Blogs & Resources

In commercial litigation, it is very common that the corporate designee at trial is not a particularly insightful factual witness. When the factual witnesses at trial are employees of an opposing party that is headquartered out of state, this often puts you in a position where you are taking “trial depositions” and reading in transcripts at trial. As you can imagine, this does not have the same effect that a live witness does, but is there a way around it?

An expert witness is an individual that is authoritative in their particular field and able to assist the finder of fact in reaching a conclusion at a trial. Aside from discerning whether the potential expert witness is someone who can make some sort of impact on the case and present well to a fact finder, it is important to know what is required in order to have that expert presented to the fact finder for evaluation of the expert opinion. This post describes the law and methods utilized in qualifying an expert witness in Florida.

Have you ever represented a creditor in a bankruptcy action where the debtor and/or the debtor’s attorney seem to be dragging their feet in moving the action forward?  In these situations, it may feel like your client will never see relief for its claim.  However, there are multiple methods of […]

Featured in the June 2012 Issue Partner’s Perspective J&C Shareholder Named to 2012 Class of Leadership Jacksonville New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.

Jacksonville, Fla. – June 20, 2012 – The law firm of Jimerson & Cobb, P.A., is home to two shareholders receiving recognition from Florida Super Lawyers Magazine. Attorneys Charles Jimerson and Christopher Cobb were both named 2012 Rising Stars, a peer-nominated recognition designating the top attorneys in the state under […]

As the cost of litigation continues to rise, especially the costs associated with retained experts, it becomes more and more imperative to use all means available to limit the costs attributable to your clients whenever possible. If you have been involved in litigation for any length of time, either representing defendants or plaintiffs, it is likely you have had opposing counsel point to the ever increasing costs of the experts you will be required to retain throughout the litigation. It is more likely still that opposing counsel has threatened to require reports from each expert and depose the experts, continuing to increase the costs of litigation that you or your client will be forced to cover. Many times these tactics are used to force early settlement by clients or firms that are unable front the costs associated with retained experts in litigation. When you are confronted with these situations, you and your clients will be well served by Florida Rules of Civil Procedure 1.280 and 1.390.

Florida’s Banking Statute of Frauds was enacted in order to curb a 1980’s trend of increasing lender liability lawsuits. The enactment of this statute has made it difficult for Plaintiff’s to maintain tort based claims that might otherwise flow from the written loan documents. Typically, such claims involve oral promises pertaining to breach of an oral commitment to lend, breach of an oral agreement to refinance an existing loan, breach of an oral agreement to forbear from enforcing contractual remedies or breach of an oral agreement to take certain actions in connection with the underlying loan. By requiring that loan documents be in writing for a borrower to sue a lender on those types of claims, the Banking Statute of Frauds prevents borrowers from pursuing claims based upon oral representations or understandings. The effect of the Banking Statute of Frauds is to bar tort claims that otherwise may have been colorable under common law.

The Constitution of the United States of America is the ultimate authority which allows foreign judgments to be domesticated in Florida.  Judgments of any other state in the union may be domesticated in Florida, but its statute of limitations varies depending on how and why a petitioner is seeking enforcement.  […]

Featured in the May 2012 Issue Partner’s Perspective J&C Shareholder Named to Florida Construction Industry Licensing Board J&C Shareholder Named President of the First Coast Chapter of the Risk Management Association New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.

A Limited Liability Company (“LLC”) is a business entity structure which is allowed  by Chapter 608, Florida Statute.  As a result, what the statute creates, the statute can also take away.  A LLC allows its owners (called Members), to have limited personal liability for the debts and actions of the […]