STU Moot Court Blog
The St. Thomas Moot Court Board has decided to implement “Moot Court Mondays”. Our members are to research recent Florida Supreme Court opinions or Florida District Courts of Appeal opinions and pick an opinion they are interested in writing about. The blog post is brief but comprehensive to help practitioners have notice/knowledge about the recent decisions on issues that may be useful for their cases.
Upon Deaf Ears: Understanding 3M’s Invocation of the Government-Contractor Defense
3M corporation, long a staple of American industry, has recently been rocked by a string of lawsuits related to defective earplugs it sold to the U.S. military in what has been termed the largest multi-district litigation in U.S. history.1 As of the writing of this...
To Die in A Pastor’s Arms
The Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000, provides that no substantial burden can be imposes on the religious exercise of a person, including state prisoners, unless the imposed burden is in furtherance of a compelling governmental...
Google v. Oracle Ruling Could Change Software Development Forever
Android, built on Java software code, provides power to a majority of the mobile devices in the world. Android was developed and run by technology super house Google. Google states that they used elements of this Java code for operations. This methodology, originally...
When the Court gives you the Lemon Test, Make a Lemon Aid?
The Establishment Clause is a clause that comes from the First Amendment of the United States. The First Amendment states that “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom...
COVID-19 is no Longer a Viable Claim for Avoiding Jail Time in Florida Without the Use of Substantial Evidence of Underlying Medical Conditions.
Covid has brought about many changes in the United States legal system, specifically in the context of incarceration. In this recent opinion the Defendant, Mr. Jones (“Mr. Jones”), was convicted pursuant to Criminal Punishment Code Scoresheet, Florida Rule of Criminal...
Juvenile Representation is Changing; Time to Shepardize the Law
On February 3, 2022 the Supreme Court of Florida approved proposed amendments to the Florida Rules of Juvenile Procedure; and it seems more change is coming from the legislature. The new trend is showing a broadening of rights and protections for juveniles. Among the...
Going Paperless: Changing the Way Attorneys Submit Advertisements for Review
New business is a key factor to any attorney’s success—and finding unique ways to reach potential new clients is essential. When it comes to advertising, however, attorneys must follow the rules provided by the Florida Bar. Specifically, Rule 4-7.19. New and...
Supreme Court of Florida Approves New Florida Bar-Rule 3-7.18
The Florida Bar’s Special Committee on Examination of Judicial Referral Process was assigned to create the most effective and efficient process to address judicial referrals of lawyer misconduct. Rule 3-7.18 of the Rules Regulating the Florida Bar was amended to...
The Retroactive Application of The Stand Your Ground Burden of Proof is Harmless
The State of Florida is well-known for its Stand Your Ground law. The essence of the Florida law is recited throughout the country as the controversy on the topic continues to grow. The procedural limitations of Florida’s Stand Your Ground law, however, are not as...
Life or Death: The Importance of Procedural Compliance
Recently on October 4, 2021, the Florida Supreme Court heard oral arguments on appeal in the case of Mark Sievers. Sievers was convicted in December 2019 of the brutal first-degree murder of his wife. A Lee County jury recommended the death sentence for Sievers, and...
Florida applies a fair version of the Apex Doctrine
The “apex doctrine” protects high level officers from the risk of abusive discovery. Prior to the opinion issued by the Florida Supreme Court in the case of In re: Amendment to Florida Rule of Civil Procedure 1.280, Florida Courts applied the “apex doctrine” to...
Alumni Newsletter
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