Kreusler Walsh

Law Students Deliver Stellar Performance

Mon, 13 Aug 2018 04:54:34 GMT

By: Stephanie Serafin

The latest results from Florida’s General Bar Exam have been released and once again law students from my alma mater delivered a stellar performance.

The University of Miami School of Law was among only three schools to have more than 80% of their students pass the July exam. According to the Florida Supreme Court website, 84.2% of law students from UM were successful on the pass/fail test.

My colleague Rebecca Mercier Vargas is a graduate of Florida State University College of Law and candidates from her alma mater also performed well, with 83.9% passing the exam.

Florida International University is the top performer, with 87.8% of its students making the grade.

In all, 1,553 candidates from 12 Florida law schools were approved by the state Supreme Court for admission to the Florida Bar. Induction ceremonies are scheduled for next month.

Looking back on the strenuous academic challenges and stressful plight of law students determined to cross into the law profession, I want to express congratulations to all successful candidates and welcome them to the world of law.

A Reason to Give Thanks this Holiday Season

Thu, 07 Dec 2017 05:17:45 GMT

Decades of funding and research may finally be paying off for critically ill lymphoma patients and young leukemia patients now that gene therapy has been approved in the United States. The Leukemia and Lymphoma Society (LLS) has played an integral role in these life saving accomplishments.

What’s referred to as CAR T-cell immunotherapy was recently approved by the U.S. Food and Drug Administration for two pharmaceutical companies. The personalized cell therapy supercharges the immune system to find and kill cancer cells. It’s being heralded as a new era in cancer treatment.

Kymriah is a gene therapy developed by Swiss pharmaceutical giant Novartis. It’s available to patients up to 25-years-old with the most common type of acute lymphoblastic leukemia (ALL) who are not responding to treatment or have suffered a relapse.

LLS backed the medical experts who pioneered Kymriah for decades. Through multiple grants, LLS awarded more than $20 million to the research team at the University of Pennsylvania and Children’s Hospital of Philadelphia.

LLS President and CEO Louis J. DeGennaro, Ph.D. has expressed pride in the organization’s foresight. “We first began to see remarkable outcomes for some of these patients in 2010 leading us to increase our funding of CAR T therapy by supporting more than 10 major laboratories developing this method.”

Yescarta is another CAR T therapy approved this year and treats several types of non-Hodgkin lymphoma (NHL), among patients who have not responded to previous treatments. It was developed by Kite, a Gilead Company and LLS supported the clinical trial leading to Yescarta’s approval. In that clinical trial, 51 percent of patients had a complete response with no detectable cancer remaining.

Our firm’s association with the Leukemia and Lymphoma Society Palm Beach Area Chapter has allowed us to see first-hand the commitment of healthcare professionals battling blood cancers and community volunteers assisting families in turmoil. The organization offers support groups for patients and their loved ones and education programs that explore treatment options and coping skills.

Of course, the overriding mission of LLS is to raise money for research with the goal of advancing treatments and saving lives. In recognizing the promise of CAR T therapy drugs and investing millions in research and development, LLS has carried through to its goal. We are thankful for their perseverance.

Sources: LLS 1, LLS 2, LLS 3, New York Times, FDA, Cancer.gov, Yahoo News, New York Times 2, New York Times 3, FDA

Gap Pump Credit Card Skimming – A Public Concern

Tue, 21 Nov 2017 05:21:22 GMT

The number of credit card skimming devices discovered inside Florida gas pumps has gone up dramatically since last year. We think it’s important to highlight this growing criminal threat so we can all protect ourselves from identity theft and financial fraud. So far this year, at least 508 skimmers have been found inside gas pumps across Florida, compared to 219 uncovered during all of 2016. The highest number of skimmers has been found in Palm Beach County. Florida’s Department of Agriculture and Consumer Services estimates 100 consumers are victimized by each skimmer, often resulting in $1,000 stolen from each victim.

Agriculture Commissioner Adam Putnam is working to educate motorists about the hidden devices that steal information when debit or credit cards are swiped at the pumps. He released tips to protect the traveling public during the summer season and his advice is worth sharing.

Make sure security tape on a gas pump dispenser is not torn
Use a gas pump closer to the front of the store
Use a credit card instead of a debit card when possible
Immediately report any suspicion of foul play

In response to the criminal activity, state lawmakers passed a law last year requiring security measures at gas pumps and reclassifying the crime to allow for tougher sentencing. A spokesman for the Florida Petroleum Marketers & Convenience Store Association believes the legislative efforts will make a difference. “You can’t catch every single bad guy but adding a layer of security and increasing penalties for being caught with a skimmer, protects our 10,000 members and consumers.” James Miller also points out that skimmers present a financial threat to gas stations, which are branded as unsafe, after a skimming device is uncovered. “That’s why we’re assisting with security training for convenience store employees, teaching them to check every pump three times a day.”

It’s encouraging to know lawmakers and state agencies have taken steps to thwart the prevalence of skimmers but devices are still out there and law enforcement experts agree skimmers are now more advanced, and smaller and easier to use.

In order to outsmart culprits who plant skimmers, it’s best to keep skimming in mind when pulling into a gas station. As Commissioner Putnam explained this summer, “an educated consumer is the best defense” to avoid skimmers.

Sources: Florida Politics, Palm Beach Post, Fresh From Florida, ABC News

Local Charity Assists Families Affected by Drug Addition

Mon, 28 Aug 2017 05:24:59 GMT

By Jane Kreusler-Walsh

The opioid epidemic has reached every corner of our society and placed renewed emphasis on increasing resources to address drug addiction and advance treatments. I’m proud to serve as vice president of an organization committed to reuniting families torn apart by drug addiction. Making Every Day Count, Inc. raises money so recovering addicts can participate in Family or Delinquency Drug Court and eventually find their way home.

Specifically, Making Every Day Count deals with parents who have had children removed because of drug abuse or teenagers who have committed crimes because of addiction. Our funding helps pay for rent, utilities, transportation and household items while clients complete drug court programs.

The court programs are voluntary and provide intensive judicial supervision, substance abuse treatment, random drug testing and family monitoring. The success rate is quite remarkable with 75% percent of Drug Court graduates never again facing arrest, compared to only 30% of convicts released from prison who do not re-offend. As for moving families toward a second chance, the facts speak for themselves –

Parents in Family Drug Court are twice as likely to go to treatment and complete it.
Children of Family Drug Court Participants spend significantly less time in out-of-home placements such as foster care.
Family re-unification rates are 50% higher for Family Drug Court participants.

Making Every Day Count is such a worthwhile cause and right now we are looking for sponsors, underwriters and gifts for our annual luncheon and auction on November 2nd at Mirasol Country Club in Palm Beach Gardens.

Help us give struggling families of Palm Beach County a second chance to be whole again. Visit our website for details on how to get involved or to make a donation.

Resource: Making Every Day Count, Inc.

The Importance of Jury Duty

Fri, 14 Jul 2017 05:32:44 GMT

By Rebecca Mercier Vargas

It’s an American duty many citizens dread and those feelings are reflected in the availability rate of prospective jurors. In Florida, the Supreme Court sets a goal of 40% or more of summoned citizens participating in jury duty, statewide.

Given the vital role jurors play at the core of our democracy, it is imperative lawyers and the courts remain steadfast in efforts to eliminate frustrations and enhance the experience of citizens serving on a jury.

During the 2017 legislative session, Miami Senator Jose Javier Rodriguez proposed paying jurors minimum wage, or $97 dollars a day to validate the state’s appreciation for their services. This legislation also should broaden the pool of prospective jurors. Currently, jurors are paid $15 for each of their first three days of service, if they are not being paid by an employer, $30 a day after the fourth day of jury service. Chris Hudtwalcker, a legislative aid for Senator Rodriguez, says citizens who don’t have an employer willing to pay for jury duty are not as likely to serve. This is one reason why jury pools are not always representative of the public. Hudtwalcker emphasizes the democratic senator, who is a trial attorney, has seen the problem first hand. Although this legislative proposal did not receive committee consideration in the Legislature, it’s an interesting approach. The senator is likely to introduce this legislation again.

Those who serve as jurors face the enormous responsibility of weighing the law against testimony, evidence, and intricate facts relevant to a case. Add to that the plethora of possibilities a trial may focus on, often involving subjects of expertise. Complicated laws present another challenge for jurors, with little or no previous experience with the law. The sheer volume of information presented in court presents another challenge for the court to ensure jurors are knowledgeable and confident during the trial.

As chair of the Florida Supreme Court Committee on Standard Jury Instructions in Civil Cases, I have an intimate understanding of the importance of jury service. The Committee’s mission is multi-faceted and includes translating legal jargon to plain English and using terms that are understandable to people coming from various socio-economic groups and educational backgrounds. Instructions apply in all types of civil cases. The changing dynamics in the judicial system require the Committee to make frequent updates and revisions to instructions.

The civil jury instructions play an important role in increasing jurors’ understanding of the law and the judicial process. This improves juror satisfaction and willingness of potential jurors to serve.

Resources: Miami Senator Wants Florida to Pay Jurors Minimum Wage, Florida Standard Jury Instructions – Civil, How to get more people to serve on D.C. juries, Florida Courts Juror Information