Recent Updates
April 28, 2010
State Must Prove Defendant's Knowledge of Driver's License Suspension
April 13, 2010
Sentencing Commission Votes to Eliminate Recent Criminal History Points
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
October 14, 2009
Making phone calls to get drugs for personal use not a felony
October 07, 2009
Duval County schools agree to reduce number of students getting arrested
Archives
Civil
Court cracks down on Improper Comments by Insurance Company Lawyers
October 28, 2008
We have several lawsuits filed against companies and individuals who have insurance. The insurance carriers will provide counsel, but often at trial, counsel either hints at or directly misleads the jury into thinking that the person or company directly hired counsel. In Holenbreck v. Hooks, 33 FLW D2027, 2008 WL 3861350 (Fla 1 DCA 2008) counsel for the insured said"I'm a consumer justice attorney, and I represent John Hooks, a merchant marine, not some fancy company, not some conglomerate."
The court overruled the objection of the Plaintiff's counsel and allowed the trial to continue. Eventually, the Defendant prevailed. On appeal, the First District Court of Appeal ruled that the statements were misleading, harmful, and ordered a new trial. This is helpful in the civil litigation arena, as well as the personal injury area as well. The courts in the First District, which includes most all of Northeast Florida, will now required to limit these tactics by insurance attorneys and help level the playing field for the true consumer justice attorneys.
