Taylor Day Law

The Briefing

Taylor Day Welcomes Kenneth A. Tomchin

Taylor Day Welcomes Kenneth A. Tomchin

The law firm of Taylor, Day, Grimm & Boyd is pleased to announce the addition of Kenneth A. Tomchin. With over 30 years of experience, Ken is one of only 18 Jacksonville lawyers certified by the Florida Bar as a Specialist in Business Litigation. Mr. Tomchin has also been selected as a Florida Super Lawyer on multiple occasions, including his most recent selection for 2019. Ken was previously a shareholder of the former law firm of Mahoney, Adams & Criser before founding Tomchin & Odom in the spring of 1997. He is a member of the Florida Bar and is licensed to practice before the United States Supreme Court, the United States Court of Appeals for the Eleventh Circuit, and the United States District Courts for the Middle and Southern Districts of Florida. Ken will continue his business litigation practice for Taylor Day, teaming up with Board Certified Construction Law attorneys, Reed Grimm & Chris Mueller. We are excited to welcome Ken to the team. His skills and knowledge greatly complement our firm’s focus on providing client-oriented legal services.

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Limiting Liabilities of Spaceflight in Florida: A Step Towards Space Tourism?

Limiting Liabilities of Spaceflight in Florida: A Step Towards Space Tourism?

Fifty years ago, the world held its breath as it could hear and see mankind walk upon the surface of another world. Fast-forward to today and a lot has changed: technology, politics, and the space race, but still no casino on the Moon as in Andy Weir’s book Artemis. Even though we have access to over 100,000 times the processing power in our small, half-pound smartphone, as compared to the 70-pound behemoth known as the Apollo Guidance Computer, Commercialized Space, specifically Space Tourism, is still in its infancy. However, that slowly started to change when the United States enacted the Commercial Space Launch Act and retired its Space Shuttle Program. Companies such as Virgin Galactic, SpaceX, Blue Origin, Orion Span, and Boeing (to name just a few) have started the slow ascent into commercializing spaceflight with some even providing launch vehicles to both the government and commercial companies at a reduced cost. In order to keep U.S. companies in competition with the rest of the world, the United States passed the previously mentioned Commercial Space Launch Act (“Launch Act”). The Launch Act requires companies to either obtain third-party liability insurance[1] or show it has the financial responsibility in order to cover third-party claims up to the maximum probability loss (“MPL”) when the company is issued a launch or reentry license by the United State Government. Each MPL is determined on a case-by-case basis; however, the cap is set at $500 million in 1988 dollars. Adjusting to current market inflation, that […]

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WHO’S RESPONSIBLE FOR A CONTRACTOR BEING INJURED OR KILLED ON YOUR COMMERCIAL PROPERTY?

WHO’S RESPONSIBLE FOR A CONTRACTOR BEING INJURED OR KILLED ON YOUR COMMERCIAL PROPERTY?

If you hire a contractor to perform services at your business, you might be interested to know that your legal standard of care is different from the duties owed to a customer.  Of course, when a workplace injury occurs to an employee of an independent contractor on your premises, you probably expect workers’ compensation coverage to be available, and it may be.  However, the existence of workers’ compensation coverage might not preclude third-party liability.  In other words, the premises owner or possessor—regardless of whether you lease or own the premises— may still be liable for the injury. The legal analysis of an injury or death of an employee of an independent contractor on your premises is significantly different than that of a customer. Under Florida law, a premises owner or possessor owes two duties to business invitees, including customers: (1) a duty to maintain the premises in a reasonably safe condition; and (2) a duty to warn of latent dangers. As to an independent contractor, a premises owner or possessor (a lessee) who hires an independent contractor is generally not liable for injuries sustained by that contractor’s employees in performing their work.  That’s true even when the work is dangerous, as long as the risks are disclosed and/or clearly incidental to the work. Of course, every general legal rule has exceptions.  A premises owner or possessor may be held liable for damages sustained by the employee of an independent contractor when (1) the owner or possessor actively participates in or […]

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Ryan W. Reese Attends June 2019, The Florida Bar Aviation Law Committee Meeting

Ryan W. Reese Attends June 2019, The Florida Bar Aviation Law Committee Meeting

Helping clients stay ahead of legal developments is a critical part of our practice. Whether it’s taking advantage of new technologies, serving on committees dedicated to studying new legislation and regulations, to continuously develop our client-specific service offerings, we assist our clients in staying ahead of economic, regulatory and legislative developments. Attorney, Ryan Reese, who was recently appointed by The Florida Bar President, John Steward, is seen here attending last Friday’s The Florida Bar Aviation Law Committee meeting

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Taylor Day Attorneys Named to 2019 Super Lawyers® Lists

Taylor Day Attorneys Named to 2019 Super Lawyers® Lists

Taylor Day is pleased to announce that all of their Florida Board Certified attorneys were named to the 2019 Super Lawyers® list. Shareholders Reed Grimm and Chris Mueller, both Board Certified in Construction Law by the Florida Bar Board of Legal Specialization and Education, were selected as top-rated Construction Litigation attorneys for Jacksonville. This marks the fifth consecutive year each has earned the designation. Super Lawyers® is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. To compile the lists, Super Lawyers® selects attorneys using a patented multi-phase selection process that includes a statewide survey of lawyers, an independent research evaluation of candidates on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The final published list represents no more than 5% of the lawyers in the state.

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Florida’s Expert Witness Standard: Daubert Reigns Supreme (Again)

Florida’s Expert Witness Standard:  Daubert Reigns Supreme (Again)

(This post assumes a general understanding of the Frye and Daubert standards.  For a detailed explainer, click here.) Daubert is again the standard for admission of expert witness testimony and evidence in Florida state courts, displacing the Frye standard.  Daubert limits the admission of so-called “pure opinion testimony” from expert witnesses. Since 2013, Florida’s standard for determining the admissibility of expert witness testimony and evidence has fluctuated.  After decades following the more permissive Frye standard, in 2013, the Legislature amended the Florida Evidence Code by adopting the more robust Daubert standard. Daubert and its progeny had controlled expert testimony in the federal courts and at least 36 state courts for over 20 years. But in response to the Legislature’s amendment, the Supreme Court of Florida concluded, in a rule-making opinion, that the Legislature had infringed upon the Supreme Court’s rulemaking authority by passing the amendment. The Florida Supreme Court explained that the amendment was procedural in nature, and therefore could only be changed by the court. Additionally, after considering the extensive briefings, oral arguments, public commentary, a Report of the Florida Bar’s Code and Rules of Evidence Committee, and extra jurisdictional case law study, the Florida Supreme Court reasoned that that Daubert’s broad applicability to all expert testimony (as opposed to Frye’s limitation to “new and novel” methods) posed “grave constitutional concerns” about access to courts and the expense of litigation on the parties and the judicial system.  The Court’s reasoning seemed at odds with greater than twenty years’ worth […]

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Gov. Ron DeSantis OKs Bill On Assignment of Benefits Reform

Gov. Ron DeSantis OKs Bill On Assignment of Benefits Reform

            After 7 years of failed attempts, Governor Ron Desantis recently signed a bill to reform Assignment of Benefits (“AOB”) in Florida.  In general, AOB agreements allow policyholders to give up their insurance contract rights to third-parties in exchange for quick repairs and relief from the hassle of dealing with claims.             In recent years, many contractors have taken advantage of Florida’s unique one-way attorney’s fee-shifting statute for insurance coverage litigation.  The rule incentivized contractors to, via the AOB mechanism, charge property owners’ outrageous amounts and to then pursue needless, often frivolous, and expensive litigation against insurance companies.             According to the new bill, an AOB must: (1) Be in writing and executed by and between the assignor and the assignee; (2) Contain a provision that allows the assignor to rescind the assignment agreement without a penalty or fee by submitting a written notice of rescission signed by the assignor to the assignee within 14 days after the execution of the agreement, at least 30 days after the date work on the property is scheduled to commence if the assignee has not substantially performed, as at least 30 days after the execution of the agreement if the agreement does not contain a commencement date and the assignee has not begun substantial work on the policy; (3) Contain a provision requiring the assignee to provide a copy of the executed assignment agreement to the insurer within 3 business days after the date on which  the assignment agreement is executed or the […]

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Spotlight Feature: Get To Know Our Newest Partner

Spotlight Feature: Get To Know Our Newest Partner

Yesterday, Taylor Day proudly announced our newest Partner, Nikki Poole. She is today’s spotlight focus. When Nikki’s not practicing law, this wife and mother of two enjoys spending time with her family outdoors. Read on to learn more about Taylor Day’s newest, and first, female partner. What led you to a legal career? As a child and young adult, I always liked to read and write and enjoyed school so I thought I would take a stab at law school. Fast forward 20 years and here I am. What has been your most interesting or memorable case and why? Cases under the Florida Workers’ Compensation Act and the Longshore Act can be pretty interesting. However, in my first couple of years practicing, Bo and I handled a case under the Longshore Act that arose out of September 11. It was factually interesting and also provided me with a quick opportunity to learn numerous tasks from the stage of discovery all the way through an appeal. What are one or two things about you that most people don’t know? Most people already know this but I am a huge pop culture and music junkie and I love karaoke. Most people do not know that I spent time each week pricing and ordering food and planning menus for the Blessings in a Backpack program (through my church).

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Taylor Day Names New Partner

Taylor Day Names New Partner

Taylor, Day, Grimm & Boyd is pleased to announce Tara Nicole “Nikki” Poole has been named as the firm’s newest partner. Nikki has been an associate with the firm since she was admitted to the Florida Bar in 2002. In almost two decades of service at the firm, she has become an important part of the team and history of the firm. Nikki will continue her practice of litigation and defense of claims filed under the Florida Workers’ Compensation Act and the Longshore and Harbor Workers’ Compensation Act. Congratulations!

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