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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. Rhonda Boggess, who recently obtained her Board Certification in Appellate Practice by The Florida Bar, was named as one of the top-rated Jacksonville Appellate Attorneys. This is the fifth consecutive year she has received the designation as well. 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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Bo Boyd Named ALFA International Workers’ Comp Practice Group Chair

Bo Boyd Named ALFA International Workers’ Comp Practice Group Chair

About ALFA International:  ALFA International is the premier global network of independent law firms. Founded in 1980, ALFA International was the first and continues to be one of the largest and strongest legal networks. With 150 members firms throughout the world, their 80 U.S. firms maintain offices in 95 of the 100 largest metropolitan areas. Their 70 international firms are located throughout Europe, Asia, Australia/New Zealand, Africa, Canada, Mexico and South America. ALFA International’s mission is to use relationships to provide high quality, cost-efficient legal services wherever clients need them. The ALFA International model enables members to use their local expertise to deliver highly effective legal solutions, often drawing upon the collective wisdom and experience of other member firms. ALFA International clients benefit from a geographically comprehensive network of exceptional law firms and accomplished trial and business counsel. Member firms meet high standards to be part of the ALFA International network and are well respected by their peers in the legal and business community. Taylor Day is proud to be a member of this premier global network.

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Chris Mueller Selected to Co-Host 2020 ALFA International Construction Law Seminar

Taylor Day is pleased to announce that shareholder, Chris Mueller, has been named as one of two co-program chairmen for the ALFA Construction Practice Group.  He will be co-hosting the 2020 ALFA International Construction Law Seminar with John Watt, trial attorney for Baker Sterchi.  ALFA programs are developed by ALFA member attorneys with participation by both clients and members. About ALFA International: ALFA International firms are selected by a rigorous, invitation-only process, then carefully evaluated based on numerous factors, such as: Number and range of practice areas including litigation and trial experience; Quality and diversity of client base; Commitment to client service and diversity; Profiles of practice area leaders and other key lawyers; Reported cases, transactions and other matters; and Awards, recognitions and memberships received or maintained by key lawyers. ALFA International’s memberships are exclusive. Only one law firm represents the ALFA network in each metropolitan area, state, or country. Taylor Day is proud to be the ALFA International representative firm for the Jacksonville area. Through their partnership, ALFA firms exchange non-privileged legal research, consult on trial and transaction strategies and facilitate the pooling of knowledge and resources to host multi-day, practice-specific educational seminars. Taylor Day not only utilizes the resources available through ALFA International to assist clients with their litigation needs, irrespective of the jurisdiction the litigation arises, but to also educate clients on updated case law relevant and specific to their business practice.

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Reed Grimm & Chris Mueller Named Construction Lawyers Society of America Fellows

Reed Grimm & Chris Mueller Named Construction Lawyers Society of America Fellows

Taylor Day is pleased to announce that Construction Practice Group Leaders Reed W. Grimm and Christopher J. Mueller have been selected and accepted the invitation to join the Fellowship of the Construction Lawyers Society of America (CLSA). The CLSA is an invitation-only, international association of preeminent lawyers specializing in, and dedicated to, promoting advocacy and ethical standards in construction law and related fields.  Attorneys are invited into Fellowship upon a proven record of excellence and accomplishment in construction law at both the trial and appellate levels, as well as superior ethical reputations. Reed and Chris have been recognized as SuperLawyers™ by Florida’s Legal Elite and both are peer-ranked AV-Preeminent, the highest ranking designation by Martindale-Hubbell. Additionally, both are also Board Certified by the Florida Bar Board of Legal Specialization and Education in construction law, a distinction that is unique to less than 400 attorneys in the state.  Chris was also recently appointed to the Construction Trades Qualifying Board by Mayor Lenny Curry, which was confirmed earlier this week by the Jacksonville City Council.  Congratulations to you both!

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Taylor Day Teams Up with Berkshire Hathaway In 19th Annual Backpack Challenge

Taylor Day Teams Up with Berkshire Hathaway In 19th Annual Backpack Challenge

A very special thanks to all the Taylor Day attorneys and staff who, through their support and generosity, were able to fill 35 backpacks to be donated to the 19th Annual Backpack Challenge.  That is in addition to the sizeable box of teacher-related supplies collected for donation.  The drive was organized by attorney, Brandi Londrico, and donated to Berkshire Hathaway Home Services (Avondale-Ortega), who spearhead’s the Backpack Challenge.  Last year, the drive donated over 1,000+ backpacks for distribution to students of all grade levels and this year’s goal was to beat that number.  We hope our donation helps them reach that goal!

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Supreme Court Hears Argument Over Judge’s Facebook Friendship With Attorney

Supreme Court Hears Argument Over Judge’s Facebook Friendship With Attorney

Yesterday the Florida Supreme Court heard arguments on whether a judge should be recused for being Facebook friends with an attorney appearing in front of her. A Miami law firm sought to disqualify Circuit Judge Beatrice Butchko on grounds that she was Facebook friends with an attorney representing the opposition. Judge Butchko refused to recuse herself and the matter was appealed to the Third District Court of Appeal. The Third DCA likewise refused to recuse Judge Butchko, finding a “friend” on a social networking website is not necessarily a friend in the traditional sense of the word. The Florida Supreme Court took on the issue given the important overarching theme – the possibility of the appearance of impropriety between the court and a party appearing before it. Justice Canady appeared to agree with the Third DCA when indicating, “Facebook friends frequently are friends of a friend of a friend of a friend of a friend,” before stating just participating in a network such as Facebook should not de facto lead to disqualification. But Justice Pariente warned participating in Facebook can be a danger leading to disqualification and the wiser course is not to have “lawyers as friends.” While certainly avoiding the appearance of impropriety is critical to a fair justice system, that must be balanced with benefit of networking between attorneys and judges. Judges and attorneys in Jacksonville frequently network at Jacksonville Bar Association and other civic events, such as Rotary Clubs. The Jacksonville Women Lawyers Association held an event […]

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The Great Fire of 1901

The Great Fire of 1901

THIS DAY IN HISTORY: May 3, 2018 marks the 117th anniversary of the Great Fire of 1901.  The glow from the flames could be seen in Savannah, GA.  The fire claimed many buildings including the second Duval County courthouse.  Ironically, the first Duval County Courthouse, constructed in the 1840s, was also burned to the ground during the Civil War.  Because all real estate records were destroyed in the fire, to this day, real estate deeds in Duval County refer either to “the current public records of Duval County, Florida” or, if the records predate the fire, “the former public records of Duval County, Florida.” It is the only county in Florida for which that is the case.   Learn more about the history of Duval County’s courthouses and the Great Fire of 1901.

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Shareholder, John D. Osgathorpe, Presents At 2018 ALFA International Client Seminar

Successful litigation requires in-house and outside counsel to be synergistic teammates.  Yet because of their nature and “nurturing,” often litigators’ collaborative skills need some rehabilitation to excel as team members instead of operating as a thrown together team of all-stars. Shareholder John Osgathorpe joined ALFA International friends Ashley Kisner (Strasburger & Price), Cate Huff (Gentry Locke), Tamera deWild (O’Reilly Automotive) and Eric Cotton (DDR) to present at the 2018 ALFA International Seminar on Collaboration: Challenges, Benefits and Best Practices.  

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