouds of inferiority beginning to form in her little mental sky, and see her beginning to distort her personality by developing an unconscious bitterness toward white people; when you have to concoct an answer for a five year old son who is asking: “Daddy, why do white people treat colored people so mean?”; when you take a cross county drive and find it necessary to sleep night after night in the uncomfortable corners of your automobile because no motel will accept you; when you are humiliated day in and day out by nagging signs reading “white” and “colored”; when your first name becomes “nigger,” your middle name becomes “boy” (however old you are) and your last name becomes “John,” and your wife and mother are never given the respected title “Mrs.”; when you are harried by day and haunted by night by the fact that you are a Negro, living constantly at tiptoe stance, never quite knowing what to expect next, and are plagued with inner fears and outer resentments; when you are forever fighting a degenerating sense of “nobodiness”—then you will understand why we find it difficult to wait. There comes a time when the cup of endurance runs over, and men are no longer willing to be plunged into the abyss of despair. I hope, sirs, you can understand our legitimate and unavoidable impatience.

🔗 Connect with the Hosts:
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Goodbye 2023. Hello 2024. Robert and Lindsey rundown a handful of opinions and appellate rule changes from December.

D.A.N. v. State, 1st DCA (attorney sanctions).
Lapham v. Walgreens, 11th Cir (retaliation claims under the FMLA and Florida’s private sector whistleblowers act).
Orozco v. Rodriguez, 6th DCA (standing to seek paternity determination). 
Seadler v. Marina Bay Resort Condo. Assoc., Inc., FSC (relief from erroneous denial of cause challenge). 
McGothin v. McDonald, 5th DCA (claim for punitive damages).
Ramos v. Steak N Shake, Inc., 2d DCA (pleading standard under FCRA). 
Florida BC Holdings, LLC v. Reese, 6th DCA (impact rule).
In re: Amends. to Fla. R. App. P. 9.020 & 9.400.  
In re: Amend. to Fla. R. App. P. 9.130. 

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Send your questions, comments, and feedback to [email protected].

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on 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.

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

In April 2023, Dr. Ellen Hendriksen joined Robert to discuss Imposter Syndrome and how it can negatively affect your mental health. Dr. Hendriksen is back to kick of the new year. She sat down with Robert to talk about how overidentification and perfectionism can diminish your self-worth.

Dr. Hendriksen is a clinical psychologist. She serves on the faculty at Boston University's Center for Anxiety and Related Disorders (CARD) and is the author of How to be Yourself: Quiet Your Inner Critic and Rise Above Social Anxiety. She earned her Ph.D. at UCLA and completed her training at Harvard Medical School.

You can follow her work at ellenhendriksen.com. And she has a wonderful substack: How to be Good to Yourself When You’re Hard on Yourself.

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Send your questions, comments, and feedback to [email protected].

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on 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.

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