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Cases of Interest

Database covers: March, 2001 - Present

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Cases of Interest


FLW Supplement Cases of Interest

TRAFFIC INFRACTIONS--RED-LIGHT CAMERAS. Printouts of vehicle registration information relating to vehicles alleged to have run red lights are inadmissible in red-light camera proceedings without proper authentication in accordance with the rules of evidence. Read more...

TRAFFIC INFRACTIONS--SPEEDING. Section 316.1905(3)(b), which provides that the production of a certificate showing that a speed measuring device was tested within a specified time period and found to be working establishes a presumption to that effect, infringes upon the Florida Supreme Court's rulemaking authority and is unconstitutional. Read more...

INSURANCE--BAD FAITH. An appraisal award which merely quantifies the amount of an insured's loss is not a final determination of an insurer's liability, a condition precedent to a bad faith claim against the insurer. Read more...

CRIMINAL LAW--POSSESSION OF DRUGS. Courts reached conflicting rulings regarding the constitutionality of section 893.13 in light of a federal district court's recent ruling holding the statute unconstitutional. Read more... as well as here...

DISSOLUTION OF MARRIAGE--DISCOVERY. A circuit court held that a motion to compel the production of financial documents required to be discussed under rule 12.285 was an abuse of the discovery rules. Read more...

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FLW Federal Cases of Interest

CRIMINAL LAW--SEARCH AND SEIZURE--GPS TRACKING. The government's installation of a GPS device on a target's vehicle, and its subsequent use of that device to monitor the vehicle's movement on public streets, constituted a search within the meaning of the Fourth Amendment. Read more...

CRIMINAL LAW--SEX OFFENDERS. The federal Sex Offender Registration and Notification Act does not require pre-Act offenders to register before the Attorney General validly specifies that the Act's registration provisions apply to them. Read more...

CONSUMER LAW--DEBT COLLECTION--COMPUTERIZED CALLS--TELEPHONE CONSUMER PROTECTION ACT--JURISDICTION. The TCPA's permissive grant of jurisdiction to state courts does not deprive the U.S. district courts of federal-question jurisdiction over private actions to enforce the TCPA; therefore, federal and state courts have concurrent jurisdiction over private suits arising under the TCPA. Read more...

CRIMINAL LAW--SENTENCING--FEDERAL GUIDELINES--ENHANCEMENT--DISTRIBUTION OF CHILD PORNOGRAPHY. Mere installation and use of peer-to-peer network to download child pornography into the user's shared folder does not as matter of law support the application of a five-level enhancement for offenses involving distribution of child pornography for the receipt, or expectation of receipt, of a thing of value. Read more...

LAW ENFORCEMENT OFFICERS--SEARCH AND SEIZURE--EXCESSIVE FORCE--QUALIFIED IMMUNITY. Clearly established federal law prohibits police officers from subjecting compliant subject, who is attempting to surrender, to a five- to seven-minute attack by police dog. Read more...

EMPLOYMENT DISCRIMINATION--RETALIATION--MINISTERS. The Establishment and Free Exercise Clauses of the First Amendment bar suits brought on behalf of ministers against their churches, claiming termination in violation of employment discrimination laws. Read more...

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