Journalist/Lawyer. State litigation senior correspondent for @BLAW @BGOV @TAX @ENVIRONMENT [email protected] Tips on NJ, FL courts? DM for Signal
Madison, WI
Joined September 2014
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The Supreme Court weakened a key piece of the Voting Rights Act, making voting discrimination cases dramatically harder to bring in federal court. Cases citing Section 2 of the Act plummeted 60%, a @BLaw analysis shows. Here's a 🧵on our reporting
news.bloomberglaw.com/litiga…
Florida paralegals shouldn't be regulated by the state high court, a justice said in a dissent today suggesting paralegal certification appears to be a cash grab.
The @flcourts newest member Tanenbaum said paralegals aren't lawyers & the court isn't empowered to regulate them.
A Florida lawyer, who defended her use of AI in an 84-page brief responding to an appeals court's criticism of alleged "AI slop," has been referred to The Florida Bar for discipline. Read the ruling here: aboutblaw.com/bnaX
Today's Florida Supreme Court decision approving a new certification for insurance coverage lawyers has a highly unusual feature: the court's newest member, Justice Tanenbaum, dissented without providing his reasoning.
The court confirmed in an email that this is not a publication error.
Concurrences in judgement only without providing separate writings are somewhat common.
But dissents without explanation are an unusual black box to lawyers reading rulings.
Florida death row inmate cannot request a firing squad claiming it's "feasible, readily implemented, and in fact significantly reduces a substantial risk of severe pain" vs lethal injection. Request in reply brief is too late to argue alternative method. aboutblaw.com/bm4k
Florida will soon have a new board certification for lawyers with insurance coverage expertise, a push by @TheFlaBar to help consumers find counsel to help them with post-hurricane claims. aboutblaw.com/bm4j
Alex Ebert retweeted
COMPLETE AND TOTAL VICTORY!
The Hope Florida Hoax grand jury presentment was completely expunged by Florida's 1st DCA.
The most #Floridaman opinion ever?
FL appeals court reverses conviction of man "walking" his pet snakes to a pond. Police claimed he resisted arrest, but had no grounds to believe he was a burglary suspect because robbers don't bring pets to a job. aboutblaw.com/bm1F
First impression alert -- federal prosecutors can't bring migrant voting charge, even when vote was illegally cast in federal election.
news.bloomberglaw.com/litiga…
Alex Ebert retweeted
Remember the Florida lawyer who was ordered to explain... WITHOUT USING AI... why she shouldn’t be sanctioned after a Florida appellate court said her filings looked like “AI slop”?
She just responded... and she's pushing back HARD...
And her argument is basically:
> “AI slop” is not a legal standard.
She says the legal strategy, arguments and professional judgment were hers, that every authority was reviewed and verified, and that the court is effectively treating writing that looks AI-generated as evidence of sanctionable conduct.
She also did a full audit of the filings: roughly 237 citation instances.
Her concession?
Two errors... an outdated rule subsection and one quotation that wasn’t actually verbatim.
Her position: those are human mistakes, not fabricated law.
So this case just got MUCH more interesting.
The question is no longer merely whether lawyers can use AI.
It’s whether a court can infer that a lawyer failed to exercise independent professional judgment because the work product looks like AI... even where the cases are real, the citations exist, and the lawyer stands behind the arguments.
That is a much bigger fight for the profession.
My take: if she wrote all 84 pages of her response without using AI in 2026, free this women... she earned it! 😂
Wow... the legal profession’s pushback on AI is starting to get a lot more serious. 👀
And this one is very interesting.
A Florida lawyer is facing possible sanctions for suspected AI use even though there were no fake cases or hallucinated citations.
The cases were real. The citations were real.
The court’s issue was basically: did a lawyer actually think through and write this?
In Lisandrillo v. Palozzi, the 4th DCA tore into a series of filings in a divorce/custody case, calling them unfocused, scattershot and, at points, basically gibberish.
Judge Robert Gross wrote:
“An AI supercomputer would struggle to find meaning in some of the prose used in this case.”
The court suspected the filings had been put together using AI instead of through the lawyer’s own independent professional judgment.
It then ordered the lawyer to explain within 10 days, specifically WITHOUT USING AI, why she shouldn’t be sanctioned or referred to The Florida Bar.
The lawyer has publicly denied using AI to generate the filings.
The underlying message from the court seems pretty clear:
Using AI isn’t a defense for bad lawyering, and even technically accurate AI-assisted work can become a problem if it looks like nobody exercised actual legal judgment.
I think we’re going to see a lot more of this.
The legal profession is starting to push back on AI use in a much more fundamental way than just “don’t hallucinate cases”!
Florida appeals court tells plastic surgeon he needs to either sit for a deposition in the defamation case he's bringing against a patient (who claims he sexually assaulted her in his clinic) or dismiss so he doesn't have to plead the 5th: aboutblaw.com/bmZd
A decision by Trump appointee Anne-Leigh Gaylord Moe calls two voting rights groups "meddlers" and says the Middle District of Florida can't consider their "exact match" litigation against Florida's voter-confirmation process. This type of litigation led to changes in Georgia.
The ruling: aboutblaw.com/bmZa
The ruling is based on standing alone and doesn't go into the merits of the claim.
Today @AGJamesUthmeier has called upon a Florida court to stop @OpenAI from releasing new AI models without third-party safety testing.
Recently AI companies have welcome regulation -- the case tests whether a state court should be an AI clearing house.
news.bloomberglaw.com/litiga…
Alex Ebert retweeted
Meh, @PacificLegal has 18 Supreme Court victories to date, none involving weed or porn.
NJ appellate star Jeremy Feigenbaum is headed to a growing team at Jenner & Block, looking to take on more of the biggest issues bubbling up to SCOTUS.
As first NJ solicitor general he helped build the office to a regional player on guns, immigration, 1A
news.bloomberglaw.com/litiga…
The great @AndrewJTobias on one of my favorite podcasts — makes me miss Ohio … just a little bit. podcasts.apple.com/us/podcas…
