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Smoak Chistolini Barnett

Case Note-Inattentiveness of a juror is enough to satisfy a racially neutral reason for a peremptory strike.

By Case Notes

Travelers Home and Marine Ins. Co., v. Gallo, 2018 WL 2448799 (Fla. 5th DCA, June 1, 2018) By: Kimberly Nuñez, Esq.   The Fifth District Court of Appeal’s ruling in Travelers Home and Marine Ins. Co., v. Gallo, 2018 WL 2448799 (Fla. 5th DCA, June 1, 2018) helps explain how a juror’s nonverbal behavior, such as inattentiveness, can serve as a proper basis to sustain a peremptory strike even after it has been challenged on the basis of race discrimination. Travelers…

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South Florida’s Premier Labor & Employment Conference

By Firm News, Labor & Employment

 Our Partner Kelly Charles-Collins, Esquire Presenting faculty member for: The 8th annual  South Florida’s Premier Labor & Employment Conference Sexual Harassment and Investigations in the #MeToo Movement What is unlawful sexual harassment  – The basics; what impact the #METOO and #TIMESUP movements have had on employee behavior and employee complaints; what cultural shifts businesses need to make in the workplace Presented by Kelly Charles-Collins of Smoak Chistolini & Barnett   Seminar Overview The Trump era is having a seismic impact not…

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SOCIAL MEDIA IN THE WORKPLACE

By Firm News, Labor & Employment

By Kelly Charles-Collins, Esquire “It’s all fun and games until somebody loses their job” The use of social media has increased exponentially over the years as a primary means of communication for many people. I remember when all we had was a beeper. Remember you would put in “07734” to spell out “hello.” Or you would stand and “bitch” next to the company water cooler. Yes, I just dated myself; memories. But I digress. Social Media in the workplace is…

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SMOAK, CHISTOLINI & BARNETT PARTNER KELLY CHARLES-COLLINS ELECTED TO BOARD OF DIRECTORS FOR PACE CENTER FOR GIRLS IN HILLSBOROUGH COUNTY

By Firm News, Labor & Employment, Tampa

Smoak, Chistolini & Barnett “SCB” Partner Kelly Charles-Collins has been elected to the Board of Directors for the PACE Center for Girls in Hillsborough County.   Kelly is a trial attorney with over 19 years of experience representing businesses in employment law matters, and providing day-to-day preventive counseling for employers and training for employees. She also presides as an Arbitrator for the American Arbitration Association. Kelly is a licensed attorney in Florida, Georgia and the U.S. Virgin Islands.   “Women…

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GEICO General Insurance Company v. Martinez, 3D17-1086, 43 Fla. L. Weekly D86a (Fla. 3rd DCA 2017)

By Appellate / Insurance Litigation, Case Notes

By Aaron Proulx, Esquire   In this case, the Third District Court of Appeal addressed the common issue regarding whether an unripe bad faith claim must be dismissed or whether such a claim may be merely abated and remain within the underlying case.  The Third District held that such a claim must be dismissed. This was an automobile accident case.  Plaintiff, Katherine Martinez, filed suit against the tortfeasor, Diana Guevara.  Guevara was insured by GEICO.  Martinez presented a third-party bad…

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Florida Raises Minimum Wage for 2018

By Firm News, Florida Law, Labor & Employment

By: Kelly Charles-Collins, Esquire   Effective January 1, 2018, Florida’s new minimum wage is $8.25 per hour. Things you should know: Florida law requires that the Florida Department of Economic Opportunity calculate a minimum wage rate every year. Minimum wage applies to all employees in Florida who are covered by the federal minimum wage laws. Employers must pay their employees minimum wage. Employers who employ “tipped employees” who are eligible for tip credit under the Fair Labor Standards Act (“FLSA”),…

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“Employers, did you know … Hillsborough County has a Human Rights Ordinance that prohibits discrimination and retaliation?”

By Firm News, Florida Law, Labor & Employment

By: Kelly Charles-Collins, Esquire Florida employers are usually aware of the federal laws prohibiting discrimination and retaliation, such as Title VII, the American with Disabilities Act and the Age Discrimination in Employment Act. Many are also aware of the state law, the Florida Civil Rights Act. But very few are aware that many counties and cities have their own human rights ordinances, which apply to employers with as few as five (5) employees. One such ordinance is the Hillsborough County…

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Validity of “offer of judgment” in cases seeking both equitable relief and damages rests on whether “real issue” is one for damages or equitable relief

By Firm News

By: Kelly Charles-Collins, Esquire Validity of “offer of judgment” in cases seeking both equitable relief and damages rests on whether “real issue” is one for damages or equitable relief It is well-settled law that a party is not entitled to fees under Florida’s offer of judgment statute, section 768.79, where the plaintiff seeks only non-monetary relief. MYD Marine Distrib., Inc. v. Int’l Paint Ltd., 187 So.3d 1285 (Fla. 4th DCA 2016); National Indem. Co. v. Consol. Ins. Servs., 778 So.2d…

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SCB’s 2017 Metropolitan Ministries Holiday Drive

By Firm News

This year we are pleased to announce we were able to donate bigger than ever to our local independent non-profit Metropolitan Ministries.  Helping families here in Tampa Bay who happen to be in need since 1972. This year we covered the bases donating money, educational toys, baby care necessities, as well as Food. Thank you, Team Smoak Chistolini & Barnett you’ve done it again. Great Job and Happy Holidays! Everyone!   Please Donate to Metropolitan Ministries Here

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