Robert Scavone Jr public
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You're a busy lawyer. Whether trying to hit your billables, being stuck on endless conference calls, or waiting in a crowded courtroom for your case to be called, you don’t have time to stay informed about legal developments important to your practice. Summarily is the podcast for you. Summarily offer caselaw updates, CLEs (Florida), practice tips, and insightful legal commentary. Pop in your ear buds and tune in. Summarily has you covered. Listen. Enjoy. Subscribe. Share. If you have questi ...
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This is a special edition to explore the Supreme Court's opinion in Trump v. United States, the presidential immunity case. The Supreme Court granted former presidents absolute immunity from criminal prosecution for actions within his "conclusive and preclusive constitutional authority," and presumptive immunity from prosecution for all his officia…
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Jury selection is the most important part of a trial. Many cases are won and lost during jury selection. On this episode, Robert and special guest host Joni Mosely spoke with Dr. Melissa Pigott about the psychology of jury selection and why it is important to understand prospective jurors’ values, attitudes, and beliefs. This episode is approved by…
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Robert spoke with Professor Courtney Cahill about the recent Florida Supreme Court opinion in Planned Parenthood v. Florida. The court held that the Florida Constitution's privacy provision does not protect a woman's right to have an abortion. The U.S. Supreme Court's opinion in Dobbs v. Jackson Women's Health Organization played a major role in th…
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Robert and Lindsey break down a bunch of appellate opinions. The criminal opinions begin at 25:45. CIVIL OPINIONS Neighborhood Restaurant Partners v. Wolff, 5th DCA (improper comment; mistrial; bar referral). Haslauer v. Haslauer, 1st DCA (61.16 fees). The Walsh Grp. v. Zion Jacksonville, 5th DCA (striking supplemental authority). Guardianship of J…
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The testimony is over in the NY criminal trial against defendant Trump. The jury will hear closing arguments next week and begin deliberations. But questions remain. What will the jury be asked to decide? Will the verdict form include the lesser-include offense of falsifying business records in the second degree? Both sides have a strategic decisio…
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Robert had the pleasure of sitting down with the estimable Roger Parloff to discuss the unending delays in the classified documents case against the former president. Roger and Robert also talked about the latest in the Manhattan case against defendant Trump. Roger is an award-winning journalist and a senior editor of Lawfare. He has his fingers on…
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On April 24th, the Supreme Court heard oral argument in United States v. Trump. The questions presented is "whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office." Professor Harold Krent of the Chicago-Kent College of La…
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How did the Supreme Court become so powerful? Dr. Ben Johnson contends that a "little-known rule change" and the Court's unkept promise in 1928 are to blame. Dr. Johnson is an associate professor of law at the University of Florida Levin College of Law. He sat down with Robert to talk about the Court's question-selection process and how being able …
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Co-host Jennifer Opiola joined Robert to review PIP and insurance opinions issued by the Florida DCAs in March. Universal Prop. & Cas. Ins. Co., v. laguna Riviera Condo. Ass’n, Inc., 2D DCA (retroactivity of § 627.714(4)). Citizens Prop. Ins. Corp. v. Avril and Romain, 4th DCA (deductible as an affirmative defense). Arway v. Progressive Amer. Ins. …
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Equality Florida sued Governor DeSantis et al., challenging H.B. 1557 (the "Don't Say Gay" law). The parties recently settled, and Florida agreed to limit the law's scope in significant ways. Robert is joined by John C. Quinn, a partner at Kaplan Hecker and Fink, and D. Brandon Trice, counsel at Kaplan Hecker and Fink. John and Brandon were part of…
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Co-host Jennifer Opiola joined Robert to review PIP and insurance opinions issued in February, including one dealing with inconsistent verdicts and another about the retroactivity of the pre-suit demand statute under chapter 627. Universal Prop. & Cas. Ins. Co. v. Tsirnikas, 2d DCA (inconsistent verdicts); see also Chiarella v. Ford, 4th DCA. Citiz…
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Are you ready for new rule 1.041 (Notice of Limited Appearance), effective April 1? Tune into this episode to learn what you need to know. Robert and Lindsey also cover several opinions from January. In re: Jane Doe 23-B, 1st DCA (judicial waiver). Tanner v. Dashner, 4th DCA (single-homicide rule; ex post facto). Nelson v. State, 5th DCA (judge's c…
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Co-host Jennifer Opiola joined Robert to review PIP opinions issued in January. United Auto. Ins. Co. v. ISO Diagnostic Testing, 4th DCA (fee schedule). Universal Prop. & Cas. Ins. Co. v. Andre, 4th DCA (setting aside default). State Farm Mut. Auto. Ins. Co. v. Matthews, 5th DCA (prejudicial statements and right to fair trial). Sulzer v. Amer. Inte…
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On Tuesday, February 6th, the DC Circuit Court of Appeals issued its opinion in United States v. Trump and held that the former president is not immune from criminal prosecution for alleged crimes he committed while in office. Robert discussed the opinion with constitutional law professor Harold Krent of the Chicago-Kent College of Law. Summarily i…
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Professor Joe Regalia recently joined Robert to discuss how law firms can use generative AI to create and maximize efficiency and what law firms should do to prepare for the future with generative AI. Joe is an associate professor of law at UNLV’s William S. Boyd School of Law where he teaches legal writing and the intersection between the law and …
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Co-host Jennifer Opiola joined Robert to review a handful of PIP and insurance opinions issued in December. Advance Mold Servs., Inc. v. Universal N. Am. Ins., Co., 3d DCA (dismissal with prejudice). Universal Ins. Co. of N. Am. v. Sunset 102 Off. Park Condo. Ass’n, Inc., 3d DCA (untimely motion to amend affirmative defenses; sanctions for spoliati…
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On April 16, 1963, at just thirty-four years of age and five years before his life was cut short by an assassin, Dr. Martin Luther King Jr. penned from a jail cell, the most powerful, persuasive, and poetic message ever written: Letter From Birmingham Jail. In honor of Dr. King and in celebration of his birthday, this is the audio of the Letter, re…
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Goodbye 2023. Hello 2024. Robert and Lindsey rundown a handful of opinions and appellate rule changes from December. D.A.N. v. State, 1st DCA (attorney sanctions). Lapham v. Walgreens, 11th Cir (retaliation claims under the FMLA and Florida’s private sector whistleblowers act). Orozco v. Rodriguez, 6th DCA (standing to seek paternity determination)…
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In April 2023, Dr. Ellen Hendriksen joined Robert to discuss Imposter Syndrome and how it can negatively affect your mental health. Dr. Hendriksen is back to kick of the new year. She sat down with Robert to talk about how overidentification and perfectionism can diminish your self-worth. Dr. Hendriksen is a clinical psychologist. She serves on the…
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Happy Holidays! In March 2022, Judge Adalberto Jordan of the U.S. Court of Appeals for the 11th Circuit and Judge Kevin Emas of Florida's Third District Court of Appeal sat down with Robert to talk about legal writing. They gave their views from the bench on what makes legal writing good (and not so good). Whether you are new to Summarily or an avi…
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Robert and Lindsey play catchup for October and November. Kenney v. State, 2d DCA (preservation; impeachment). Baxter v. State, 5th DCA (4th Amendment). See Owens v. State, 317 So. 3d 1218 (Fla. 2d DCA 2021) (“regardless of whether the smell of marijuana is indistinguishable from that of hemp, the smell . . . from a vehicle continues to provide pro…
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Co-host, Jennifer Opiola, joined Robert to review a handful of opinions from November dealing with a variety of important issues: Homeowners Choice Prop. & Cas. Ins. Co., Inc. v. Thompson, 1st DCA (discovery). Hughes v. Univ. Prop. & Cas. Ins. Co., 6th DCA (pre-suit notice; substance vs. procedure). People’s Tr. Ins. Co. v. Gunsser, 6th DCA (policy…
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The 100th Episode I started this podcast with the goal of providing lawyers with free CLE courses, caselaw updates, and practice tips, and that is what’s in store on this episode. I sat down with Jeffery DeSousa, the Chief Deputy Solicitor General in the Florida Attorney General’s Office to talk about oral Advocacy. Jeff focuses on criminal appeals…
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Richard W. Painter joined Robert to discuss the U.S. Supreme Court's new code of conduct, which outlines how the justices "should" conduct themselves. Richard served as chief ethics lawyer to President George W. Bush and as Associate Counsel in the White House Counsel’s Office during the Bush administration. He has testified many times before Congr…
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The data says the average attention span went from two-a-half minutes in 2003 to forty-seconds by 2020. Diminished attention is particular problematic for lawyers who are bombarded with emails, texts, calls, and social media alerts while trying to work. As our attention span diminishes so, too, does productivity and happiness. Dr. Gloria Mark joine…
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Co-host Jennifer Opiola joined Robert to review an important pre-suit demand case, and a cautionary tale about the benefits of motions in limine. Citizens Prop. Ins. v. Salazar, 3d DCA (motions in limine). Mercury Indem. Co. of Am. v. Cent. Fla. Med. & Chiropractic Ctr., 5th DCA (pre-suit demand letters; safe harbor). Summarily is sponsored by Bett…
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Litigation often involves expert witnesses. Indeed, many cases rise and fall based on expert testimony. So nailing down what an expert will and will not testify about is critical to success. But deposing experts can be challenging. On this episode, Robert sat down with Sia Baker-Barnes to discuss deposing expert witnesses. Sia shared her advice on …
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Robert and Lindsey review opinions from September. CPPB, LLC v. Taurus Apopka City Ctr., LLC, 6th DCA (denial of motion to dissolve lis pendens). Greathouse v. State, 2d DCA (preservation of cause challenge). Collins v. State, 5th DCA (evidentiary hearing; newly discovered evidence). Gurolla v. State, 5th DCA (discovery violation). State v. Victori…
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What do judges expect from lawyers? How can lawyers be more effective at hearings and in motion practice? What frustrates judges most? Chief Judge Jack Tuter of the 17th Judicial Circuit joined me to discuss best practices. His valuable insight is something every litigator should hear. Summarily is sponsored by BetterHelp and The Law Office of Scot…
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Co-host, Jennifer Opiola, joined Robert to review a handful of opinions from September dealing with a variety of important issues: Monarch Claims Consultants, Inc. v. Cliff Fleming, et. al., (6th DCA) (venue selection clause; severability). Synergy Contracting Grp., Inc. v. Homeowners Choice Prop. & Cas. Ins. Co., Inc., (2d DCA) (fraud on the court…
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Adam Feldman, the creator of Empirical SCOTUS, joined Robert to discuss some of the major cases before the Super Supremes this term, including U.S. v Rahimi - a high-stakes Second Amendment case that could radically undercut DOJ's ability to prosecute certain firearm offenses. CFPB v. Community Financial Services Association of America Acheson Hote…
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FREE CLE: The course number is provided towards the end of the episode. As a lawyer, you have likely participated in mediation. And you have probably seen mediation breakdown. Why? Was your case right for mediation? Were you prepared? Did you prepare your client? What are the keys to successful mediation? Rodney Romano, the founder of Matrix Mediat…
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What is the Shadow Docket? Why has it become a hot topic of late? And what do Shadow Docket orders tell us about the Court and how it picks and decides issues? Professor Stephen Vladeck of The University of Texas at Austin School of Law joined Robert to discuss his new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Pow…
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There is something for everyone on this episode. Robert and Lindsey breakdown the following cases: Stephens v. Stephens, 1st DCA (excusable neglect). Manheimer v. FPL, 3d DCA (punitive damages); Long v. Kroppke, 4th DCA (same). Goldstein v. UCF Bd. of Trs., 6th DCA (sovereign immunity). Scott v. State, 4th DCA (1st Amend.). TKH Coastal Prop. v. Tal…
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PIP law guru, Jennifer Opiola, joined Robert to explain several important PIP opinions from July and August. She also highlights new caselaw applicable to all civil litigation. Stiwich v. Progressive Amer. Ins. Co. and Parsons, 2d DCA (PFS and confession of judgment). State Farm v. Advanced X-Ray Analysis, Inc., 3d DCA (summary judgment; timelyness…
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Gabe Roth, the executive director of Fix the Court, joined Robert to talk about six proposed fixes to the federal judiciary. Fix the Court is a non-partisan, 501(c)(3) that advocates for non-ideological fixes to the federal courts, and particularly the Super Supremes, that would make the courts more accountable to the American people. Summarily is …
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In the Netflix documentary, Victim/Suspect, investigative reporter Rachel de Leon chronicles a surprising number of cases nationwide involving women who report alleged sexual assault to police, only to be accused of fabricating the allegations. These women are then charged with crimes and sometimes face years in prison. Rachel and the films directo…
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Scott Westheimer began his term as President of The Florida Bar in July. He joined Robert to talk about his major initiatives including analyzing, enhancing, and improving the Bar’s disciplinary system; providing members with free trust accounting software; strengthening the Bar’s relationship with local bar associations, and assessing the use of t…
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David Weinstein, a partner at Jones Walker, joins Robert to talk about the indictment of Donald Trump in DC for alleged criminal conduct leading up to the riot at the Capitol on Jan. 6th. David and Robert discuss the charges against Trump as well as motions and orders in the DC and FL cases. David handles corporate compliance and white-collar defen…
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Robert and Lindsey break down the following opinions issued in July. 701 Palafox, LLC v. Scuba Shack, Inc., 1st DCA (amended complaint to add claim for punitive damages) Drazen v. Pinto, 11th Cir. (en banc) (standing under TCPA) Crocker v. Crocker, 5th DCA (trial court’s discretion to consider an argument for the first time on rehearing) K.R. v. DC…
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The Supreme Court of Florida recently issued an opinion about professionalism standards and stated, "The revised Professionalism Expectations that we adopt today emphasize that Florida’s professionalism standards apply to all forms of communication, including online communication, and to both in-person and remote (video or audio) interactions with …
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Impostor Syndrome "describes high-achieving individuals who, despite their objective successes, fail to internalize their accomplishments and have persistent self-doubt and fear of being exposed as a fraud or impostor."* I battle Impostor Syndrome. Studies show that 75% of professionals do. And the numbers are higher among women and minorities. A l…
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Lindsey Lawton and I sat down with Amanda Haverstick to talk about common mistakes in legal writing and how we can learn to Write Right. Amanda is a legal writing coach, writing consultant, and the founder of Writing Law Tutors LLC. She helps lawyers, law firms, and law students improve and fine-tune their writing. You can follow Amanda on LinkedIn…
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When it comes to trial advocacy, closing argument is second only to jury de-selection. Closing is a litigator's last change to speak directly to the jury and to bring days, weeks, or months of testimony and evidence to a climax. Master trial lawyer, Sia Baker-Barnes joined Robert to discuss the fundamentals closing argument - Always Be Closing. The…
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Lindsey and Robert break down recent rule changes and opinions from June. Rule 9.130, FSC (rule change adding to list of nonfinal, appealable orders). In Re: Code for Resolving Professionalism Referral and Amends. to R. Regulating Fla. Bar 6-10.3, FSC. State v. Walker, 1st DCA (motion in limine; petition for cert.). Coates v. R.J. Reynolds, FSC (se…
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Jennifer Opiola, PIP extraordinaire, joined Robert to explain several important PIP and insurance law opinions from May and June. Mercury Indem. Co. of Amer. v. Pan AM Diag. of Orl., a/a/o Joceline Pierrilus (3d DCA). MGA Ins. Co., Inc v. Adv. Health & Wellness, Inc. a/a/o Esdras Cux (3d DCA). Infinity Auto Ins. Co. v. Miami Open MRI, LLC a/a/o Rol…
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The Super Supremes dropped a few bombs in the final days of the 2022 term. Professor Harold Krent of the Chicago-Kent College of Law joined Robert to break down Biden v. Nebraska (student loans), Moore v. Harper (independent state legislature theory), 303 Creative v. Elenis (First Amendment), and Students for Fair Admissions v. Harvard & UNC (affir…
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On June 8th - in the midst of the Trump indictment - the Super Supremes decided an important issue dealing with section 2 of the Voting Rights Act. In Allen V. Milligan, the Court affirmed a district court’s determination that Alabama’s congressional map likely violates section 2. The majority opinion came as a surprise to many because it was autho…
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The Supreme Court’s 2022 term is coming to an end, so it's time for a couple of Supreme Court roundup episodes. Professor Harold Krent of the Chicago-Kent College of Law joined Robert to discuss U.S. v. Texas, an important opinion about standing; U.S. v. Hansen, which deals with an overbreadth challenge to a federal criminal statute; and Samia v. U…
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Is the criminal justice system too focused on punishing non-violent, first-time offenders, or is there room for collaboration aimed at improving outcomes and giving these offenders a chance to change their lives? Can the system move non-violent, first-time offenders from the "courthouse to the classroom"? Broward County State Attorney Harold Pryor,…
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