OUR BLOG
Will Gay Marriage be Overturned?
To be sure, the Supreme Court’s 5–4 decision in Obergefell v. Hodges remained secure so long as its author, Justice Anthony Kennedy, remained on the court along with the four justices who joined his opinion.1 However, Justice Kennedy has announced his retirement, and...
The First Amendment and the Supreme Court
“The right, which had for years been hostile to and very nervous about a strong First Amendment, has rediscovered it,” said Burt Neuborne, a law professor at New York University. The Citizens United campaign finance case, for instance, was decided on free-speech...
How the Retirement of Anthony Kennedy will Affect Family Law
Justice Anthony Kennedy recently announced his retirement from the United States Supreme Court. Kennedy was often the swing vote, resolving some of the most important issues of our time. For example, Kennedy has traced a wavering course on abortion, approving some...
Paternity is More Than Biology
With the advent and increased prevalence of genetic testing, one would think that establishing paternity today would be easier than ever. If biology alone was the sole factor in determining parentage, you would likely be correct. However, biology alone does not...
Survivorship Benefits in Retirement Plans
Survivor benefits related to a retirement plan are a potential trouble spot in family law cases. They may be treated as separate assets that can be valued, or as part of the marital portion of a pension, depending on how the issue is framed. As to the former...
How to Analyze DROP Accounts Under Florida Law
In a pension plan, which is designed to pay out a monthly pension stipend for life, the DROP option allows an individual to retire in the eyes of the retirement plan but continuing working for upwards of five (5) to eight (8) years, depending upon the plan. However,...
Buyer Beware in Real Estate
Sellers often feel they can rely on the protection of an “as is” contract. “As Is” means you take as is and there are no warranties made by the Seller. This is strong stuff. “Caveat Emptor” – buyer beware, goes a long way. But it is not bulletproof. In Florida...
A Collaborative Law Clinic
Opened in 2014, The Barry University Collaborative Law Clinic is only the second of its type in the country. Couples sign a Collaborative Participation Agreement, the heart of which is that they agree not to litigate in court and to be fully transparent with all...
Attorneys’ Fees and Costs
When we litigate, we are often asked by clients: Can I get my attorneys’ fees if I win? Whether or not the other side has a frivolous case or a good case, most people feel that they should be able to recover attorneys’ fees if they win the case. In Florida,...