Registration now open for the 11th Annual Intellectual Property Symposium
This year's Intellectual Property Symposium will be virtual and will feature a series of case study panel discussions covering a wide range of intellectual property topics, including preliminary relief, ethical and e-discovery issues, and damages in IP litigation. Panel discussions will include employee mobility issues arising from the potential sweeping changes to Florida’s and other states’ non-compete laws, the impact of artificial intelligence on IP-related issues, and the Romag Fasteners v. Fossil case which discussed the issue of trademark damages.
Foundation revives ONE campaign to encourage pro bono work
In the latest volume of Speaking of Justice, The Florida Bar Foundation discusses the ONE Promise Campaign being spearheaded by our own Judge McEwen and Kathy McLeroy, BLS Second Vice Chair of Pro Bono Committee.
For practitioners in the Eleventh Circuit, Barmapov v. Amuial, __ F.3d __, 2021 WL 359632 (11th Cir. 2021), should serve as both a cautionary tale and a guide to avoid the forbidden shotgun pleading.
Attorneys well know that the ultimate penalty for filing a shotgun pleading in the Eleventh Circuit is dismissal. Courts do not view the pleading requirements as an emphasis of form over substance. Rather, shotgun pleadings adversely impact every stage of litigation, from discovery all the way to appeals, and courts seldom tolerated them. Despite decades of case law, the problem is so prevalent to warrant the Eleventh Circuit’s recent publication of the Barmapov opinion.
In the words of Judge Tjoflat in his concurring opinion in Barmapov, the Eleventh Circuit’s latest decision should hopefully “serve as a guide for lawyers who truly seek to vindicate their client’s rights.”
A Primer on the Shotgun Pleading
Largely unique to the Eleventh Circuit, a shotgun pleading is one that lacks sufficient clarity to allow the adversary fair notice of the claims or defenses against them. A shotgun pleading will therefore violate FRCP 8(a)(2), FRCP 10(b), or both, and it is described notoriously as “calculated to confuse the enemy” and the court.
Interested in getting more involved with the Business Law Section? Kacy Donlon, our chair-elect, is putting together her slate for 2021-2022 committee leaders. Contact Kacy for more information.
The Florida Supreme Court Committee on Standard Jury Instructions—Contract and Business Cases is seeking applicants for service on the Committee beginning on July 1, 2021. Candidates with significant trial or appellate experience are encouraged to apply. Current or former Judges are especially encouraged to apply. Members are expected to attend regularly scheduled meetings. Additionally, the Committee’s work requires that members view instructions objectively, making every effort to prepare balanced instructions that do not favor their own practice areas.
Completed applications should be submitted by email to the Chair of the Committee, Honorable Paul Huey, at hueypl@fljud13.org, and a copy to the Florida Bar liaison for the committee, Mikalla Davis, at midavis@floridabar.org. The application deadline is April 30, 2021.
See the case through the eyes of your decision makers – the jurors. Well-conducted interactive focus groups will help you analyze case selection, themes, claims, defenses, and evidence to make your case better, and is a powerful trial strategy that provide feedback that is critical to trying a winning case.
