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Cases of Interest

Database covers: March, 2001 - Present

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Cases of Interest

FLW Supplement Cases of Interest

CONGRESSIONAL REDISTRICTING. Circuit court judge Terry Lewis entered a Final Judgment finding certain aspects of the Legislature's 2012 congressional reapportionment map unconstitutional, approved a subsequently-enacted remedial map, but ruled that the 2014 elections would go forward under the originally-enacted map. Read more...

WORKERS' COMPENSATION. The Circuit Court ruled that Section 440.11, which grants employer immunity from tort claims by injured workers, is unconstitutional. Read more...

DRIVING UNDER INFLUENCE--REFUSAL TO SUBMIT TO BLOOD, BREATH OR URINE TEST. The constitutionality of section 316.1939 (2013) was challenged in light of the U.S. Supreme Court's holding in Missouri v. McNeely. County court judges upheld the constitutionality of the statute, but certified the question as being of great public importance. Read more here and here...

SAME-SEX MARRIAGE. Article I, Section 27, Florida Constitution, and Florida statutes limiting marriage to opposite-sex couples were held void and unenforceable as violative of Due Process and Equal Protection Clauses of the U.S. Constitution. Read more here, here, and here...

ESTATES. The non-resident surviving spouse of a same-sex marriage was entitled to appointment as personal representative of the deceased spouse's Florida ancillary estate, and provisions of Florida's Constitution and statutes prohibiting this appointment were held unconstitutional. Read more...

DRIVING UNDER INFLUENCE--BLOOD TEST. A warrantless, nonconsensual, nonexigent blood draw violates state and federal constitutions. Section 316.19033, which directs law enforcement to require a person to submit to a blood test by reasonable force if necessary without requiring the existence of an exigency is unconstitutional and cannot form the basis for applying the good faith exception to the exclusionary rule. Read more...

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FLW Federal Cases of Interest

MARITIME TORTS--VICARIOUS LIABILITY. A passenger may invoke principles of actual or apparent agency to impute to a cruise line liability for the medical negligence of its onboard nurse and doctor. Read more...

USE OF COMPUTER TO EXPLOIT MINOR. Defendant's use of cell phone to call and send text messages constitutes use of computer as defined in 18 U.S.C. section 1030(e)(1) and warrants sentencing enhancement applicable when defendant uses computer to entice minor to engage in sexually explicit conduct. Read more...

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