Causes of Action

Can You Sue the South Florida Fair in West Palm Beach?

According to a recent appellate court opinion, a person can sue the South Florida Fair for personal injuries, but only up to the sovereign immunity limit. In South Florida Fair and Palm Beach County Expositions, Inc. v. Widley Joseph, the appellant (Joseph) was seriously injured at the fair and sued …

Social Media

New Rules for Juror Internet Use in Florida Criminal Cases

The Florida Supreme Court issued an opinion last Thursday approving new standard jury instruction 1.001 (Introduction) which, according to the Comment, deals with jurors’ “communication with other and outside research.” If there is any question as to the serious nature of juror internet use — either tweeting/Facebooking about service or …

Trial

2012 Small Claims Court Clinic

Slightly off topic from Internet/legal issues, the Palm Beach Bar Association and the Palm Beach County Library, as part of the 2012 Law Week, hosted the 2012 Small Claims Court Clinic this week to assist the community by providing the in’s and out’s of court claims under $5000.  If you …

Evidence

Nevada Supreme Court Explains Admissibility Standards for IM / Text Messages

The criminal case of Kevin Rodriguez v. State of Nevada is one of three recent cases nationwide which discusses the admissibility of text messages in trial. In Rodriguez, a victim was attacked, robbed, and her cell phone was taken.  Thereafter, twelve text messages were sent from the victim’s phone.  The …

Privacy

What Are Your Jurors Doing on the Internet?

A persistent problem for the jury system has been jurors using the Internet during jury selection and trial.  Despite media coverage, the problem continues (even internationally). But there may be a positive side of this issue: jurors are, like the rest of us, often tied to the internet or smartphones.  Perhaps …

Social Media

CT Judge OK’s Facebook Joking Juror & Juror Facebook-friending

On October 5, 2011, a Connecticut federal court judge declined to order a new trial after the defendant in a tax evasion case learned that  (a) “Juror X” was posting on Facebook during trial that he “may get 2 hang someone… can’t wait” and “Guinness for lunch break” and (b) “Juror …