The United States Court of Appeals for the Eleventh Circuit has announced the opening of two positions for the Middle District of Florida, one in Orlando and one in Jacksonville. Learn more here.

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Now that the 2020 elections have concluded, the Legislature has turned their focus to the 2021 Legislative Session. A constitutionally mandated Organizational Session was held on November 17, 2020. The purpose of the Session organizes the chambers by electing its presiding officers, swearing in newly elected and returning legislators, and by officially adopting the House and Senate rules. The 2021 Regular Legislative Session is scheduled to commence on March 2, 2021. The 60-day regular session will conclude on April 30. In addition, the House and Senate created new committees to address the COVID-19 pandemic. The new committees will review and make policy recommendations related to COVID-19 liability protection, health care delivery during the pandemic, emergency response and emergency orders. For more information about the BLS Legislative program please visit our website.

By Chioma Deere

Attorneys may represent their clients in the limited circumstances of responding to a served subpoena. In those cases, preservation subpoenas should be treated as though it is a standard discovery request, with an explanation to the client about the scope and parameters of their obligations to preserve and respond to the subpoena. Most importantly, it should be noted that this type of request has a start and end time. Preservation procedures and response to the subpoena, including production of any responsive materials, are all required when representing a party under these circumstances.

Florida Courts have established that under the Rules of Civil Procedure subpoena rule, there is a duty to preserve evidence upon a properly served discovery request such as a subpoena. However, there is a big difference in the preservation obligation of a party and a non-party. For a non-party, this duty ends upon compliance with the subpoena.

The most recent case affirming this standard is the Fifth DCA case, Shamrock-Shamrock, Inc. v. Remark, 271 So.3d 1200 (Fla. 5th DCA 2019). In that matter, the Plaintiff, a party to an underlying case, brought a separate cause of action for spoliation against Remark for destruction of evidence prior to Shamrock serving Remark with a subpoena.

As to duty, Florida courts have held a duty may arise in third-party spoliation cases based on the existence of a contract, statute, or properly served discovery request. See, e.g., Gayer, 970 So. 2d at 426 (“Because a duty to preserve evidence does not exist at common law, the duty must originate either in a contract, a statute, or a discovery request.” (citing Royal & Sunalliance v. Lauderdale Marine Ctr., 877 So. 2d 843, 845 (Fla. 4th DCA 2004))). However, neither the Florida Supreme Court nor Florida’s intermediate appellate courts have imposed a common law duty on a third party to preserve evidence based on foreseeability, or even actual knowledge, of litigation.

Rian Balfour, Health Law

Brian Barakat, Business Litigation

Brian Beason, Civil Trial

Joelle Bordeux, Business Litigation

Danielle Brennan, Condominium and Planned Development

Kevin Brick, Business Litigation

Justin Carlin, Business Litigation

Christopher Denicolo, Wills, Trusts and Estates

Kristin Drecktrah Paz, International Litigation & Arbitration

William Hill, International Litigation & Arbitration

Maja Lacevic, Health Law

Jorge Mestre, International Litigation & Arbitration

Oliver Ruiz, Intellectual Property Law

Grant Smith, International Law

Samuel Wells, Business Litigation

Did you miss this series? It's now available on demand on our website.

Part 1 - State of the State, Business Law and Real Property Case Update

Part 2 - Intellectual Property and Computer and Technology Law Case Update

Part 3 - Bankruptcy/UCC Case Law Update and Corporations, Securities and Financial Services Case Law Update

What is your favorite holiday movie? My favorite holiday movie is definitely Elf.

 Grammy’s Potato Pancake Recipe

 2 eggs

1 small onion

1 teaspoon salt

2 tablespoons flour

¼ teaspoon baking power

3 cups raw potatoes cut into cubes

Oil for frying

Paper bags for draining some oil off

Put all of the ingredients (except for the oil) into a blender and blend until smooth. Heat oil in a frying pan like a cast iron skillet (she used Crisco; I prefer a lighter oil like vegetable or canola oil). Use a spoon or ladle to add batter to hot frying pan. Use less batter if you like thin latkes and more if you like thicker. Fry until golden or dark brown on each side. Remove from pan and let drain on paper bags. Serve while hot with apple sauce or sour cream. Enjoy and Happy Hanukah!