John Hopkins

John Hopkins

Searcy Denney Scarola Barnhart & Shipley

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Congressional Hypocrisy — Taking away your rights

As a part of the recent speed racing bills through Congress, they have put up HR 1215. Quite erroneously, they have titled it: “Protecting Access to Care Act of 2017”. A read of the act’s text quickly tells any objective...more

3/16/2017 - Bodily Injury Deregulation Health Care Providers Hospitals Insurance Industry Medical Devices Medical Malpractice Pharmaceutical Industry Proposed Legislation Trump Administration

Shouldn’t Congress Try to Save Lives of Americans?

What kills between 250,000 and 440,000 people in the United States each year; 700 deaths per day? What is the third leading cause of death in America? Isn’t it one of the responsibilities of the US Congress to...more

3/2/2017 - Collateral Source Rule Damage Caps Legislative Agendas Medical Malpractice Medical Negligence Pain and Suffering

Popularity of Vapes Draws Attention of Big Tobacco

Industry Uses Old Strategies on New Products - Electronic cigarettes have boomed into a $5-billion-a-year business expected to expand by nearly 25 percent in 2018. Not surprisingly, Big Tobacco is clamoring to corner the...more

3/2/2017 - Advertising E-Cigarettes Marketing Product Defects Tobacco Tobacco Regulations

Pay Back to Big Corporations — Unneeded Laws

It seems when Congress tries to pass a law taking away peoples’ rights they tack on a title that sounds like they are just trying to “tidy up” or do us a favor. Such is the result of House bill H.R. 985, which they have...more

2/27/2017 - Class Action Legislative Agendas Multidistrict Litigation Product Defects Tort Reform

Deceptive Marketing — Is Coca-Cola taking a page book from the tobacco industry?

Coca-Cola has been called out in California for deceptively advertising is sugar-saturated sodas so it can sell more of them. A 39-page lawsuit filed in San Francisco makes 13 claims against the iconic beverage brand...more

1/24/2017 - Coca Cola False Advertising Food Labeling Tobacco Litigation Unfair Competition Unfair or Deceptive Trade Practices

BYOD – Another reasonable basis for discovery about discovery

I still remember typewriters. Heck, I still remember carbon paper, mimeographs and bag phones. Would a company, “back in the day”, have ever asked an employee, “hey, we need you to bring your own typewriter, desk,...more

1/6/2017 - Bring Your Own Device (BYOD) Cell Phones Cloud Computing Confidential Information Confidentiality Agreements Data Security Discovery Duty to Preserve Electronically Stored Information FRCP 26 FRCP 37(e) Information Governance Laptop Computers Privacy Concerns Risk Management

E-Discovery — Setting standards, not cover

The Sedona Conference has a slogan: “Moving the law forward in a reasoned and just way”. That slogan is exactly the way I have described this impressive organization and what do....more

12/8/2016 - Discovery Discovery Disputes Electronically Stored Information Federal Rules of Civil Procedure FRCP 26 Legal Project Management Policies and Procedures Privilege Logs Proportionality Technology-Assisted Review Verification Requirements

Breaches of Mobile-Banking Apps — What can you do?

American banks maintain many levels of protection against fraud. Institutions accurately and quickly can detect suspicious account activity, credit-card charges and funds transfers. But it seems the sophisticated software...more

10/11/2016 - Banks Data Breach Data Security Hackers Mobile Apps Personally Identifiable Information

When Natural Just Ain’t — Post Cereal Trying to Redefine “Natural”

What’s in a name? According to a trio of plaintiffs who in June 2016 sued cereal maker Post, a lot more than Shakespeare’s Juliet would have Romeo believe....more

9/6/2016 - All Natural Class Action FDA Food Labeling Food Manufacturers Food Marketing Natural Products Retail Market

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

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