Deltona Hires City Attorney

Small Claims, Big Impact

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Guardian Ad Litem Helps Save Children, Resources

State Courts Have Seen Too Many Cuts

Florida's Court System: More Cases Take Time

Aging-out foster kids are in need of a ‘legal health checkup’Florida’s Children First program provides online training for lawyer volunteersBy Annie Butterworth JonesAssociate Editor With 3,500 children expected to age out of state care in the next three years, concern continues to mount over whether foster care youth can safely and successfully enter adulthood. That’s where Florida lawyers come in. In January, Florida’s Children First, an organization devoted to the systemic change, policy issues, and trai. . . ...

FTC to appeal ruling that ‘Red Flags’ do not apply to lawyers The Federal Trade Commission is appealing a federal judge’s ruling that the FTC exceeded its authority by applying its “Red Flags Rule” to practicing lawyers. In October 2009 — acting at the request of the ABA — U.S. Judge Reggie B. Walton of the District of Columbia granted a motion for partial summary judgment finding that Congress did not intend lawyers to be considered “creditors” under the Fair and Accurate Credit Transactions Act. “We are. . . ...

Comments requested on senior judges seeking service renewal The following senior judges’ current service will expire on September 30 and they are seeking service renewal. Any persons having knowledge bearing upon the fitness or qualifications of any of the senior judges on this list to continue service as a senior judge should send, on or before April 15, written comments to Thomas D. Hall, Clerk, Florida Supreme Court, 500 South Duval Street, Tallahassee 32399, or by e-mail at seniorjudge@flcourts.org , . . . ...

‘Low-tech and high-touch’Pet Therapy in the Courts is a new tool for victimsBy Jan PudlowSenior Editor A chain of traumatic events landed a 5-year-old boy and his mom in a homeless shelter, where things turned even more tragic. The little boy was sexually abused by another kid staying at the shelter. Thinking about how best to prepare her young client for the intimidating court process looming ahead, Helene Potlock, victim/witness assistance program director for the state attorney of the Second Judicial Cir. . . ...

Panel offers guidelines for lawyers using social networking Web sitesBy Mark D. KillianManaging Editor Lawyers using social networking and video sharing Web sites for commercial purposes must adhere to the lawyer advertising rules, according to the Bar’s Standing Committee on Advertising. But they won’t have to file those pages with the Bar for review. With the proliferation of such sites as Facebook, YouTube, MySpace, LinkedIn, and Twitter, the Committee on Advertising has drafted guidelines to help lawyer. . . ...

JAEC studies authorizing a second judge to rule on recusal motions A subcommittee looking at judicial recusals is working on drafting a rule amendment that would have a second, independent judge look at those motions in some cases. The panel of the Judicial Administration and Evaluation Committee met February 26 by phone to discuss its options. The committee has two subcommittees looking at the recusal issue. One is examining the substantive reasons for recusals and the second — the one that met by teleconf. . . ...

Bill promotes more civics education in public schoolsBy Mark D. KillianManaging EditorConcerned that students are not getting the information and tools they need for civic participation, Rep. Charles McBurney, R-Jacksonville, is championing legislation that will bolster the study of local, state, and federal governments in Florida’s schools.HB 105 would add the following requirements for civics education: • Requires the reading portion of the language arts curriculum within the Sunshine State Standards to i. . . ...

Volunteer Lawyers: Attorneys Can Make Impact With Pro Bono Work

California will no longer shred sex offenders' parole records as a part of the state's new policy change. Instead of destroying parole records of sex offenders, the state will make contents accessible to the public. Governor Arnold Schwarzenegger ordered state corrections officials...

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Miami-Dade County's new sex offender laws has forced the encampment of homeless sex offenders living under the Julia Tuttle bridge in Miami-Dade to be shutdown. So, now what? Some of the homeless sex offenders are on short waiting lists for...

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Earlier in this blog, we discussed the income tax rules regarding the First Time Homebuyers Tax Credit. Tax credits are a great way to lower your income tax calculation, if you're entitled to the credits. The First Time Homebuyer Credit can reduce...

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The idea of whether to create a juvenile sex offender registry is up for debate in Tennessee.  Here are some of the pros and cons: PROS: The public would become aware of violent criminals. The state would be in compliance with...

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Did you know that you could deduct your higher education expenses as "business expenses," under certain circumstances?  A nurse won against the IRS for higher education tax deductions she took in her income tax returns. Here's the surprising part -- she...

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In the wake of the brutal Orlando SeaWorld whale attack, the lawsuits have begun.  But this lawsuit is not a suit against SeaWorld. 

Rather, it's a suit to prevent the release of the video of the horrific incident, where veteran whale trainer, Dawn Brancheau, was dragged into the pool and killed by the very whale she trained.

Brancheau's family claims that the release of the information would worsen their grief and as a result, does not want the tapes of the SeaWorld whale attack to be made public.  Indeed, if the tapes were made public, they would be picked up by media outlets throughout the country, as the Orange County Sheriff's department reports that it has received several inquiries about the video.  

Such suits are not uncommon. In fact, the family of Dawn Brancheau has retained an attorney who represented Dale Earnhardt's widow in stopping the release of his autopsy photos. 

Similarly, the family of the Austin man who was recently killed when a plane crashed into an IRS building also sued to prevent the release of his autopsy details.

Such a suit would normally not be for any damages and rather, what lawyers call "equitable relief." A suit to prevent the release of a video would be in the form of an injunction or restraining order.  It is the remedy of choice when there exists to adequate remedy otherwise.   

As in the Austin plane crash case, the family seeks protection from hurtful information during their time of grief. The videos are in the custody of the Orange County Sheriff's office pending the investigation. Once the investigation is over, the videos could become public.

A representative for SeaWorld says that it is working with Brancheau's family to prevent the release of the video footage. 

Related Resources:

• SeaWorld Trainer's Family Wants to Prevent Release of Video Footage of Accident (Fox News) 
• Marine Park Operator Faces a Big Dilemma (Wall Street Journal)
• Killer Whales: Fatal Accident at Orlando SeaWorld  (FindLaw's Injured)