Skip to main content

Red (Jacket) Alert!


Here Spencer is making not just a sartorial point, but an economic one as well:
For nearly 25 years, I have represented the families of those who have been negligently killed in Florida in all sorts of personal injury wrongful death cases, ranging from traffic accidents to medical malpractice.  Under Florida Statute Section 768.21(2),

"The surviving spouse may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury."

According to Section 741.212, a surviving spouse must have been in a legally recognized marriage, defined only as the legal union between one man and one woman as husband and wife, and the term "spouse" applies only to a member of such a union.  This definition applies to same-sex marriages that are performed in jurisdictions where they are legal.

This means that even if a same-sex couple is legally married in one of the other 19 states, no court in Florida can recognize their marriage for any purpose, including -- and I imagine especially -- in the context of a civil wrongful death case.

It's hard to know for sure the millions of dollars this seemingly ridiculous and clearly unconstitutional law saves the insurance company every time a car or truck accident or careless doctor takes the life of a loved one, leaving families emotionally and financially destroyed.  But I have personally seen it in my legal career at least a dozen times. 
So there, the big insurance companies don't want the financial burdens that would come with marriage equality.  Thanks Obamacare!

Whether that's a true motivating factor or not, it's hard not to agree with The Red Skull Jacket's conclusion:
When I think about it, who cares? The ban on same-sex marriage won't stop people from being gay; rather it just prevents them from publicly expressing their love by entering into a committed relationship that is recognized by the law.  Would such a marriage really be so wrong?

After all, isn't the view that all men are created equal one of the cornerstones of our country's way of life?
Actually, when you review our history -- not quite.

But we're getting there.

Comments

  1. I have to give Spence a thumbs up here, on the point not the jacket. If you're going to go red go lipstick red. Go fire engine red! That washed look is soooo 1990s North Korea.

    ReplyDelete
  2. Happy Friday, SFL!!

    ReplyDelete
  3. "MAHHHN-roe county"? I actually like his jacket.

    ReplyDelete
  4. @12:16

    Do you really want to get into an argument with a gay man about fashion? Hint: It won't go well. ;-)

    ReplyDelete
  5. Mr. GW: 12:16 here. Assumed I wasn't gay did you? FAIL.

    ReplyDelete
  6. @12:50

    An assumption is a belief without proof. My proof is right there in your approval of that jacket.

    ReplyDelete
  7. I think Spencer and Ervin Gonzalez should perform a mock-same sex marriage, to promote equality.

    ReplyDelete
  8. He should have worn MJ's Thriller jacket.

    ReplyDelete
  9. Aronfield is an unmitigated publicity seeking bottom feeding 4th rate attorney.Anyone with an ounce f common sense would never hire this a**hole.Does he still bring his mommy and daddy to comtempt hearings?

    ReplyDelete
  10. I think he is brilliant. Is he gay? I know his Jewish, isn't he?

    ReplyDelete

Post a Comment

Popular posts from this blog

My Kind of Federal Judge!

Sure we have Scott Rothstein and his lovely Tom James clothier Romina Sifuentes, but Louisiana has ED LA judge G. Thomas Porteous Jr.:
A federal judge from Louisiana who had run up big gambling debts routinely solicited money and gifts from lawyers with cases before his court, Congressional investigators said Tuesday as the House opened impeachment hearings in the judge’s case. The judge, G. Thomas Porteous Jr. of Federal District Court, had more than $150,000 in credit card debt by 2000, mostly for cash advances spent in casinos, investigators said. Judge Porteous’s requests for cash became so frequent that one New Orleans lawyer said he started trying to dodge the judge.“He began to use excuses that he needed it for tuition, he needed it for living expenses,” the lawyer, Robert Creely, told a House Judiciary Committee task force. “I would avoid him until I couldn’t avoid him anymore.”
Mr. Creely said he and his law partner, Jacob Amato, gave Judge Porteous an estimated $20,000 o…

Honoring Richard C. Seavey

I drank a shit-ton of bourbon last night. Enough to float a battleship.

My head hurts. But not as much as my heart.

We lost another lawyer over the weekend. Not someone who will receive facebook accolades and other public claims of friendship and statements that he shaped and changed lives and careers. Just a guy who did the best he could with what he had. Every day. And he did very, very well to be the best person he could be. 
Richard Seavey was a profoundly private person. In his 49 years, he walked through more than his share of trials and tribulations, mostly asking for no help, leaning on no one. 

Richard was a fantastic lawyer. He could try a case. He could "litigate" a case. He could mediate and settle a case. He was nuanced. He bent but never broke. The blustery Miami lawyer never scared him. To the contrary, he found humor in it, studying it like a science project. Richard never got too high or too low. He was good at lawyering, but you got the f…

First Carnival Triumph Lawsuit on File!

It was filed in the SD FL (of course) and is pending before Judge Graham.

Check it out here.

The lawyer on the pleading is Marcus R. Spagnoletti.