Zone of Risk

Co-host, Jennifer Opiola, joined Robert to review a handful of opinions from September dealing with a variety of important issues: 

• Monarch Claims Consultants, Inc. v. Cliff Fleming, et. al., (6th DCA) (venue selection clause; severability). 
• Synergy Contracting Grp., Inc. v. Homeowners Choice Prop. & Cas. Ins. Co., Inc., (2d DCA) (fraud on the court).
• Universal Pro. & Cas. Ins. Co. v. Navlen, (4th DCA) (admissibility of expert testimony). 
• T.I.O. Med. Intervention, LLC . Liberty Mut. Fire Inc. Co., (4th DCA) (PIP out-of-state policies). 

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

Adam Feldman, the creator of Empirical SCOTUS, joined Robert to discuss some of the major cases before the Super Supremes this term, including U.S. v Rahimi - a high-stakes Second Amendment case that could radically undercut DOJ's ability to prosecute certain firearm offenses. 

• CFPB v. Community Financial Services Association of America
• Acheson Hotels v. Laufer 
• Lindke v. Freed
• O'Connor-Ratcliff v. Garnier
• U.S. v. Rahimi
• Loper Bright Enterprises v. Raimondo
• Moore v. U.S. 

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. 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

FREE CLE: The course number is provided towards the end of the episode.

As a lawyer, you have likely participated in mediation. And you have probably seen mediation breakdown. Why? Was your case right for mediation? Were you prepared? Did you prepare your client? What are the keys to successful mediation?

Rodney Romano, the founder of Matrix Mediation, LLC, joined Robert to discuss these topics and more. Rodney is one of the most sought-after neutrals in Florida. He has served clients throughout the state in more than 6,000 dispute resolution proceedings. Rodney has been a member of the Florida Association of Professional Mediators since 2007, and he served as the association's president-elect from 2015 - 2017.

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. 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

What is the Shadow Docket? Why has it become a hot topic of late? And what do Shadow Docket orders tell us about the Court and how it picks and decides issues?

Professor Stephen Vladeck of The University of Texas at Austin School of Law joined Robert to discuss his new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. Professor Vladeck is the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law and is a nationally recognized expert on the federal courts, constitutional law, national security law, and military justice.

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. 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

There is something for everyone on this episode. Robert and Lindsey breakdown the following cases:

Stephens v. Stephens, 1st DCA (excusable neglect).
Manheimer v. FPL, 3d DCA (punitive damages); Long v. Kroppke, 4th DCA (same).
Goldstein v. UCF Bd. of Trs., 6th DCA (sovereign immunity).
Scott v. State, 4th DCA (1st Amend.).
TKH Coastal Prop. v. Talcor Grp., Inc., 5th DCA (appellate attys’ fees).
State Farm v. Advanced X-Ray, 3d DCA (SMJ).
Kawsar v. Alhamdi Group, LLC, 5th DCA (SMJ).
State v. Wallin, 2d DCA (knock & announce).
McConico v. Morgan’s Mill Prop. Owners Ass’n, Inc., 6th DCA (injunctions).
US. v. Moore, 11th Cir. (“confinement” for purposes of rule 609).
Brooks v. Miller, 11th Cir. (SMJ).
Hopkins v. Hosemann, 5th Cir. (8th Amend.; voter disenfranchisement).
Grell v. Lopez, 9th Cir (2nd Amend.).
In re: Amends. to Fla. Fam. L. R. P. 12.070, 12.280, & 12.340, FSC (effective 10/1/23).
In Re: Amends. to Fla. Fam. L. R. P. 12.285(c), FSC (effective 11/1/23).

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.   

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

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

PIP law guru, Jennifer Opiola, joined Robert to explain several important PIP opinions from July and August. She also highlights new caselaw applicable to all civil litigation.   

• Stiwich v. Progressive Amer. Ins. Co. and Parsons, 2d DCA (PFS and confession of judgment).
• State Farm v. Advanced X-Ray Analysis, Inc., 3d DCA (summary judgment; timelyness).
• Rodriguez v. The Responsive Auto Ins. Co., 3d DCA (policy rescission).
• Accident911 Help Med. Ctr. Corp. v. Direct Gen. Ins. Co., 3d DCA (motion to intervene).
• Safco Ins. Co. of Ill. v. MD Now Med. Ctr. Inc., 4th DCA (unlisted modalities).
• Clearcare, LLC. v. Granada Ins. Co., 4th DCA (summary judgment).

Mentioned but not discussed: Century-National Ins. Co. v. Frantz, 2d DCA (dec actions; default judgment).

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. 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

Gabe Roth, the executive director of Fix the Court, joined Robert to talk about six proposed fixes to the federal judiciary. Fix the Court is a non-partisan, 501(c)(3) that advocates for non-ideological fixes to the federal courts, and particularly the Super Supremes, that would make the courts more accountable to the American people. 

Summarily is giving away a reMarkable™ 2 tablet. This digital tablet replaces your paper notebooks and printed documents. It is a next-generation tablet for taking notes, reading, and reviewing and editing documents. The tablet includes a folio and e-marker.

This giveaway (rules below) is possible thanks to Levine Kellogg Lehman Schneider and Grossman LLP.  LKLSG is one of Florida's premier boutique litigation firms. The firm specializes in complex commercial litigation, including receiverships, class actions and bankruptcy. If you are looking for a firm that specializes in sophisticated litigation, contact LKLSG at [email protected] or visit their website at LKLSG.com.

RULES: To have a chance at winning the reMarkable™ 2 tablet, listen for the two "hidden words" in this episode and email both correct hidden words to  [email protected]. Include your name, email address, and phone number. If you provide the two correct hidden words, your name will be placed into a raffle for the tablet. Only one person can win, and only one tablet will be given away. You must submit your email with the two correct hidden words no later than 11:59pm (eastern time), Tuesday Sept. 12, 2023. Along with the tablet, you will also receive reMarkable’s connect subscription free for one year. Future subscription costs may vary and are not included as part of this give away. Summarily’s host, co-hosts, guests, and individuals employed by LKLSG are ineligible.

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. 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 the Netflix documentary, Victim/Suspect, investigative reporter Rachel de Leon chronicles a surprising number of cases nationwide involving women who report alleged sexual assault to police, only to be accused of fabricating the allegations. These women are then charged with crimes and sometimes face years in prison. Rachel and the films director, Nancy Schwartzman, join Robert to talk about what they found, the crushing consequences for women who are treated as suspects, and the ways in which law enforcement turn the tables on rape victims.

Find Victim/Suspect on Netflix. Rachel de Leon is an investigative reporter and producer for Reveal. She is a three-time Emmy Award winner. Nancy Schwartzman is an award-winning documentary filmmaker and a member of the Directors Guild of America and the Academy of Motion Pictures and Sciences.

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. 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

Scott Westheimer began his term as President of The Florida Bar in July. He joined Robert to talk about his major initiatives including analyzing, enhancing, and improving the Bar’s disciplinary system; providing members with free trust accounting software; strengthening the Bar’s relationship with local bar associations, and assessing the use of technology in the practice of law. 

Services provided by The Florida Bar:  

• Health & Wellness Center: a free and completely confidential service that connects members with professional counselors.
• Counsel to Counsel: a first-of-its-kind mentoring program designed to pair new lawyers with those who are more established in their careers.
• Legalfuel: provides members with resources to help run the business side of their law practices.
• Lawyers Advising Lawyers: LAL is a free service offered to all members of The Florida Bar who may need advice in a specific area of law, procedure, or other legal issue.

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. 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

David Weinstein, a partner at Jones Walker, joins Robert to talk about the indictment of Donald Trump in DC for alleged criminal conduct leading up to the riot at the Capitol on Jan. 6th. David and Robert discuss the charges against Trump as well as motions and orders in the DC and FL cases. 

David handles corporate compliance and white-collar defense at Jones Walker. Before joining the firm, he served as an Assistance U.S. Attorney in the SDFL for 10 years.

Indictment (DC)

DOJ Motion for Protective Order (DC)

Judge Chutkan’s Order on DOJ’s Motion (DC)

DOJ’s Motion for Garcia Hearing (FL)

Judge Cannon’s Order of DOJ’s Motion (FL)

Thank you for listening. Please share the podcast with your friends and colleagues. Send your questions, comments, and feedback to [email protected].

Summarily is supported by The Law Office of Scott N. Richardson, P.A.

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