Frank Ramos

Litigators: Are you considering a motion to disqualify a Florida trial judge? Do you need assistance with challenging an order denying your motion? Check out my article in the Broward County Bar Association's Barrister magazine: If You Come at the King You Best Not Miss. I provide a comprehensive analysis of what Florida rule 2.330 (disqualification of trial judges) requires and explain what litigators should do to improve the chances that a motion to DQ will be granted. I also discuss appellate review from the denial of a motion. Questions? Need assistance with your motion or petition for a writ of prohibition? Contact me at [email protected]. #litigators #lawyers #attorneys

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#Litigation attorneys Brian Briz and Benjamin Tyler published an article in Law360 examining amendments to the #Florida Rules of Civil Procedure taking effect next year. The extensive changes touch on pretrial procedures, discovery, motion practice and more, promising to make life easier for lawyers and judges alike — as long as everyone does their part. Read the full article for detailed analysis of the amendments and their implications for the state #court system. https://bit.ly/3XeXQQT #civillitigation

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We are pleased to announce that Jones Foster has been named to Best Lawyers' 2025 edition of "Best Law Firms" for the West Palm Beach metro area, earning recognition in 17 practice areas, including multiple Tier 1 rankings. Learn more: https://bit.ly/3UI4wFs #partnersinprogress #bestlawyers #bestlawfirms #legalnews #westpalmbeach

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Attention Appellate Lawyers. You know about "expressed and direct conflict jurisdiction," and how it can be a vehicle for the Florida Supreme Court to accept a case under its discretionary review authority, right? Of course you do. But what about "misapplication jurisdiction"? 🤔 Is it a thing? Does discretionary jurisdiction lie when a district court’s decision relies "on an inapplicable case or appl[ies] precedent to different facts"? Stated differently, can the FSC accept a case "when a [district] court relies on a decision that involves a situation materially at variance with the one under review”? The answer used to be yes. 🛑 But not anymore. 🛑 In Askew v. DCF, issued yesterday, the Court held that "'misapplication jurisdiction' is beyond the scope of our conflict jurisdiction under article V, section 3(b)(3) of the Florida Constitution. The Court explained that "m]isplaced reliance on a prior decision does not mean that the two decisions will always 'directly' conflict or reach different holdings based on 'the same question of law.'" (Quoting art. V, § 3(b)(3), Fla. Const.) The decision was 7-0, but Justice Labarga concurred only in the result. The opinion deserves a read because it is the latest pronouncement by the Court on expressed and direct conflict jurisdiction, which as most lawyers know, is a very difficult standard to meet. In sum, "[e]xpress and direct conflict is a strict standard that requires either the announcement of a conflicting rule of law or the application of a rule of law in a manner that results in a conflicting outcome despite substantially the same controlling facts." (Internal quotations marks and citation omitted). And the Court does "not have jurisdiction to review a case without first finding that it directly and expressly conflicts with another decision." Govern yourselves according. 😃

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We now return to our regularly scheduled programming October 2024 lateral move data for Florida*:   There were 54 lateral moves by Florida attorneys in October 2024, with litigation leading the way (as it has every month this year).   The 54 moves were the fewest for the month of October since 2017 and 1/3 fewer than last October's 156 moves:   • October 2023 (156) • October 2022 (124) • October 2021 (138) • October 2020 (72) • October 2019 (81) • October 2018 (141) • October 2017 (49)   The top practice areas for lateral moves were:   • Litigation (31) • Insurance (7) • Trusts & Estates (5) • Labor & Employment (3)   Moves by title:   • Associates (39) • Partners (8) • Counsel (3) • Other (4)   The most moves by class year were:   • 2022 (9) • 2021 (8) • 2023 (6) • 2020 (5)   The firms that hired the most attorneys were:   • Kirkland & Ellis (4) • Shutts & Bowen (3)   And the firms/entities that lost the most attorneys were:   • United States District Court - SDFL (6) • Cole Scott Kissane (5) • Florida Supreme Court (2) • U.S. Court of Appeals - 11th Circuit (2)   For moves by location, there were 18 out-of-state moves:   • 14 attorneys left Florida (NY:9, DC: 3, GA: 1, IL:1) • 4 attorneys relocated to Florida (CA: 1, IL: 1, NC, 1, OR: 1)   Comment, message, or call me with any questions about the data.   *Data from Firm Prospects, LLC as of 11/8/24 𝗕𝗲 𝗨𝗻𝗰𝗼𝗺𝗺𝗼𝗻ᵀᴹ ---------------------------------- For insights into the legal industry, Florida legal market, and mindset, click the 🔔 or follow me at Brian M. Moskowitz #BeUncommon #LegalRecruiter #FloridaLegalRecruiter

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And here's the data for lateral moves in April 2024 limited to AmLaw firms in Florida*:   There were 61 lateral moves by Florida attorneys in AmLaw firms in April 2024, and litigation led the way.   The top 5 practice areas for lateral moves were:   • Litigation (23) • Real Estate (6) • Corporate (6) • Labor & Employment (5) • Tax (4) • Trusts & Estates (4)   Of those 61 moves, more than half were by associates (31), followed by counsel (16) and partners (11).   The most moves by class year were:   • 2022 (7) • 2020 (5) • 2015 (4) • 2009, 2013, 2016, 2017, 2019, and 2021(3)   The firms that hired the most attorneys were:   • Shutts & Bowen (5 hires) • Cole Scott Kissane (3 hires) • Nelson Mullins (3 hires)   Message or call me if you have any questions about the data.   *Data from Firm Prospects, LLC 𝗕𝗲 𝗨𝗻𝗰𝗼𝗺𝗺𝗼𝗻ᵀᴹ ---------------------------------- For insights into the legal industry, FL legal market, and mindset, click the 🔔 or follow me at Brian M. Moskowitz. #BeUncommon #TKGFloridaLateralMoves

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🚨DWI Conviction Appeal: The importance of Procedural Compliance in The Judicial System🚨 On April 4, 2024, the NJ Appellate Division decided the consolidated cases of State of New Jersey v. Wongyu Jang and State of New Jersey v. Sasha Quashie, which reversed the convictions of both defendants due to critical procedural errors. This significant ruling underscores the importance of procedural compliance in the judicial system. Both Jang and Quashie were initially convicted of DWI and related offenses in municipal court. Their appeals to the Law Division were decided without the mandated hearings, violating court rules and due process rights. The Appellate Division criticized the lower court's failure to allow the defendants to argue their cases or present briefs, a fundamental right in the appeals process. The court's decision to reverse the convictions and remand for new trials, to be conducted by a different judge, highlights the necessity of adhering to procedural norms to ensure fairness and uphold the integrity of the legal process. Read Full BLG Blog Post Here: https://lnkd.in/eXdBc5QQ Stay informed with regular legal updates from our team of former prosecutors at the Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases. Need legal assistance or looking to refer a case? Don't hesitate to call us 24/7 at (862) 315-7929. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NewJersey #NJ No aspect of this advertisement has been approved by the Supreme Court of #NewJersey 🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert Bianchi, ESQ., NREMT David Bruno, Esq. Danielle Esposito, Esq. Christopher A. Eaton, Esq. Paul A. Di Lella, Esq. Tricia Howarth Margolis Esq. Christina Hall, Esq. Maura Lynch Robert Esnes Alessandro Amato

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The #NewJersey Supreme Court issued a stunning decision last Monday. #Realestatebrokers routinely sign contracts which declare them to be independent contractors. This allows the brokerages, billion-dollar entities, to avoid employment law consequences such as application of the #minimumwage laws, #FICA, #employeebenefits, etc. Nevertheless, the brokers agree to be contractually obligated to various performance standards. The Court concluded that brokers can be part of an independent contractor relationship “notwithstanding any provision of the Brokers Act or any other law, rule or regulation to the contrary.” That’s an extraordinary statement and one that is patently at odds with the enforcement actions taken by departments of labor, including that of New Jersey, against employers in a multitude of industries. The broker alleged that the real estate company illegally deducted marketing fees and expenses from salespersons’ wages. Repeatedly, we have seen instances, most notably in trucking and construction, in which the intent of the parties has been accorded literally no deference in the face of statutes. However, real estate has always been the exception to the rule and, clearly, that remains the case in New Jersey. #realestate  #independentcontractor  #employmentlaw  #misclassification Ariel Holzer Chris Slowik Marie Rizk David Saraf

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Greenberg Traurig attorneys Katie Molloy and Cayla Page co-authored a Daily Business Review article titled, "What Businesses Need to Know About New Labor and Employment Laws in Florida," discussing several legislative changes focused on labor and employment areas such as teen labor rights and retirement benefits for public employees, and their potential impacts on businesses and workers across the state. ▶️ Click here to read the article: https://buff.ly/47aLahz. #GTPublishedArticle #LaborandEmploymentLaw #LaborandEmployment #GTFlorida #GTTampa #GTLawWomen

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Congratulations to firm partner, Laura Prather, for her recognition in the 2024 Florida Trend Legal Elite NOTABLE – Labor & Employment special section. The section features 50 outstanding attorneys who specialize in the complex landscape of workplace laws and regulations. To read Laura's profile, visit: https://lnkd.in/gP6gVV54 #floridatrend #laborlaw #employmentlaw #laborandemployment #employers

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Discover how Sheridan v. Sheridan reshaped alimony law in New Jersey, and why the case's tax implications could make you reconsider taking your divorce case to trial in Drew Molotsky's latest blog. https://lnkd.in/eM2aRPe6 #divorce #SheridanvSheridan #familylaw #NewJersey #finances

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As a Florida DUI Lawyer, Are there mandatory DUI classes or programs in Florida? For individuals convicted of driving under the influence (DUI) in Florida, attending mandatory DUI classes or programs is a critical part of the legal process. These state-approved courses are designed to educate offenders about the dangers of impaired driving, promote responsible decision-making, and ultimately reduce the likelihood of future DUI incidents. As a Florida DUI lawyer, it is essential to understand the requirements and implications of these mandatory programs to effectively guide clients through the complex legal landscape of DUI cases. Florida law, specifically Florida Statute (F.S.) 316.193(5) and Florida Administrative Rule 15a.10, mandates that individuals convicted of DUI, DUBAL (driving with an unlawful blood alcohol level), refusal to submit to testing, or related offenses must complete a state-approved DUI program. The Florida Department of Highway Safety a... #attorneyexperience #billingprocess #casecomplexity #CommunityProperty #divorceattorneyfees #FamilyLaw #hourlyrates #legalcosts #LegalRepresentation #paymentplans #retainerfees #alimony #ChildSupport #CivilLitigation #DivorceLaw #FamilyLaw #LegalBilling #LegalFees #LegalIssues #LegalTrends #Mediation #PropertyLaw

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New legal requirement for LLCs and Corps: FinCen BOI report #boifiling #boireport #boicompliance #boireporting #fincen #beneficialownership #howtofileboi #llcbusiness #llc #llctips #llcbusinessowner #businesstips #businesslawyer #businesshelp #legalcompliance #smallbusiness #smallbusinessowner #smallbiz

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Salazar Law congratulates our founder and litigation team leader Luis Salazar for being reappointed to the ABA Federal Practice Task Force. This will be his second year in the group charged with reviewing possible changes to federal law, and his perspective will be particularly useful to the task force’s 2024-25 subcommittee evaluating the random assignment process for single division judges. We are so proud to see Luis’ expertise recognized by the industry he serves and included in the future of our justice system! To learn more about Luis, please visit https://lnkd.in/e3xjzjvN. #SalazarLaw #ABA #Litigation #LawyerLife

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