In 1923, the United States introduced the Frye standard to determine the admissibility of scientific evidence in a court of law. In Frye v. United States, the Circuit Court of Appeals for the District of Columbia ruled that for the results of a scientific test to be admissible, the test […]
Featured in the May 2019 Issue Partner’s Perspective: Spring Cleaning for Your Business Jimerson Birr welcomes former Assistant State Attorney Samuel B. Friedman to the firm Two upcoming special events from Jimerson Birr New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.
A sweeping insurance reform bill was signed into law by the Governor on May 23, 2019. The law creates two entirely new sections in Chapter 627 of the Florida Statutes, which governs Insurance Contracts. The bill creates Section 627.7152, Florida Statutes, which regulates assignment agreements that are regularly known in […]
Winning a judgment is a lot different than collecting on a judgment. A properly perfected judgment will create a lien against real property owned by the losing party (“judgment debtor”[1]) in the amount of the judgment. Section 55.10(1) of the Florida Statutes provides that when a certified copy of the […]
One of the most challenging aspects of effectively running and operating a condominium association is the constant turnover in board membership and the inconsistency this creates concerning rules enforcement. Most association board seats are up for reelection every one to two years. When members decide to run for the board, […]
Over the past few years each legislative session in Florida seems to generate new laws that impose various requirements on local governments. Some are labeled “unfunded mandates” and others are described as an assault on “home rule”. But as bad as those things sound, the reality is that most state […]
According to NOAA, Florida has over 8,400 hundred miles of coastline. That is second only to Alaska. Since 2000, 79 tropical or subtropical storms have impacted the state of Florida. Many of us cringe when we hear the names Floyd, Bonnie, Florence, Ivan, Dennis, Irma, Matthew and Michael. Collectively, these […]
Pursuant to Florida’s construction lien law, an owner of real property who contracts for improvements to the property is subject to construction liens against the property. However, the lien law is somewhat unique for commercial properties, as the commercial landlord and the tenant can both be considered owners of the […]
Florida’s Banking Statutes of Frauds was enacted in order to curb a 1980s trend of increasing lender liability lawsuits. The enactment of this statute makes it difficult for plaintiffs to maintain tort-based claims that might otherwise flow from the written loan documents. Typically, such claims involve oral promises pertaining to […]
This article provides a high level overview of the The Fair Credit Reporting Act, including its statutory authority and the goals of the Act. The article examines what steps a furnisher of information, like a bank, credit union, or credit card company, should take when it receives a dispute. Finally, […]