Taylor Day Law

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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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Misuse of the Declaratory Judgment Act: When Declaratory Judgment Actions are Brought in Conjunction with an Action for Breach of Contract

Misuse of the Declaratory Judgment Act: When Declaratory Judgment Actions are Brought in Conjunction with an Action for Breach of Contract

In situations where a plaintiff has asserted a cause of action against an insurance carrier for breach of the insurance contract and declaratory relief, the declaratory action is frequently based upon the same underlying facts and alternatively seeks a declaration that the contract was breached by the insurer. Thus, courts are left to make the same determination in the declaratory judgment action as the determination sought in the breach of contract action – whether or not the carrier breached the contract by denying coverage that was otherwise available.  Under Florida’s declaratory judgment act, [t]he circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed. No action or procedure is open to objection on the ground that a declaratory judgment is demanded. The court’s declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment. The court may render declaratory judgments on the existence, or nonexistence: (1) Of any immunity, power, privilege, or right; or (2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action. § 86.011, Fla. Stat. However, “disputed questions […]

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2019 OneJax Humanitarian Awards

2019 OneJax Humanitarian Awards

Julia “JuJu” Taylor, wife of founding member John Taylor, was one of the honorees of last night’s 2019 OneJax Annual Humanitarian Awards Dinner, which honors individuals who have made a significant humanitarian contribution to their communities. In addition to being a sponsor, several of our attorneys were on hand to show their support, including John Osgathorpe, David Gagnon, Bo Boyd, Marsa Beck, Victoria Armstrong, Ryan Reese and Ryan Treulieb.

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Attorney Ryan Treulieb Participates in Citizenship Day

Attorney Ryan Treulieb Participates in Citizenship Day

This past weekend Attorney Ryan Treulieb participated in Citizenship Day, a community event that assists families applying for U.S. Citizenship. This annual event is organized by Florida Coastal School of Law, of which Ryan is an alumnus. Over a hundred people showed up to the event, with 40 different attorneys from various law firms, as well as some of the Florida Coastal law student participating. His wife Natalia, who immigrated from Brazil three years ago, also joined him to aid those needing a Spanish or Portuguese translator. Though the event is over, Ryan will continue helping the family pro bono through the rest of the process until they become U.S. citizens.

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Taylor Day Sponsors 6th Annual Run With A Mission

Taylor Day Sponsors 6th Annual Run With A Mission

Taylor Day is proud to be one of the sponsors for the 6th Annual FSM Run With A Mission. This event supports Faithful Servant Missions in providing for the needs of children in Costa Rica. Attorneys David Gagnon (and kids), Bo Boyd, Victoria Armstrong and Paralegal Clarissa Langford also participated in the Run. For more information on FSM, please visit www.fsm4u.org.

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