You're a busy lawyer. Whether trying to hit your billables, being stuck on endless conference calls, or waiting in a crowded courtroom for your case to be called, you don’t have time to stay informed about legal developments important to your practice. Summarily is the podcast for you. Summarily offer caselaw updates, CLEs (Florida), practice tips, and insightful legal commentary. Pop in your ear buds and tune in. Summarily has you covered. Listen. Enjoy. Subscribe. Share. If you have questi ...
…
continue reading
Hey folks. Robert here. I have decided to step away from the podcast for an indeterminate period of time. Thank you for listening and for your support.By Robert Scavone Jr.
…
continue reading

1
Capital Punishment and Immigration: The word "shall" is a problem.
31:47
31:47
Play later
Play later
Lists
Like
Liked
31:47Melanie Kalmanson, a partner at Quarlers & Brady, joined Robert to discuss a new Florida statute that requires judges to impose a sentence of death if an "unauthorized alien" commits a capital offense. Melanie and Robert examine potential constitutional issues the law faces under current Supreme Court precedent and how the law will be challenging f…
…
continue reading

1
The Great Debate: Tanenbaum vs. Scavone
1:26:58
1:26:58
Play later
Play later
Lists
Like
Liked
1:26:58On February 6, Robert debated Judge Adam Tanenbaum (First DCA) about whether the prior-panel rule applies in the DCAs. The rule requires 3-judge appellate panels to follow prior-panel precedent unless the court overrules the prior precedent en banc or the precedent has been overruled by the Florida Supreme Court. Robert is a proponent of the rule, …
…
continue reading

1
FedSoc Kerfuffle and Clerkship Transparency
44:52
44:52
Play later
Play later
Lists
Like
Liked
44:52Aliza Shatzman joined Robert on this episode. Aliza is the President and Founder of the Legal Accountability Project. The Project’s mission is to "ensure law clerks have positive clerkship experiences, while extending support and resources to those who do not." Aliza shared her experience as a law clerk and explained the Project’s great resources f…
…
continue reading
Lindsey, Joni, and Robert rundown several appellate opinions from October 2024. Contact to get on the Guardian ad Litem pro bono mailing list: Samuel Alexander [email protected]. In re: Amends. to R. Regulating Fla. Bar 6-10.3, FSC (CLE credit for pro bono hours). McLane Foodservice Inc., v. Wool, 3d DCA (punitive damages). BAM Trading Se…
…
continue reading

1
A Chat with FL Bar President Roland Sanchez-Medina, Jr.
1:00:10
1:00:10
Play later
Play later
Lists
Like
Liked
1:00:10Joni and Robert were joined by Florida Bar President Roland Sanchez-Medina, Jr. They discussed President Sanchez-Medina's path to the law, his vision for the Bar, and what he is doing to make the practice of law "kinder and gentler." Thank You Sponsors This podcast is supported by Stafi. Stafi provides trained, vetted, and experienced virtual legal…
…
continue reading

1
Special Edition: Controversy Surrounding Third DCA Judge
31:57
31:57
Play later
Play later
Lists
Like
Liked
31:57On November 11, 2024, the Miami Herald reported, "Miami Judge's Venomous Texts Come Back to Bite her in Crumbling Death Penalty Case." The article leads of: "An appellate judge at the center of one of Miami’s biggest criminal cases is facing intense scrutiny after text messages were released showing her pressuring Miami-Dade State Attorney Katherin…
…
continue reading

1
A Lawsuit over $104.55 and Jennifer's Farewell
41:56
41:56
Play later
Play later
Lists
Like
Liked
41:56Jennifer Opinion is leaving the podcast (hopefully not forever) to attend to family matters. Before she signs off, she shares her expertise about PIP and insurance law. She and Robert discusses several DCA opinions from August, September, and October. We thank Jen for her commitment to the podcast and to the members of the Florida Bar. Progressive …
…
continue reading
Professor Harold Krent joined Robert to discuss major cases at the U.S. Supreme Court. Garland v. VanDerStok, (ghost guns) (oral argument). E.M.D. Sales, Inc. v. Carrera, (burden of proof in FLSA litigation). Ames v. Ohio Dep't of Youth Servs., ("majority" plaintiffs burden of proof under Title VII). United States v. Skrmetti, (medical treatment fo…
…
continue reading
Robert, Lindsey, and Joni recap several recent DCA opinions. Citizens Prop. Ins. Corp. v. Walden, 3DCA (first impression, presuit under section 627.70125, certiorari). State v. Myers, 3DCA (Miranda). Pacheco v. Jinete, 3d DCA (residency requirement for elected office). Beans v. Beans, 1st DCA (modification to alimony). Julia v. Ramos-Baez, 6DCA (at…
…
continue reading
Adam Unikowsky is a Partner at Jenner & Block. He is at the forefront of thinking about the use of AI in the law. Adam is a graduate of MIT and Harvard Law. He focuses on appellate and Supreme Court practice in the areas of securities litigation, Indian law, patents, civil procedure, and constitutional law. Check out Adam's substack articles on AI:…
…
continue reading
Jennifer joined Robert to run throw opinions from June and July. Health and Wellness Evolution Co. V. Infinity Auto Ins. Co., 3d DCA (EUO; hearsay). Crown Asset Mgmt., LLC v. Bribiesca, 3d DCA (small-claims rules). Sch. Bd. of Broward Cnty., FL. v. State Farm Mutual Auto Ins. Co., 4th DCA (reimbursement under section 627.7405). Auto Club Ins. Co. o…
…
continue reading
Professor Harold Krent of the Chicago-Kent College of Law sat down with Robert to discuss the Court's decisions in United States v. Rahimi and Garland v. Cargill. Thank You Sponsors This podcast is supported by Stafi. Stafi provides trained, vetted, and experienced virtual legal assistants and paralegals who will take routine tasks off your plate s…
…
continue reading
Robert and Lindsey recap opinions from the DCAs, the Florida Supreme Court, and the 11th Circuit. In re: Amends. to Fla. R. Civ. P 1.110. In re: Amends. to Fla. R. Civ. P. 1.200, 1.201, 1.280, 1.440, & 1.460. In re: Amends to Fla. R. Civ. P. 1.510 and New Rule 1.202. In re: Amends. to Fla. R. App. P. 9.130. BAM Trading Servs., Inc. v. Florida Off. …
…
continue reading

1
Campaign Finance: Where Will Joe's Dough Go?
29:04
29:04
Play later
Play later
Lists
Like
Liked
29:04Robert sat down with Erin Chlopak, Senior Director of Campaign Finance at the Campaign Legal Center, to set the record straight about whether Vice President Harris will be able to use funds raised by the Biden/Harris campaign. Erin also explains why republican threats to sue to prevent VP Harris from using the funds are ill-conceived. Before joinin…
…
continue reading
Robert discussed three important Supreme Court opinions handed down in late June and early July with administrative law experts Professor Harold Krent of the Chicago Kent College of Law, and Professor Lisa Heinzerling, the Justice William J. Brennen Jr. Professor of Law at Georgetown Law. Hal and Lisa explain how Loper Bright v. Raimondo, SEC v. Ja…
…
continue reading
Co-host Jennifer Opiola joined Robert to review recent PIP and insurance law opinions issued by the Florida DCAs. Allstate Ins. Co. v. Revival Chiropractic, LLC., FSC (PIP fee schedule); see also Progressive American Ins. Co., v. Express Care of Belleview, 5th DCA). Finell v. Florida Ins. Guar. Ass'n, Inc., 4th DCA (EUOs). HCA Health Servs. of Fla.…
…
continue reading
This is a special edition to explore the Supreme Court's opinion in Trump v. United States, the presidential immunity case. The Supreme Court granted former presidents absolute immunity from criminal prosecution for actions within his "conclusive and preclusive constitutional authority," and presumptive immunity from prosecution for all his officia…
…
continue reading

1
FREE CLE: The Psychology of Jury Selection
59:18
59:18
Play later
Play later
Lists
Like
Liked
59:18Jury selection is the most important part of a trial. Many cases are won and lost during jury selection. On this episode, Robert and special guest host Joni Mosely spoke with Dr. Melissa Pigott about the psychology of jury selection and why it is important to understand prospective jurors’ values, attitudes, and beliefs. This episode is approved by…
…
continue reading
Robert spoke with Professor Courtney Cahill about the recent Florida Supreme Court opinion in Planned Parenthood v. Florida. The court held that the Florida Constitution's privacy provision does not protect a woman's right to have an abortion. The U.S. Supreme Court's opinion in Dobbs v. Jackson Women's Health Organization played a major role in th…
…
continue reading

1
Opinion Update: Stop Making Improper Comments!
44:40
44:40
Play later
Play later
Lists
Like
Liked
44:40Robert and Lindsey break down a bunch of appellate opinions. The criminal opinions begin at 25:45. CIVIL OPINIONS Neighborhood Restaurant Partners v. Wolff, 5th DCA (improper comment; mistrial; bar referral). Haslauer v. Haslauer, 1st DCA (61.16 fees). The Walsh Grp. v. Zion Jacksonville, 5th DCA (striking supplemental authority). Guardianship of J…
…
continue reading

1
Special Edition: Charging the Jury in New York v. Trump
31:10
31:10
Play later
Play later
Lists
Like
Liked
31:10The testimony is over in the NY criminal trial against defendant Trump. The jury will hear closing arguments next week and begin deliberations. But questions remain. What will the jury be asked to decide? Will the verdict form include the lesser-include offense of falsifying business records in the second degree? Both sides have a strategic decisio…
…
continue reading

1
Delay, Delay, Delay: Case No. 23-CR-80101-CANNON
44:25
44:25
Play later
Play later
Lists
Like
Liked
44:25Robert had the pleasure of sitting down with the estimable Roger Parloff to discuss the unending delays in the classified documents case against the former president. Roger and Robert also talked about the latest in the Manhattan case against defendant Trump. Roger is an award-winning journalist and a senior editor of Lawfare. He has his fingers on…
…
continue reading
On April 24th, the Supreme Court heard oral argument in United States v. Trump. The questions presented is "whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office." Professor Harold Krent of the Chicago-Kent College of La…
…
continue reading

1
The Most Powerful Branch and Faux Originalism
55:19
55:19
Play later
Play later
Lists
Like
Liked
55:19How did the Supreme Court become so powerful? Dr. Ben Johnson contends that a "little-known rule change" and the Court's unkept promise in 1928 are to blame. Dr. Johnson is an associate professor of law at the University of Florida Levin College of Law. He sat down with Robert to talk about the Court's question-selection process and how being able …
…
continue reading
Co-host Jennifer Opiola joined Robert to review PIP and insurance opinions issued by the Florida DCAs in March. Universal Prop. & Cas. Ins. Co., v. laguna Riviera Condo. Ass’n, Inc., 2D DCA (retroactivity of § 627.714(4)). Citizens Prop. Ins. Corp. v. Avril and Romain, 4th DCA (deductible as an affirmative defense). Arway v. Progressive Amer. Ins. …
…
continue reading
Equality Florida sued Governor DeSantis et al., challenging H.B. 1557 (the "Don't Say Gay" law). The parties recently settled, and Florida agreed to limit the law's scope in significant ways. Robert is joined by John C. Quinn, a partner at Kaplan Hecker and Fink, and D. Brandon Trice, counsel at Kaplan Hecker and Fink. John and Brandon were part of…
…
continue reading

1
PIP and Ins. Update - All Kinds of Conflict
29:37
29:37
Play later
Play later
Lists
Like
Liked
29:37Co-host Jennifer Opiola joined Robert to review PIP and insurance opinions issued in February, including one dealing with inconsistent verdicts and another about the retroactivity of the pre-suit demand statute under chapter 627. Universal Prop. & Cas. Ins. Co. v. Tsirnikas, 2d DCA (inconsistent verdicts); see also Chiarella v. Ford, 4th DCA. Citiz…
…
continue reading
Are you ready for new rule 1.041 (Notice of Limited Appearance), effective April 1? Tune into this episode to learn what you need to know. Robert and Lindsey also cover several opinions from January. In re: Jane Doe 23-B, 1st DCA (judicial waiver). Tanner v. Dashner, 4th DCA (single-homicide rule; ex post facto). Nelson v. State, 5th DCA (judge's c…
…
continue reading
Co-host Jennifer Opiola joined Robert to review PIP opinions issued in January. United Auto. Ins. Co. v. ISO Diagnostic Testing, 4th DCA (fee schedule). Universal Prop. & Cas. Ins. Co. v. Andre, 4th DCA (setting aside default). State Farm Mut. Auto. Ins. Co. v. Matthews, 5th DCA (prejudicial statements and right to fair trial). Sulzer v. Amer. Inte…
…
continue reading
On Tuesday, February 6th, the DC Circuit Court of Appeals issued its opinion in United States v. Trump and held that the former president is not immune from criminal prosecution for alleged crimes he committed while in office. Robert discussed the opinion with constitutional law professor Harold Krent of the Chicago-Kent College of Law. Summarily i…
…
continue reading
Professor Joe Regalia recently joined Robert to discuss how law firms can use generative AI to create and maximize efficiency and what law firms should do to prepare for the future with generative AI. Joe is an associate professor of law at UNLV’s William S. Boyd School of Law where he teaches legal writing and the intersection between the law and …
…
continue reading
Co-host Jennifer Opiola joined Robert to review a handful of PIP and insurance opinions issued in December. Advance Mold Servs., Inc. v. Universal N. Am. Ins., Co., 3d DCA (dismissal with prejudice). Universal Ins. Co. of N. Am. v. Sunset 102 Off. Park Condo. Ass’n, Inc., 3d DCA (untimely motion to amend affirmative defenses; sanctions for spoliati…
…
continue reading

1
Letter From Birmingham Jail - Dr. Martin Luther King Jr.
55:16
55:16
Play later
Play later
Lists
Like
Liked
55:16On April 16, 1963, at just thirty-four years of age and five years before his life was cut short by an assassin, Dr. Martin Luther King Jr. penned from a jail cell, the most powerful, persuasive, and poetic message ever written: Letter From Birmingham Jail. In honor of Dr. King and in celebration of his birthday, this is the audio of the Letter, re…
…
continue reading
Goodbye 2023. Hello 2024. Robert and Lindsey rundown a handful of opinions and appellate rule changes from December. D.A.N. v. State, 1st DCA (attorney sanctions). Lapham v. Walgreens, 11th Cir (retaliation claims under the FMLA and Florida’s private sector whistleblowers act). Orozco v. Rodriguez, 6th DCA (standing to seek paternity determination)…
…
continue reading

1
(FREE CLE) Overidentification and Your Mental Health
52:48
52:48
Play later
Play later
Lists
Like
Liked
52:48In April 2023, Dr. Ellen Hendriksen joined Robert to discuss Imposter Syndrome and how it can negatively affect your mental health. Dr. Hendriksen is back to kick of the new year. She sat down with Robert to talk about how overidentification and perfectionism can diminish your self-worth. Dr. Hendriksen is a clinical psychologist. She serves on the…
…
continue reading
Happy Holidays! In March 2022, Judge Adalberto Jordan of the U.S. Court of Appeals for the 11th Circuit and Judge Kevin Emas of Florida's Third District Court of Appeal sat down with Robert to talk about legal writing. They gave their views from the bench on what makes legal writing good (and not so good). Whether you are new to Summarily or an avi…
…
continue reading
Robert and Lindsey play catchup for October and November. Kenney v. State, 2d DCA (preservation; impeachment). Baxter v. State, 5th DCA (4th Amendment). See Owens v. State, 317 So. 3d 1218 (Fla. 2d DCA 2021) (“regardless of whether the smell of marijuana is indistinguishable from that of hemp, the smell . . . from a vehicle continues to provide pro…
…
continue reading
Co-host, Jennifer Opiola, joined Robert to review a handful of opinions from November dealing with a variety of important issues: Homeowners Choice Prop. & Cas. Ins. Co., Inc. v. Thompson, 1st DCA (discovery). Hughes v. Univ. Prop. & Cas. Ins. Co., 6th DCA (pre-suit notice; substance vs. procedure). People’s Tr. Ins. Co. v. Gunsser, 6th DCA (policy…
…
continue reading

1
Episode 100 - Oral Advocacy with Jeffrey DeSousa
44:20
44:20
Play later
Play later
Lists
Like
Liked
44:20The 100th Episode I started this podcast with the goal of providing lawyers with free CLE courses, caselaw updates, and practice tips, and that is what’s in store on this episode. I sat down with Jeffery DeSousa, the Chief Deputy Solicitor General in the Florida Attorney General’s Office to talk about oral Advocacy. Jeff focuses on criminal appeals…
…
continue reading
Richard W. Painter joined Robert to discuss the U.S. Supreme Court's new code of conduct, which outlines how the justices "should" conduct themselves. Richard served as chief ethics lawyer to President George W. Bush and as Associate Counsel in the White House Counsel’s Office during the Bush administration. He has testified many times before Congr…
…
continue reading

1
The Multitasking Myth and Our Diminished Attention Span
53:18
53:18
Play later
Play later
Lists
Like
Liked
53:18The data says the average attention span went from two-a-half minutes in 2003 to forty-seconds by 2020. Diminished attention is particular problematic for lawyers who are bombarded with emails, texts, calls, and social media alerts while trying to work. As our attention span diminishes so, too, does productivity and happiness. Dr. Gloria Mark joine…
…
continue reading
Co-host Jennifer Opiola joined Robert to review an important pre-suit demand case, and a cautionary tale about the benefits of motions in limine. Citizens Prop. Ins. v. Salazar, 3d DCA (motions in limine). Mercury Indem. Co. of Am. v. Cent. Fla. Med. & Chiropractic Ctr., 5th DCA (pre-suit demand letters; safe harbor). Summarily is sponsored by Bett…
…
continue reading

1
Deposing Experts with Sia Baker-Barnes (Free CLE)
59:07
59:07
Play later
Play later
Lists
Like
Liked
59:07Litigation often involves expert witnesses. Indeed, many cases rise and fall based on expert testimony. So nailing down what an expert will and will not testify about is critical to success. But deposing experts can be challenging. On this episode, Robert sat down with Sia Baker-Barnes to discuss deposing expert witnesses. Sia shared her advice on …
…
continue reading
Robert and Lindsey review opinions from September. CPPB, LLC v. Taurus Apopka City Ctr., LLC, 6th DCA (denial of motion to dissolve lis pendens). Greathouse v. State, 2d DCA (preservation of cause challenge). Collins v. State, 5th DCA (evidentiary hearing; newly discovered evidence). Gurolla v. State, 5th DCA (discovery violation). State v. Victori…
…
continue reading

1
Best Practices with Chief Judge Jack Tuter
53:24
53:24
Play later
Play later
Lists
Like
Liked
53:24What do judges expect from lawyers? How can lawyers be more effective at hearings and in motion practice? What frustrates judges most? Chief Judge Jack Tuter of the 17th Judicial Circuit joined me to discuss best practices. His valuable insight is something every litigator should hear. Summarily is sponsored by BetterHelp and The Law Office of Scot…
…
continue reading
Co-host, Jennifer Opiola, joined Robert to review a handful of opinions from September dealing with a variety of important issues: Monarch Claims Consultants, Inc. v. Cliff Fleming, et. al., (6th DCA) (venue selection clause; severability). Synergy Contracting Grp., Inc. v. Homeowners Choice Prop. & Cas. Ins. Co., Inc., (2d DCA) (fraud on the court…
…
continue reading
Adam Feldman, the creator of Empirical SCOTUS, joined Robert to discuss some of the major cases before the Super Supremes this term, including U.S. v Rahimi - a high-stakes Second Amendment case that could radically undercut DOJ's ability to prosecute certain firearm offenses. CFPB v. Community Financial Services Association of America Acheson Hote…
…
continue reading

1
FREE CLE: Let's Mediate (with Rodney Romano)
58:17
58:17
Play later
Play later
Lists
Like
Liked
58:17FREE CLE: The course number is provided towards the end of the episode. As a lawyer, you have likely participated in mediation. And you have probably seen mediation breakdown. Why? Was your case right for mediation? Were you prepared? Did you prepare your client? What are the keys to successful mediation? Rodney Romano, the founder of Matrix Mediat…
…
continue reading

1
A Court in the Shadows (with Prof. Stephen Vladeck)
40:35
40:35
Play later
Play later
Lists
Like
Liked
40:35What is the Shadow Docket? Why has it become a hot topic of late? And what do Shadow Docket orders tell us about the Court and how it picks and decides issues? Professor Stephen Vladeck of The University of Texas at Austin School of Law joined Robert to discuss his new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Pow…
…
continue reading