Florida Injury Lawyer Blog

On March 17, 2010 I was invited to speak at The Everest Institute in Miami, to teach medical students. The course is designed to give students a perspective on how to avoid being lured into a medical malpractice case by doctors or those pretending to be doctors.

Students are often surprised to learn that many physicians in Florida do not carry malpractice insurance. I showed them how to easily check on the validity of doctor's licenses as well as disciplinary proceedings.

New Orleans Federal Judge Eldon E. Fallon is expected to issue a detailed ruling shortly detailing the scope of remediation he thinks is necessary.

However, during the trial, two key points were brought to everyone’s attention which presents a problem for Lennar. That is that the damages to insulated electrical wiring and removal of residual drywalls.

Lennar started remediating homes last year. They stated that it knew what and how the homes needed to be fixed. Initially, However, recent findings conclude that its not that simple. Some of our clients are complaining that the smell and other problems of "fixed" houses has returned.

During the first trial that Lennar's first repair protocol was not working and they have changed it.

Though the change to the remediation process has been made for the future, but what about the early homes where the remaining wiring was left behind?

All eyes will be on the trial against Knopf that starts on Monday, when there will be real evidence introduced to the judge. It is a bench trial, meaning no jury will be sworn in. The first jury trial will be in May or June.  We await the rulings.

I was asked to lecture today at the University of Miami School of Law on class action lawsuits and Chinese Drywall cases in particular.  Pictured here are members of the University of Miami Mass Torts Society.

Who: Lawyers & General Public  
When: March 26, 2010 6:00 PM till 9:00 PM

What: Dinner and Silent Auction
Why: Benefiting Chile
Where: Sabores Chilenos- 10760 West Flagler Street Local # 6, Miami, FL 33174
What More: Live Chilean Entertainment
Donate $$$ or an item for the silent auction.
http://lawyerstotherescue.org
Questions: Contact Dina Aronfeld

See our last event:

Who: Lawyers & General Public  
When: March 26, 2010 6:00 PM till 9:00 PM.

What: Dinner and Silent Auction
Why: Benefiting Chile
Where: Sabores Chilenos- 10760 West Flagler Street Local # 6, Miami, FL 33174
What More: Live Chilean Entertainment
Donate $$$ or an item for the silent auction.

Questions: Contact Dina Aronfeld

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Contrary to what most people think; lawyers are human too. And like most humans lawyers can and do make mistakes. Trust me, I have made mistakes, like any other lawyer or human.

In civil cases, if the mistake cannot me undone, or causes financial harm to a client, the lawyer has an obligation and hopefully the means to make the client whole. I have legal malpractice insurance and advise any lawyer to have it too, just in case.

In criminal cases, a lawyer’s mistake can be irreparable. Especially when deadlines are missed. Our constitution guarantees the right to a lawyer when faced with a serious crime. Apparently no lawyer is better than some lawyers. For Albert Holland, Florida's 11th Circuit Court ruled that when his lawyer missed a deadline to file his petition for habeas corpus, it was too late and too bad.

I am horrified to think that a presumably innocent man will spend his life in prison, or perhaps lose his life because his lawyer missed a deadline. How is that justice?

Our US Supreme Court has the opportunity to save this man and my faith in our system this week when it hears Holland's case. Let’s hope they do the right thing for Albert Holland and our broader interest in justice.

Bradenton, Florida has been ground zero for many of our clients who have either owned or rent homes made with contaminated drywall. Medallion is a Bradenton based builder that has been frustrating homeowners over their inability to fix the problem. Now they are threatening bankruptcy.

According to their lawyer, they do not have the financial means to fix all of the tainted houses.

Miami's Lennar has been gutting some affected homes down to the studs, replacing all drywall and components to the tune of $100,000 or more per house. Some of our clients who own Lennar homes are now complaining that the sulfur smell has returned, even after Lennar's remediation attempts.

Homeowners still have hope, since builders like Medallion have insurance, as well as the subcontractors. In addition, there is still hope that the pending MDL in New Orleans will result in a settlement or judgment that will compensate victims of defective Chinese drywall. If you have a concern about Chinese drywall, contact our office for a free and confidential consultation.