Q. What is the difference between Federal and State Court? Who can practice in which? And what’s the benefit of having a case go to one versus the other?

All Florida attorneys can practice in the State Courts of Florida. However, not all Florida attorneys are admitted to practice in the Federal Courts. In the United States, there are two separate and parallel court systems that have jurisdiction over legal issues which affect people and entities (corporations, partnerships, LLCs, etc.). These two judicial systems, which exist side-by-side, are:

• The Federal Court system, which enforces Federal laws, rules and regulations, and applies and interprets the Constitution of the United States, where applicable; and

• The State Court system, which enforces the laws, rules and regulations of a given State (i.e. Florida) and interprets the State’s own Constitution.

The Law Firm of Burman, Critton, Luttier & Coleman and its attorneys are able to represent clients in both the United States Federal and State Court systems. In addition to Florida, BCLC attorneys have practiced in Federal Courts in other states, including New York, Louisiana, Colorado and Georgia, through special admissions granted by each specific Federal court. The advantages of trying a case in Federal Court vary depending on the matter, the parties, and whether or not Federal statutes and/or constitutional issues are implicated.

Specifically, the attorneys at BCLC are admitted to the following courts:

Southern District Court of Florida

• J. Michael Burman
• Robert D. Critton, Jr.
• Mark T. Luttier
• Gregory W. Coleman
• Bernard A. Lebedeker
• Dean  T. Xenick
• Stephen E. Walker
• Rita H. Budnyk

Middle District Court of Florida

• Mark T. Luttier
• Gregory W. Coleman
• Bernard A. Lebedeker
• Dean  T. Xenick
• Stephen E. Walker
• Rita H. Budnyk

Eleventh Circuit Court of Appeal

• J. Michael Burman
• Robert D. Critton, Jr.
• Gregory W. Coleman
• Bernard A. Lebedeker
• Dean  T. Xenick

Supreme Court of the United States

• J. Michael Burman
• Robert D. Critton, Jr.
• Mark T. Luttier
• Gregory W. Coleman

Learn more by contacting a BCLC attorney directly at 561-842-2820.

West Palm Beach, FL, December 17, 2012: Burman, Critton, Luttier & Coleman, a West Palm Beach Litigation Law Firm, is proud to congratulate partner Gregory W. Coleman who has been named president-elect designate of The Florida Bar for 2013-2014.

Coleman, who has served on the Bar’s Board of Governors since 2006, will be sworn in as president-elect at The Florida Bar’s Annual Convention in June 2013, when Eugene K. Pettis will be sworn in as president. He will take the oath as The Florida Bar president in June 2014. 

“It is a privilege and an honor to represent the nearly 100,000 members of The Florida Bar,” Coleman said. “It is truly humbling to have the opportunity to follow in the footsteps of the many accomplished and respected Florida Bar presidents before me.”

Coleman stated that his first priorities as Florida Bar president will be to continue to seek out and secure adequate funding for the judiciary and to ensure the independence of the third branch of the government. Beyond these areas of focus, Coleman said he also looks forward to continuing to help improve communications within The Florida Bar and to focus on emerging technology as a tool to assist members.

Coleman has been practicing law in Palm Beach County for more than two decades. He joined Burman, Critton, Luttier & Coleman in 1995 and was named partner in 2000. Earlier this year, he was awarded the President’s Award of Merit by The Florida Bar for the third time. Coleman became the first lawyer in the history of The Florida Bar to receive such a distinction. He is profiled in The Best Lawyers in America, is AV-rated by Martindale-Hubbell and included in their Bar Register of Preeminent Lawyers. He has also been selected by the  South Florida Legal Guide as a Top Lawyer, is listed as one of Florida Trend magazine’s Legal Elite, and has been named a Florida Super Lawyer. He devotes his practice to the areas of complex commercial litigation, personal injury, wrongful death and employment litigation.

In addition to being a part of The Florida Bar’s Board of Governors for six-plus years, Coleman has sat on the following committees: Executive Committee, Legislation Committee (Chair 2008-2009), Strategic Planning Committee (Co-Chair 2007), Client Security Fund Procedures Committee (Chair 2008-2012), Program Evaluation Committee (Chair 2010), Communications Committee (Chair 2011-2012), Budget Committee, Annual Meeting Committee Liaison (Chair 2005), JQC Screening Committee (Chair 2008-2012), JNC 4^th DCA Screening Committee (Chair 2008-2009), Rules Committee (Vice-Chair 2006-2007), Special Committee on Lawyer Regulations (Hawkins Commission Vice-Chair 2011-2012), Disciplinary Review Committee, Board Liaison to the Special Committee on Diversity & Inclusion, Supreme Court Commission on Professionalism, Presidential Special Committee on Multi-Jurisdictional Practice, Florida Rules of Civil Procedure Committee, Speaker’s Bureau (Co-Chair 2000-2001), Annual Meeting Committee (Chair 2003-2004), Long Range Planning Committee, Professionalism Committee, Client Security Fund, and All-Bar Conference Delegate.

Coleman has been actively involved within the Florida legal community, serving as president of the Young Lawyers Division of both The Florida Bar and the Palm Beach County Bar Association. Coleman served as president of the Palm Beach County Bar Association, at the time being the youngest person to serve in the position. He is a former member of the House of Delegates for the American Bar Association. View Coleman’s full profile here.

About Burman, Critton, Luttier & Coleman

BCLC is a West Palm Beach Litigation Law Firm focusing on Commercial Litigation, Personal Injury, Auto Accidents, Insurance Bad Faith, Marital & Family Law, Sexual Battery & Assault, RICO, Employment Litigation and Legal Malpractice throughout the state of Florida within Palm Beach, Broward, Dade and Martin Counties including West Palm Beach, Jupiter, Boca Raton, Lake Worth, Delray Beach, Boynton Beach, Stuart, Port St. Lucie, and the Treasure Coast. The lawyers at Burman, Critton, Luttier & Coleman, prides themselves on being trusted advocates to their clients and accomplishes this by building relationships with clients, educating them and representing them with their best interests in mind.

For more information on BCLC Law and/or to contact a lawyer, please visit http://www.bclclaw.com/. Follow BCLC Law on Facebook at http://www.facebook.com/BurmanCritton and Twitter @BCLCLaw. 

LAW FIRM OF BURMAN, CRITTON, LUTTIER & COLEMAN RECOGNIZED IN SOUTH FLORIDA LEGAL GUIDE’S 2013 EDITION

Firm Honored, Five Partners Highlighted as Top Lawyers, and Two Associates Featured as Top Up & Comers

West Palm Beach, FL, December 17, 2012: Burman, Critton, Luttier & Coleman, a West Palm Beach Litigation Law Firm focusing on personal injury, commercial litigation, insurance bad faith, family law, among other areas of practice, today announced that the firm, partners Robert D. Critton, J. Michael Burman, Mark Luttier, Greg Coleman, and Benny Lebedeker, and associate Dean Xenick have all been recognized by South Florida Legal Guide, the region’s premier legal services publication, in its 2013 edition. First launched in 2000, the South Florida Legal Guide has provided a convenient, easily accessible print and online resource for the region’s professional community for more than a decade.

Specifically, the firm and seven of its lawyers were highlighted in the following categories:

Top Law Firm

Burman, Critton, Luttier & Coleman, LLP

Top Lawyers

·         J. Michael Burman: For more than 40 years, Partner Burman has been recognized as one of the nation’s leading lawyers. Co-founder of the firm, he specializes in complex commercial litigation, personal injury, wrongful death and insurance bad faith litigation.

·         Robert D. Critton, Jr.: Partner Critton has been practicing law in Palm Beach County for more than 35 years. He has earned Florida Bar Board Certification for the competency and experience of a civil trial attorney. Critton's areas of practice include general civil and complex commercial litigation, personal injury, wrongful death, insurance litigation and legal malpractice.  

·         Mark T. Luttier: Managing Partner Luttier has been practicing law in Palm Beach County for more than 30 years. He has chosen to practice in the often difficult areas of domestic relations, personal injury and wrongful death.

·         Gregory W. Coleman:  Partner Coleman has been practicing law in Palm Beach County for more than 20 years. His practice is devoted to the areas of extremely complex commercial litigation, insurance bad faith, professional malpractice defense, personal injury, wrongful death and employment litigation. 

·         Benny Lebedeker: With more than 16 years of experience, Partner Lebedeker focuses on labor and employment law as well as personal injury. He also handles large investor fraud and complex commercial litigation.

Top Up & Comers

·    

·        Dean Xenick: Xenick has more than 12 years of experience. He practices in the areas of personal injury, wrongful death, insurance bad faith litigation, legal malpractice, construction litigation, and complex commercial litigation. 

“We are honored to be included in the South Florida Legal Guide for 2013 and to have been recognized by our peers in the legal industry,” said Coleman. “As our team of lawyers has said before, nothing is more gratifying than being nominated by those that work beside us each day and represent the residents of Florida just as we do.”

“While many publications are scaling back, the South Florida Legal Guide continues to grow,” said South Florida Legal Guide Publisher Jacob Safdeye “We thank those professionals who continue to support our print and digital publications and look forward to serving them in the coming year.”

In the past year, South Florida Legal Guide has expanded its Midyear Edition, which is published in June, and its Financial Edition published in October. In addition, the tri-county publication announced a new spring edition "REVISTA ABOGADOS" that will publish in Spanish and target the growing Hispanic population in South Florida this coming April 2013.

About South Florida Legal Guide
South Florida Legal Guide is the premier resource serving the tri-county legal community. Entering its 13th edition, the South Florida Legal Guide continues to be recognized as an invaluable source of information for both the business and legal communities. The South Florida Legal Guide currently publishes three editions a year. Selection to the guide’s top listings is based entirely on peer nominations. During the months of April and May of each year, lawyers in South Florida are invited to nominate their peers and peer firms to our several listings; Top Lawyer, Top Law Firm and Top Up and Comer. Nominations are reviewed by the editorial department. Standing with the Florida Bar, accomplishments and other factors that may attest to the individuals’ credentials are taken into consideration. For more information, visit www.sflegalguide.com. 

About Burman, Critton, Luttier & Coleman
BCLC is a West Palm Beach Litigation Law Firm focusing on Commercial Litigation, Personal Injury, Auto Accidents, Insurance Bad Faith, Marital & Family Law, Sexual Battery & Assault, RICO, Employment Litigation and Legal Malpractice throughout the state of Florida within Palm Beach, Broward, Dade and Martin Counties including West Palm Beach, Jupiter, Boca Raton, Lake Worth, Delray Beach, Boynton Beach, Stuart, Port St. Lucie, and the Treasure Coast. The lawyers at Burman, Critton, Luttier & Coleman, prides themselves on being trusted advocates to their clients and accomplishes this by building relationships with clients, educating them and representing them with their best interests in mind. For more information on BCLC Law and/or to contact a lawyer, please visit http://www.bclclaw.com/. Follow BCLC Law on Facebook at http://www.facebook.com/BurmanCritton and Twitter @BCLCLaw. 

West Palm Beach, FL, November 1, 2012 —  Burman, Critton, Luttier & Coleman, a West Palm Beach Litigation Law Firm  focusing on personal injury, commercial litigation, insurance bad faith, and family law, has been named a 2013 “Best Law Firm” by U.S. News Media Group and Best Lawyers. Specifically, Burman, Critton, Luttier & Coleman was named a Top Tier Firm for the West Palm Beach market in eight separate categories, including: Commercial Litigation, Legal Malpractice Law – Defendants, Legal Malpractice Law – Plaintiffs, Litigation – Banking & Finance, Litigation – Eminent Domain & Condemnation, Litigation – Mergers & Acquisitions, Litigation – Real Estate, and Litigation – Trusts & Estates. 

U.S. News Media Group and Best Lawyers released the 2013 “Best Law Firms” rankings today, providing a comprehensive view of the U.S. legal profession that is unprecedented both in the range of firms represented and in the range of qualitative and quantitative data used to develop the rankings.  The third edition of these rankings features law firms given consistently impressive performance ratings by clients and peers. Achieving a high ranking is a special distinction that signals a unique combination of excellence and breadth of expertise.

“On behalf of all the partners, lawyers, paralegals and staff at the Law Firm of Burman, Critton, Luttier & Coleman, we are honored to have been recognized by our peers and clients,” said BCLC Law Partner Greg Coleman.  “Having been a mainstay in the legal industry for more than three decades – and specifically in West Palm Beach, there is nothing more gratifying than receiving such an honor from U.S. News and Best Lawyers and representing our market in so many practice areas.”

The rankings, presented in tiers, showcase more than 10,000 law firms ranked nationally or by metropolitan region. Firms were ranked nationally in one or more of 80 legal practice areas and by metro or state in 118 practice areas. The mission of “Best Law Firms” is to help guide referring lawyers and clients — from the country’s largest companies requiring corporate legal advice to individuals seeking counsel regarding personal legal issues.

“The ‘Best Law Firms’ rankings are now in their third year, and the reaction to the rankings from the legal profession and from legal clients continues to be very gratifying,” says Steven Naifeh, president of Best Lawyers. “Because we combine hard data with peer reviews and client assessments, more and more clients inform us that ours are the most thorough, accurate, and helpful rankings of law firms ever developed.”

The national first-tier rankings will be featured in U.S. News & World Report’s Money issue, on newsstands November 20, 2012. The national and metropolitan first-tier rankings are featured in the “Best Law Firms” standalone publication, which is being distributed to more than 30,000 general counsels and in digital format to more than 60,000 private practice lawyers worldwide. The rankings in their entirety are posted online at http://bestlawfirms.usnews.com.  

"U.S. News has more than two decades of experience in providing the public with the most accurate and in-depth rankings of a wide range of institutions, including our Best Law Schools rankings," says Tim Smart, Executive Editor of U.S. News & World Report. "Law firms are an integral part of our rankings and a natural accompaniment to the law schools rankings."

About Burman, Critton, Luttier & Coleman
BCLC is a West Palm Beach Litigation Law Firm focusing on Commercial Litigation, Personal Injury, Auto Accidents, Insurance Bad Faith, Marital & Family Law, Sexual Battery & Assault, RICO, Employment Litigation and Legal Malpractice throughout the state of Florida within Palm Beach, Broward, Dade and Martin Counties including West Palm Beach, Jupiter, Boca Raton, Lake Worth, Delray Beach, Boynton Beach, Stuart, Port St. Lucie, and the Treasure Coast. The lawyers at Burman, Critton, Luttier & Coleman, prides themselves on being trusted advocates to their clients and accomplishes this by building relationships with clients, educating them and representing them with their best interests in mind.

For more information on BCLC Law and/or to contact a lawyer, please visit http://www.bclclaw.com/.  Follow BCLC Law on Facebook at http://www.facebook.com/BurmanCritton and Twitter @BCLCLaw.

About the U.S News Media Group
The U.S. News Media Group is a multi-platform digital publisher of news and analysis, which includes the monthly U.S. News & World Report magazine, the digital-only U.S. News Weekly magazine, www.usnews.com, and www.rankingsandreviews.com. Focusing on Health, Money & Business, Education, and Public Service/Opinion, the U.S. News Media Group has earned a reputation as the leading provider of service news and information that improves the quality of life of its readers. The U.S. News Media Group’s signature franchises include its News You Can Use® brand of journalism and its series of consumer guides that include rankings of colleges, graduate schools, hospitals, health plans and more.

About Best Lawyers
Best Lawyers is the oldest and most respected peer-review publication in the legal profession. For over thirty years, the company has helped lawyers and clients find legal counsel in distant jurisdictions or unfamiliar specialties. The 2013 edition of The Best Lawyers in America includes 41,284 lawyers covering all 50 states and the District of Columbia and is based on more than 4.3 million detailed evaluations of lawyers by other lawyers. Best Lawyers also publishes peer-reviewed listings of lawyers in nearly 70 other countries, covering many of the world’s major legal markets. Best Lawyers lists are excerpted in a wide range of general interest, business and legal publications worldwide, reaching an audience of more than 17 million readers. 

West Palm Beach, FL, August 23, 2012: Burman, Critton, Luttier & Coleman, a West Palm Beach Litigation Law Firm focusing on personal injury, commercial litigation, insurance bad faith, family law, among other areas of practice, is proud to congratulate partners Robert D. Critton and Michael Pike on obtaining a verdict of $585,000 in a slip and fall case. The verdict, which was returned Thursday, August 23, 2012, came despite a 25 percent comparative. Critton and Pike partnered to fight on behalf of the plaintiff, who was hurt in 2010 following a slip and fall in Shree Ganesh Donuts, which was doing business under the Dunkin Donuts brand. The location where the incident occurred was in Palm Beach County.

Robert D. Critton Jr. has been practicing law in Palm Beach County for more than 35 years. He has earned Florida Bar Board Certification, which is the highest level of recognition by The Florida Bar for the competency and experience of a civil trial attorney. He is profiled in The Best Lawyers in America and is also AV-rated by Martindale-Hubbell and included in their Bar Register of Preeminent Lawyers. Critton's areas of practice include general civil and complex commercial litigation, personal injury, wrongful death, insurance litigation and legal malpractice. Critton is a member of the American Association for Justice, American Board of Trial Advocates, The Florida Bar, and the Florida Justice Association. Critton is admitted to practice throughout the State of Florida and before the U.S. Court of Appeals for the Fifth and Eleventh Circuits, as well as before the United States Supreme Court. He is also admitted to practice in the District of Columbia. He is a graduate of Vanderbilt University (B.A.) and the University of Florida (J.D.).

Michael Pike has been with the Law Firm of Burman, Critton, Luttier & Coleman for more than eight years, being named partner in 2011. He has secured numerous verdicts and settlements on behalf of clients within the areas of personal injury, wrongful death, bad faith insurance litigation, commercial litigation, sexual battery & assault and RICO. Pike is a former clerk of the United States Securities and Exchange Commission and has also worked for the State Attorney's Office. He is admitted to practice in Florida and U.S. District Courts – Southern and Middle Districts of Florida.  Pike received his bachelor's degree from the University of Florida College of Journalism and Communications and J.D. with honors from the University of Florida, Levin College of Law. Pike is a member of the Palm Beach County Bar Association, the Florida Justice Association and is currently serving as President of the Palm Beach County Justice Association (PBCJA). He is also a trustee of the Wellington Chamber of Commerce. Pike is also very active with the community and involved with numerous organizations, including the Women's Foundation of Palm Beach County. 

About Burman, Critton, Luttier & Coleman

BCLC is a West Palm Beach Litigation Law Firm focusing on Commercial Litigation, Personal Injury, Auto Accidents, Insurance Bad Faith, Marital & Family Law, Sexual Battery & Assault, RICO, Employment Litigation and Legal Malpractice throughout the state of Florida within Palm Beach, Broward, Dade and Martin Counties including West Palm Beach, Jupiter, Boca Raton, Lake Worth, Delray Beach, Boynton Beach, Stuart, Port St. Lucie, and the Treasure Coast. The lawyers at Burman, Critton, Luttier & Coleman, prides themselves on being trusted advocates to their clients and accomplishes this by building relationships with clients, educating them and representing them with their best interests in mind.

For more information on BCLC Law and/or to contact a lawyer, please visit http://www.bclclaw.com/. Follow BCLC Law on Facebook at http://www.facebook.com/BurmanCritton and Twitter @BCLCLaw. 

J. MICHAEL BURMAN, PARTNER AT THE LAW FIRM OF BURMAN, CRITTON, LUTTIER & COLEMAN NAMED “LAWYER OF THE YEAR” BY BEST LAWYERS®

Four Attorneys From the Firm, Including Burman, Robert Critton, Mark Luttier and Greg Coleman Are Named to 2012 Best Lawyers List; Law Firm named to U.S. News’ Best Law Firms for 2012 and 2013

West Palm Beach, FL, August 15, 2012: Burman, Critton, Luttier & Coleman, a West Palm Beach Litigation Law Firm, is proud to congratulate partner J. Michael Burman, on being named "Lawyer of the Year in Litigation – Mergers & Acquisitions" by Best Lawyers®. Additionally, BCLC Law partners Burman, Robert Critton, Mark Luttier and Greg Coleman were all recognized as 2012 Best Lawyers. Further, the Law Firm as a whole was named to U.S. News’ Best Law Firms list for 2012 and 2013.

Best Lawyers, often considered the ‘gold standard’ for lawyers, is the oldest and most highly-respected peer review guide to the legal profession worldwide.  The organization’s lists of outstanding attorneys are compiled by conducting exhaustive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers.

As the “Lawyer of the Year in Litigation – Mergers & Acquisitions in West Palm Beach,” Burman is the only lawyer from West Palm Beach to be honored as the “Lawyer of the Year,” making this accolade particularly significant. He is also the sole winner from the Litigation – Mergers & Acquisitions category. A total of 225 lawyers nationwide were selected for the prestigious “Lawyer of the Year” award.

Burman, who has been recognized as one of the nation’s leading lawyers for more than four decades, was selected based on particularly impressive voting averages received during the exhaustive peer-review assessments. Receiving this designation reflects the high level of respect Burman has earned among other leading lawyers in the same communities and the same practice areas for his abilities, professionalism, and integrity.

“I am truly honored to have been recognized by my peers with the Best Lawyers’ Lawyer of the Year Award,” Burman said. “Having been in the industry for more than 40 years, there is nothing more gratifying than being chosen as the Best Lawyer in West Palm Beach as well as in my area of focus – litigation.”

Burman has been profiled in The Best Lawyers in America over the last twenty years, is AV-Preeminent rated by Martindale-Hubbell (the highest rating possible), and is included in their Bar Register of preeminent lawyers. He has earned Florida Bar Board Certification, the highest level of recognition by The Florida Bar. A graduate of the University of Notre Dame (B.A. 1968, J.D. 1971), Burman prosecuted capital crimes as a Criminal Division Chief for the Palm Beach County State Attorney’s Office before entering private practice.

He co-founded the Law Firm of Burman, Critton, Luttier & Coleman in 1980 and today specializes in complex commercial litigation, personal injury and insurance litigation. Burman was admitted to practice law through the State of Florida in 1971; he is also admitted to practice in the State of Colorado. More information on Burman can be found here.

Best Lawyers began designating “Lawyers of the Year” in the United States in high-profile legal practice areas. Since then, the organization has extended the “Lawyer of the Year” honor to many other countries where the Best Lawyers peer-review process is conducted as well. Lawyers being honored as “Lawyer of the Year” are selected based on particularly impressive voting averages received during the exhaustive peer-review assessments we conduct with thousands of leading lawyers each year. Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.

“We continue to believe — as we have believed for 30 years — that recognition by one’s peers is the most meaningful form of praise in the legal profession,” said Steven Naifeh, President and Founder of Best Lawyers®. “The Editors of Best Lawyers would like to congratulate J. Michael Burman for his selection as ‘Lawyer of the Year in Litigation – Mergers & Acquisitions in West Palm Beach’ for 2012.”

More information on the Law Firm of Burman, Critton, Luttier and Coleman can be found here.

About Best Lawyers®

The Best Lawyers in America was first published in 1983 and is the oldest and most respected legal referral guide in the United States. Best Lawyers surveys thousands of top attorneys in the United States, who confidentially evaluate the legal abilities of their professional peers. Best Lawyers® peer-reviewed listings are now published in almost 70 countries around the world, and our presence has grown substantially in the international legal community. The eighteenth edition of The Best Lawyers In America (2012) includes 43,629 attorneys in 135 practice areas, covering all 50 states and the District of Columbia, and inclusion in this year’s publication is based on more than 3.9 million detailed evaluations of lawyers by other lawyers.  Learn more at www.bestlawyers.com.

About Burman, Critton, Luttier & Coleman

BCLC is a West Palm Beach Litigation Law Firm focusing on Commercial Litigation, Personal Injury, Auto Accidents, Insurance Bad Faith, Marital & Family Law, Sexual Battery & Assault, RICO, Employment Litigation and Legal Malpractice throughout the state of Florida within Palm Beach, Broward, Dade and Martin Counties including West Palm Beach, Jupiter, Boca Raton, Lake Worth, Delray Beach, Boynton Beach, Stuart, Port St. Lucie, and the Treasure Coast. The lawyers at Burman, Critton, Luttier & Coleman, prides themselves on being trusted advocates to their clients and accomplishes this by building relationships with clients, educating them and representing them with their best interests in mind. For more information on BCLC Law and/or to contact a lawyer, please visit http://www.bclclaw.com/. Follow BCLC Law on Facebook at http://www.facebook.com/BurmanCritton

Law Firm of Burman, Critton, Luttier & Coleman Blog

By Stephen Walker, Associate Attorney

Of critical importance in complex divorce cases is the valuation of assets. In a divorce, marital assets will be divided up between the parties through a process called “equitable distribution.” In doing so, the trial court generally begins with the premise that the distribution should be equal.  See § 61.075(1), Fla. Stat. (2012). In order to equitably distribute the marital assets, the judge must identify the marital assets and “the individual valuation of significant assets.” See § 61.075(3)(b), Fla. Stat. A fundamental step in the process of valuing and equitably distributing the parties’ assets is choosing a date on which the value of those assets will be fairly and properly measured. Rarely will the value of significant assets remain static during the pendency of a divorce proceeding. The date for determining the value of marital assets and liabilities is governed by § 61.075(7), Fla. Stat.:

The date for determining value of assets and the amount of liabilities identified or classified as marital is the date or dates as the judge determines is just and equitable under the circumstances. Different assets may be valued as of different dates, as, in the judge's discretion, the circumstances require.

Thus, under the current statute, there is no bright-line rule, let alone a presumption, regarding the determination of the dates for valuation of marital assets.  The decision is, in large part, left to the judge’s discretion. However, over the years, certain standards have been established and followed with fairness and equity being of paramount consideration. When possible, most trial courts will endeavor to value marital assets and liabilities on a day as close as practicable to the trial if their fluctuation is passive (i.e., not due to the efforts of either party). Certain facts, though, may lead the court to choose an earlier date, such as when the increase (or decrease) in marital assets is directly caused by the actions of one spouse.

In essence, the judge will likely choose among three options for dates in valuing marital assets and liabilities: (1) the date of separation, (2) the date of filing the petition, and (3) the date of trial.  Historically, in deciding between these three options, trial courts have endeavored to choose the date that results in the most fair and equitable valuation for each asset by evaluating whether the actions of one party directly affected the increase and decrease in value of the asset at issue after the date of separation or date of petition.  In such cases, using the earlier of the date of separation or the date of filing the petition is deemed appropriate because the increase or decrease in value is a direct result of one spouse’s actions.  Consequently, the valuation date will ensure that the spouse who directly caused the increase or decrease in value receives the benefit or detriment of his or her actions, by attributing the difference in value of the subject asset or liability between the earlier date and the trial date solely to that party. On the other hand, when a long period of time passes between the date of filing the petition and the date of trial, and the change in value of an asset or liability is the result of passive forces, such market conditions or fluctuation, as opposed to the direct actions of one spouse, the increase or decrease in value of that asset or liability should be allocated between the parties equally, thus, militating towards use of the date of trial as the valuation date.

The attorneys at Burman, Critton, Luttier & Coleman are experienced in handling complex divorce cases.  Should you have questions regarding your case, please do not hesitate to contact me directly at SWalker@bclclaw.com.

By Dean Xenick, Associate, Law Firm of Burman, Critton, Luttier & Coleman    

This year the Florida Legislature made broad, sweeping changes to Florida's Personal Injury Protection (PIP) law, limiting benefits and coverage. 

PIP is a type of motor vehicle coverage that covers an insured’s medical expenses and lost wages, or can provide a death benefit in fatal incidents. PIP is referred to as "no-fault" coverage, because PIP benefits are paid without regard to who is at "fault" for the automobile accident. All Florida drivers are required to carry PIP coverage for themselves.   

The new changes to the PIP laws are important and failing to follow them could preclude you from receiving the full PIP benefits you are entitled to under your PIP insurance coverage.  Below is a list of just some of these changes and it is by no means an exhaustive list.  Although some changes to PIP are effective July 1, 2012, the majority of the revisions do not take effect until January 1, 2013.

1) When involved in an automobile accident, individuals seeking PIP medical benefits are required to receive initial services and medical care within 14 days after the motor vehicle accident.   Initial services and care are only reimbursable if “lawfully provided, supervised, ordered or prescribed by a licensed physician, licensed osteopathic physician, licensed chiropractic physician, licensed dentist, or must be rendered in a hospital, a facility that owns or is owned by a hospital, or a licensed emergency transportation and treatment provider. Follow up services and care requires a referral from such providers and must be consistent with the underlying medical diagnosis rendered when the individual received initial services and care.”   This new requirement means that if you do not receive medical treatment for your injuries within two weeks after an incident, by any of the providers listed above, you could be precluded from receiving any PIP benefits.  Therefore, it is imperative that if you are injured in an automobile accident that you receive medical treatment within the 14 day time frame.  

2) In order to receive the full $10,000 PIP of benefits, you must have an "Emergency Medical Condition"   As the Florida legislature’s bill summary states, “the bill applies two different coverage limits for PIP medical benefits, based upon the severity of the medical condition of the individual. An individual may receive up to $10,000 in medical benefits for services and care if a physician, osteopathic physician, dentist, physician’s assistant or advanced registered nurse practitioner has determined that the injured person had an ‘emergency medical condition.’" Chiropractors cannot make this determination.   An "emergency medical condition" is defined as a “medical condition manifesting itself by acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably be expected to result in serious jeopardy to patient health, serious impairment to bodily functions, or serious dysfunction of a body organ or part.”  If an individual is not diagnosed with an emergency medical condition, the PIP medical benefit limit is only $2,500.   This “emergency medical condition” designation is obviously a subjective term, which could mean the difference between an injured person receiving $10,000 in medical benefits or only $2,500 for medical treatment.

3) Massage and Acupuncture are not covered by PIP Despite the palliative and pain relieving benefits of massage and acupuncture, these treatments are no longer covered or reimbursable by PIP, regardless of the type of provider rendering such services.   

4)  Your insurance company can force you to give an "Examination Under Oath" (EUO) and undergo a medical examination or you could lose your PIP benefits Insurers are authorized to take an examination under oath (EUO) of an insured. Compliance is a condition precedent for receiving benefits (which means that the insurer owes zero benefits if the insured does not comply).

The bill also provides that if a person unreasonably fails to appear for an independent medical examination (IME), the carrier is no longer responsible for benefits.  An IME is an examination undertaken and paid for by the insurance company's physician, not the insured's treating physician. The purpose of an IME is not to render treatment to the insured, but rather to determine if the insured is injured and, if so, if the treatment he or she has received was reasonable and necessary.  Although called an "Independent Medical Examination," the doctors who perform IMEs are chosen and paid for by the insurance companies, not the patient/insured.  Refusal or failure to appear for two IMEs raises a rebuttable presumption that the refusal or failure was unreasonable and thus PIP treatment could cease.

Given the new limitations, requirements and time restrictions of the PIP statute, it is more important than ever to be vigilant and proactive after an automobile accident, in order to protect your right to receive medical benefits available under your PIP insurance policy. For more information on the PIP law or any legal issue, please contact any of our attorneys.  This article is not a complete analysis of the PIP statutes, nor does it constitute legal advice. 

To view the new PIP law in its entirety, visit the Florida Senate's website at http://flsenate.gov/Committees/BillSummaries/2012/html/215  and http://flsenate.gov/Session/Bill/2012/119

By: Dean Xenick (December 2011)

This past October, the Insurance Institute for Highway Safety (IIHS) issued its newest ratings for children's booster seats with the goal of providing parents (and caregivers alike) with valuable information on how to select the right booster seats for their children. The IIHS went so far as specifically identifying those booster seats which are most likely to provide good lap and shoulder belt fit in a range of vehicles.

The IIHS article stated, "Unlike child restraints with built-in harnesses, a booster seat relies on a vehicle safety belt to buckle the child in. Its purpose is to make the adult belt fit the child better. Booster seats are for kids who have outgrown their forward-facing restraints."

Because traditional vehicle safety belts are designed with adults in mind, and not children or their booster seats, a proper fit between the booster seat, seat belt, and child is imperative to ensure proper restraint in the event of a collision. "When a booster seat is doing its job, the vehicle belt will fit a child correctly,” the article said. “That means the lap belt will lie flat across a child's upper thighs, not across the soft abdomen, and the shoulder belt will cross snugly over the middle of a child's shoulder."

In conducting their testing and issuing the results, the IIHS assessed the booster seats “using a special crash test dummy representing an average-size 6 year-old. Engineers measure how 3-point lap and shoulder belts fit the dummy in each of the tested boosters under 4 conditions that span the range of safety belt configurations in vehicle models. An overall rating for each booster is then assigned based on the range of scores for the lap and shoulder belt measurements." 

The IIHS assigned the booster seats a rating, based upon four categories:

BEST BETS: Seats that provide a good fit for typical 4 to 8 year-olds in almost any car, minivan, or SUV.
GOOD BETS: Seats that provide an acceptable fit in most cars, minivans, or SUVs.
NOT RECOMMENDED: Those seats that don’t provide a good fit and should be avoided.
CHECK FIT: Booster seats the Institute has tested but have varied results depending on child size, vehicle model.

The article also provided guidelines for proper booster seat fit, stating that "both the lap and shoulder belts must fit your child correctly.”

The lap belt should lie flat and on top of the thighs, not higher up on the abdomen. While the shoulder belt should fit across the middle of the child's shoulder. If it falls off the shoulder or rests on the neck, it won't work as well. An improper fit could also encourage your child to move the belt to a dangerous position, such as behind the back or under the arm.

At BCLC, we urge our family, friends, colleagues and clients to take the IIHS’s advice and safety rankings to heart, check how the booster seat you are currently using ranks, and make sure that you are buckling up your children correctly. 
For more information, visit: http://www.iihs.org/research/topics/boosters/default.html

NOTE: All of the information contained in this article was obtained from the Insurance Institute for Highway Safety, who is solely responsible for its testing and findings.