The Briefing

With the recent wave of sexual harassment claims involving high profile public figures, and the extensive social and media coverage of this issue, is it possible any longer for employers and insurers to defend these claims successfully?  “Defending Sexual Harassment Claims,” the second article of a three-part series released by ALFA International and based on course materials from the 2018 ALFA International EPL & Professional Liability Seminar, explores current trends in sexual harassment litigation, the difficulty of “trying your case in the media,” and offers practical advice on dealing with this hot-button issue.   Click to view article. 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 […]

ALFA International has released several articles based on course materials from the 2018 ALFA International EPL & Professional Liability Seminar.  Shareholder, Reed W. Grimm, moderated one of the panels discussing current trends and critical issues in Professional & Employment Practices Liability and Insurance.  Written by ALFA International Attorneys, these articles focus on timely and relevant topics regarding labor and employment.  The first article of the series, “The Interplay between the FMLA and ADA,” discusses the interplay between the FMLA and the ADA, and how employers can manage these complex laws.  It also addresses a few specific, complicated problems that employers face when responding to FMLA and ADA-related leave requests.  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 […]

Taylor Day is proud to announce the newest addition to the firm, Michael J. Cox.  Michael previously worked as a contract attorney for a nationwide veterans’ non-profit organization and as a litigation attorney for a large insurance defense firm.  Though his practice will focus on construction law, Michael has extensive litigation experience in a variety of practice areas, including premises liability, negligent security, legal malpractice defense, medical malpractice defense, personal injury, real estate agent/broker errors and omissions, insurance agent/broker errors and omissions, non-profit law, legislative/governmental relations, and administrative law.  He is a tremendous addition to our great team and we welcome him to the firm! Learn more about Michael.

ALFA International recently published their 2018 Construction Law Compendium, which covers various aspects of Florida construction law.  Selected to inclusion was an article written by Amanda Ingersoll.  Amanda is part of the Firm’s Construction Litigation Team and has represented clients at trial and at appellate level for claims associated with the planning and development of various projects including family residences, condominium developments, commercial buildings, and roadway projects.  View her complete bio. 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. ALFA_Compendium_2018-Florida

Congratulations to Reed Grimm and Chris Mueller, both of which were selected for inclusion to the 2018 Florida Super Lawyers list.  Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, 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. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. For more information about Super Lawyers, visit SuperLawyers.com.

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 […]

The 2nd DCA recently ruled in favor of State Farm Mutual Automobile Insurance Company in a long-awaited decision!  In State Farm Mutual Automobile Insurance Company v. MRI Associates of Tampa, Inc., d/b/a Park Place MRI, No. 2D16-4036 (Fla. 2nd DCA May 18, 2018), there was a dispute regarding how much should be paid for MRIs performed on State Farm insureds after motor vehicle accidents.  The case stems from 19 MRI claims resulting from motor vehicle accidents in 2013 where the insured had Personal Injury Protection (“PIP”) coverage with State Farm.  State Farm paid the submitted bills pursuant to its policy language, which allows State Farm to limit the payments to the schedule of charges.  Despite the clear language of the policy, the MRI provider challenged the reduced charges, arguing that State Farm’s policy did not properly notify the insureds of its election to pay bills via the schedule of maximum charges. According to the opinion, “[t]he circuit court ruled that State Farm’s personal injury protection (PIP) policy failed to clearly and unambiguously elect to limit reimbursement payments to the schedule of maximum charges” described in the No-Fault statute.  The 2nd DCA reversed that holding, and found that the express language of State Farm’s PIP policy clearly and unambiguously elected to limit reimbursement payments for medical expenses to the schedule of maximum charges pursuant to the No-Fault statute. Although we are pleased the 2nd DCA took the correct position regarding State Farm’s policy language and an insurer’s right to limit reimbursement […]

Never one to shy away from a good argument, joining her high school debate team was an easy choice. She went on to obtain a B.A. in English Literature from Florida State University, but there was never a doubt. “I loved debating and knew I wanted to be an attorney. I never considered anything else.” While in law school, Jackie served as the Editor-in-Chief for the Florida State Business Review and was also the founding president of the Business Law Society. After graduation, she became involved with several professional affiliations, including the Jacksonville Bar Association Young Lawyers Section. There she reconnected with (and later married) fellow law student, Brett Mereness. Sharing her creative passion and sense of adventure, Jackie and Brett recently returned from a once-in-a-lifetime trip to Iceland, where they travelled the infamous Ring Road, an 800-mile route that encircles the country. “It was a truly unforgettable, once-in-a-lifetime experience. Cell phone service was non-existent in many areas so you were forced to unplug. Some of the towns we stopped in had less than 200 residents and it really gave you an opportunity to immerse yourself in the local culture.” Jackie transfers her enthusiasm in learning about local culture to her clients, developing unique perspectives on each client’s situation and how best to advocate for them. Since joining the firm, Jackie has become an intricate part of Taylor Day’s Personal Injury Protection litigation team and utilizes her love of debate when conducting hearings, mediations and depositions, which she states is […]

On Thursday, May 4th, 3rd grade Seabreeze Elementary students participated in the Jacksonville – Top to Bottom tour.   Lead by “Andrew Jackson” (fun fact: Jacksonville was named after him), students learned about the history of the River City while exploring a secret underground tunnel under Hogan and Forsyth street.  The students then had an opportunity to explore the “top” of Jacksonville as Taylor Day welcomed the students to tour the firm.  Among other fun history facts, students also learned that Aristotle, Plato, Sir Isaac Newton and Shakespeare all have their faces carved into the columns of the old public library building and how Jacksonville was once home to over 26 Hollywood movie companies.  

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.