John Hopkins

John Hopkins

Searcy Denney Scarola Barnhart & Shipley

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American Spirit Cigarettes — Reduced Risk Marketing Pitch

I want “all natural” in everything I consume. Why? Because it is better for you. Right? What does natural mean to us? “Unaffected”, “genuine”, “native” “natural”. All clean feeling words that provide the impression that...more

8/18/2016 - Advertising All Natural Marketing Tobacco

Stop Selling Vehicles with Recalled Airbags!!

Report calls for a stop to death and injuries — 11 deaths and over 100 injuries - The “largest and most complex safety recall in U.S. history,” according to the National Highway Traffic Safety Administration, took...more

6/28/2016 - Airbags Auto Manufacturers Automotive Industry Chrysler Fiat Mitsubishi NHTSA Takata Toyota Volkswagen

Takata Airbag Recall Balloons — 7 Automakers Join List

NHTSA Calls Controversy ‘Largest and Most Complex Safety Recall in U.S. History’ - The consumer-safety threat posed by defective airbags in millions of vehicles worldwide has escalated again....more

6/27/2016 - Airbags Auto Manufacturers NHTSA Product Defects Product Recalls Takata Wrongful Death

Be Safe This Summer: Stay Bicycle-Smart

Bicycling is a breeze. Wind in your hair, sun on your shoulders, therapy for your mind and exercise for your body. Whether you pedal along the beach, around a lake or in a park, your summertime ritual surely will be fun....more

6/24/2016 - Bike Accidents NHTSA

Rental Car Act of 2015 Championed by Grieving Mother

Twelve years have passed since two 20-something sisters died in a rented PT Cruiser that had an open recall for a defective power-steering hose. At the time, the Budgets, Enterprises and Hertzes of the United States were not...more

6/7/2016 - Automobile Recall Automotive Industry DaimlerChrysler NHTSA

E-Discovery — Are custodial collections none of your business?

The party receiving discovery requests in litigation has the job of trying to understand the locations of potentially responsive data and documents; determining the identity of key custodians; and determining the most...more

5/23/2016 - Attorney-Client Privilege Discovery Document Productions Electronically Stored Information Scope of Discovery Requests Work Product Privilege Young Lawyers

Aspiring Young Musician Tragically Injured by Flying Road Debris

You have seen it. You have dodged it and… You have been nearly injured by it. Dangerous road debris on I95 and other major roadways. It is dangerous to drivers and as 22-year-old Holden Armory has learned the...more

5/16/2016 - Bodily Injury Car Accident Motor Vehicles Negligence

Statute of Limitations — Protected Information in Florida Medical Malpractice

Recently, the Second District Court of Appeals decided the case of Gina Marie Bove, as Personal Representative of the Estate of Anthony Bove, deceased v Naples HMA, LLC d/b/a Physicians Regional Medical Center-Pine Ridge;...more

4/21/2016 - Admissions Dismissals Medical Malpractice Medical Negligence Notice of Intent Statute of Limitations Wrongful Death

Testing for Junk Science in the Discovery Process

What is the “Daubert” standard supposed to test? Daubert v Merrill Dow Pharmaceuticals, 509 US 579 (1993). Daubert and the Federal Rule of Evidence 702 are intended to allow the court to act as a gatekeeper in keeping...more

4/5/2016 - Daubert Standards Discovery Evidence Federal Rules of Civil Procedure FRCP 26(b)(1) Judge Peck Predictive Coding Statistical Sampling

Driverless Vehicles — A new driving frontier

Just imagine the courtroom scene… The negligent party is in the courtroom being examined by plaintiff’s counsel...more

2/22/2016 - Auto Manufacturers Automotive Industry Car Accident Driverless Cars Google Volvo

Justice Can Be Evasive — Dontrell Stephens and a Claims Bill

Dontrell Stephens was shot four times by a deputy of the Palm Beach County Sheriff’s Department soon after he got off his bike because a deputy stopped him for riding across a roadway. - He was told to stop by the...more

2/16/2016 - Gross Negligence Jury Awards Officer-Involved Shootings Professional Liability

Litigation Discovery and the New Federal Rules

Trying to make the best of rules open to highly subjective interpretation… Discovery in litigation is the heart of the process. It is the system by which parties can obtain evidence from other parties and refine...more

1/16/2016 - Discovery Document Productions Electronically Stored Information Federal Rules of Civil Procedure Litigation Fees & Costs Motion to Compel

Who is Florida’s Attorney General trying to protect?

In Florida, do we citizens who live here comprise “the State”? The attorney general in Florida has launched another one of her battles; which I would guess she characterizes as “defending the best interests of Florida,...more

12/21/2015 - Damage Caps Health Care Providers Health Insurance Medical Malpractice

Discovery, New Rules and a Need for Transparency

In a lawsuit the discovery process should allow each party to explore evidence in the possession of opposing parties, which may assist in proving their respective claims. The defendant is at an advantage in this process,...more

11/5/2015 - Discovery Document Productions Electronically Stored Information Scope of Discovery Requests Transparency Young Lawyers

Trust But Verify — What E-discovery should be

If you ask an opposing party about the details of their document collection; the custodians interviewed; the keywords searched; or the culling approaches used; you are likely to get one response, a quickly erected brick wall....more

3/6/2015 - Best Practices Discovery Technology-Assisted Review

E-Discovery — If not transparency, how about translucency?

Florida is sunny and a great place to live or work; but we can be a little slow to except new things. Florida Rules of Civil Procedure were amended a couple of years ago to include at least the mention of electronic...more

3/4/2015 - Discovery Electronically Stored Information Employer Liability Issues Rules of Civil Procedure Wrongful Termination

LegalTech 2015 — Not so much collaboration, cooperation or transparency

I attended LegalTech 2015 this year in New York. It was a great seminar and another well done project by ALM. One wrinkle, though....more

2/17/2015 - Federal Rules of Civil Procedure Predictive Coding Professional Conferences Technology Technology-Assisted Review

Big Tobacco – Attila the Hun of Corporate America

We do not sue them. They will run up millions in costs for just one lawsuit, regardless of the actual damages . They will conduct a scorched earth defense and try to simply wait until the plaintiff dies....more

1/8/2015 - Tobacco Litigation

The Contingent Fee — Leveling the Playing Field Against Insurance Companies

How do you hire an excellent attorney and pay for the services in a personal injury case? Like any other professional, the hourly fee for lawyers is largely driven by market forces, but in the case of attorneys a...more

1/6/2015 - Contingency Fees

Direct & Circumstantial Evidence – It snowed last night?

If you went to bed without snow on the ground; slept soundly all night and awoke to a snow covered ground all around you, what could you reasonable say? It snowed. You did not have to actually see the activity of snow...more

12/11/2014 - Circumstantial Evidence Evidence

Penalties for Spoliation of “Tangible Objects”

Sometimes three red groupers are a “tangible object”, but mostly they are just, well, uh, fish. In the summer of 2007, boat owner and Captain, John Yates was leading a fishing trip on his boat, the “Miss Katie”....more

12/10/2014 - Fishing Industry Sarbanes-Oxley Spoliation US Fish and Wildlife Service

Advertising Leaders: Come Clean with Industry Fraud

“Warning: The Internet advertising market is dangerous, unregulated and crawling with bots, scammers and questionable traffic. There’s a serious risk a quarter of your ads will never be seen by a real person. And even the...more

11/6/2014 - Advertising Fraud Internet Trade Associations

E-Discovery Cases — Herding Cats would be easier

Two disturbing cases for different, but similar reasons. When did parties jump from collection and culling of documents to simply turning over all possible evidence blindly and relying on a claw back agreement to...more

11/3/2014 - Corporate Counsel Discovery Document Productions EHR Electronically Stored Information Federal Rules of Civil Procedure HIPAA PHI Predictive Coding

Another Recall from GM

I have lost count now of how many times GM has issued a recall and the total number of vehicles recalled in the past several months by GM; I know it is in the area of over 20 million vehicles. Tragically, years of delay in...more

8/6/2014 - Automobile Recall General Motors

Tobacco Companies — Finally Being Brought to Justice

“We are reformed and vow never to be evil, devious, conspiratorial, deceitful, designing, tricky, conniving, underhanded or murderous ever again!” So goes the paraphrased prostrations of lawyer Jeff Furr, representing...more

7/14/2014 - RJ Reynolds Tobacco Litigation

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