BEFORE THE INVESTIGATIVE PANEL OF THEFLORIDA JUDICIAL QUALIFICATIONS COMMISSION

STATE OF FLORIDA

INQUIRY CONCERNING A JUDGESC13-1333

LAURA MARIE WATSON, NO. 12-613

JUDICIAL. QUALIFICATIOI`1S COIVIPLIAI`ICE WITH'I'H~ OIVIIOtIBiTS ORDER OIL PENDII+IG MOTIOI\IS DATED

DECEli7BEl2 20, 2013

PURSUANT TO the Chair's December 20, 2013 Omnibus Order on Pending Motions,

the JUDICIAL QUALIFICATIONS COMMISSION, by and through Special Counsel, discloses

the following expert intended to be called at the Final Hearing in this matter:

Randolph BraccialargheProfessor of LawShepard Broad Law CenterNova Southeastern University3305 College AvenueDavie, FL 33314-7796

Ptofesor Braccialarghe has extensive experience in the ethics of the legal profession as

well as the Rules Regulating The Florida Bar. His curt•ent Curriculum Vitae is attached hereto

setting forth this experience.

Professor Braccialarghe has had available for review the filings with the Supreme Court

in this matter as well as the following, but not limited to:

The Notice of Formal Charges Filed by the JudicialQualifications Commission against The HonorableLaura Marie Watson.

Filing # 9257855 Electronically Filed 01/16/2014 04:25:32 PM

RECEIVED, 1/16/2014 16:28:37, John A. Tomasino, Clerk, Supreme Court

SC13-1333

2. The Rules Regulating The Florida Bar,particularly Chapter 4,Rules ofProfessional Conduct.

3. The Code ofJudicial Conduct.

4. Florida Judicial Qualifications Commission Rules.

5. The Constitution ofthe State ofFlorida, At-ticle V, section 12.

6. A sample Joint PIP Contract used by all three PIP firms along with the solicitation brochure the three firms used to get clients.

7. A sample"SettlementPackage"sent to their various clients upon resolution ofthe bad faith and underlying PIP claims. This was a mass settlement.

8. Authority to Represent — Contract ofEmployment with Stewart, Tilghman,et al.

9. The Memorandum ofUndet•standing.

10. The Amended Memorandum ofUnderstanding.

1 1. The Final Judgment dated Apri124,2008 in the case Kane &Kane.

12. Summary ofProgressive settlement proceeds.

styled Stewart v.

13. Affidavits filed by Drs.Fishman and Stashak in the case styled Fishman, Stashak vs. Laura M.Watson,February 4,2011.

14. Deposition transcript ofLarry Stewart,March I5,2005.

15. Deposition transcript ofLarry Stewart,May 8,2006.

16. Deposition transcript ofLaura M.Watson,October 21,2004.

17. Deposition ofPaula Rescia,August 2,2005.

18. Deposition transcript ofJames Kirvin, M.D.,December 12,2005.

19. Deposition transcript ofuric Fishman,M.D.,2005.

20. Deposition transcript ofCraig Lichtblau,M.D.,2005.

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21. Trial testimony,in Stewart,Tilghman,et al., vs. Marks &Fleisher,et al., ofLaura M.Watson,Volumes LIII, pages 6222 tht•ough Volume LVIII, page 6965.

It is Professor Braccialarghe's opinion that Judge Watson's actions, when an attorney,

violated the Rules Regulating The Florida Bar,specifically those set forth in the Notice of

FoNjnal Chap°ges filed by the Judicial Qualifications Commission. Those actions occuiz•ed on or

after November 1, 1966 and warrant discipline. Such actions demonstrate a present unfitness to

hold office in that such improper conduct,though having occurred as a practicing attorney,

erodes the public confidence in thejudiciary.

Professor Braccialarghe is available for deposition January 17,2014,morning only;

January 20,2014 between the hours of10:Q0 a.m and 5:00 p.m.; January 21,2014,between the

hours of10:00 a.m.and 5:00 p.m. and January 23,2014,morning only.

2. Lan•y S. Stewart Stewart,Tilghman,Fox,Bianchi &Cain,P.A. 100 S.E. Third Avenue Suite 3000 Miami,FL 33131

Mr.Stewart is being called as a fact witness but, it may be argued some ofhis testimony

is expert in nature. Accordingly,in the abundance ofcaution,the Judicial Qualifications

Commission is making this disclosure. His current Curriculum Vitae is attached hereto setting

forth this experience.

Mr.Stewart is a trial attorney with extensive experience amassed over 50 years of

practicing law. He has previously been recognized as an expert in matters ofethics, punitive

damages,and reasonable attorneys'fees. Mr. Stewart has personal knowledge ofthe matters set

forth herein. His resume is attached to this disclosure. Mr.Stewart has been deposed twice in

the action before Judge Crow and testified extensively at trial. Additionally,he has been

3

SC13-1333

deposed in this proceeding brought by the Judicial Qualifications Commisson. All ofhis

opinions are set forth,in detail,in this prior testimony. Thus,his opinions are based on his

personal knowledge.

It is Mr. Stewart's opinion that the settlement resulted in a grossly excessive attorney's

fee for Laura M.Watson and her law fii~rn, Watson& Lentner~ and/or Laura M.Watson,P.A.

d/b/a Watson&Lentner as well as the other PIP lawyers. Mr.Stewart has pez•sonally examined

500 ofthe PIP files ofthe PIP attorneys. It is his opinion that the work performed was routine,

assembly line work and for which mostofthe work could be,should be,and was performed by

paralegals.

There is no basis for a contingency risk multiplier in the PIP cases. The PIP clients did

not have any difficulty in finding counsel In those cases they were actually solicited by the PIP

lawyers who readily accepted their cases. The clients were notin any crisis situation; most had

written offthe non-payments from Progressive and were otherwise operating profitable

businesses. The clients were not aware that they had a PIP claim until they were solicited by the

PIP attorneys. There was no risk ofnon-payment in the handling ofthese cases since fees were

authorized and the cases regularly settled. The fact that PIP lawyers convinced somejudges,on

occasion,to award a multiplier does not change the fact that legally a multiplier is not

recoverable.

There was no legal basis to prevent a major punitive damage award against the

Progressive Insurance Companies on account oftheir PIP claims handling practices.

SC13-1333

DATED this 16th day ofJanuary,2014.

Respectfully submitted,

FLORIDA JUDICIAL QUALIFICATIONS COMMISSION

/s/ Miles A.McGrane,III Michael Schneider',Esquire Miles A.McGrane,III, Esquire General Counsel The McGrane Law Finn Florida Judicial Qualifications Commission Special Counsel Florida Bar No.: 525049 Florida Bar l~TO.: 201146 1110 Thomasville Road 2103 Country Club Prado Tallahassee,Florida 32303 Coral Gables,Florida 33134 Telephone: (850)488-1581 Telephone: (305)213-4812 Facsimile: Facsimile (305)397-2966 Service E-Mail: Service E-Mail: ~~~~~~~~~~~r~a~.~I~ric~~~a~e~,orn ~~ie~nt~~~~~tt;~?~~~iC~`~~.cvt~~

CERTIFICATE OFSERVICE

I HEREBY CERTIFY that a true and coi7•ect copy ofthe foregoing has been furnished by

electronic service,this 16th day ofJanuary,2014 to:

The Honorable Laura Marie Watson Circuit Judge, 17th Judicial Circuit 201 S.E. 6t" Street,Room 1005B Fort Lauderdale,FL 33301

t~r~;~~~a~~~!.1 I~~~.~1~c~~~~-~~.~~°~~

Robert A.Sweetapple,Esquire Alexander D.Varkas,Jr., Esquire Sweetapple,Broeker& Varkas,P.L. 20 S.E. 3rd Street Boca Raton,FL 33432 ~~i~a~ir~~~~~,~~et~~~l~la~°ec~~~

5

SC13-1333

Lauri Waldman Ross,Esquire Ross& Girten 9130 South Dadeland Boulevard Suite 1612 Miami,FL 33156

The Honorable Kei~y I. Evander Chair ofthe JQC Hearing Panel 300 S. Beach Street Daytona Beach,FL 32114 ~~~~~ac~eric'~i%r~~c~t~z~t~;.:~E~<

Henry M.Coxe,III, Esquire Counsel for The Florida Bar 1Ol East Adams street Jacksonville,FL 32202 Telephone: 904-353-0211 _ro c~;b~~e~ifi~°~~~zo~~~~1

Melissa W.Nelson Counsel for The Florida Bar 50 N.Laura Street Suite 3300 Jacksonville,FL 32202 Telephone: 904-798-3200 I~I~ ~.~,~~+i}11,Cr'.17?~ '-1711' ;',%C?~'C ~.4;-~)I17

BY:/s/ Miles A.McGrane,III Miles A.McGz~ane,III, Esquire

D

RANDOLPHBRACCIALARGHE

Nova Southeastern University Shepard Bz•oad Law Center 3305 College Avenue,Fort Lauderdale,FL 33314-7721

(954)262-6169'fax(954)262-3835 RB@nova.edu

LEGALEMPLOYMENT

Professor ofLaw 1983-present

Nova Southeastern University Fort Lauderdale,FL 33314

Current Courses: Evidence &Professional Responsibility. Past Courses: Trial Advocacy 1983-1997,Criminal Clinic director or co-director' 1983-1996,Criminal Law 2000 - 2005,&Civil Procedure 2002 - 2005.

Attorney 1981-1983

English,McCaughan& O'Bryan Fort Lauderdale,FL 33301

litigation Department: Banking-related matters including overdue notes, mortgage foreclosures,replevin actions, and garnishments; landlord-tenant actions; privacy of patient health care records.

Assistant State Attorney 1977-1981

Office ofthe State Attorney 17th Judicial Circuit Fort Lauderdale,FL 33301

Special Investigations April -June 1981

Felony Division Trial Attorney January 1979 -April 1981

County Court Supervisor November - December 1978

County Court Trial Attorney November 1977 - November 1978

Types of Cases: Numerous jury trials and non-jur~~ trials, including murder, sexual battery and kidnapping while in felony division, and larceny of electricity and driving while under the influence in misdemeanor division.

Law Clerk McDonald &McDonald 1976 Miami,FL 33135 (summer)

EDUCATION

University ofMiami School ofLaw Coral Gables,FL Juris Doctor,May 1977

University ofMichigan Ann Arbot•,MI A.B.in history, 1970

PUBLICATIONS AND ARTICLES

"Florida Revet•ses Its Per Se Reversal Rule on Improper Prosecutoz•ial Comments on a Defender's Right to Remain Silent," 13 F1a.St.U.L. Rev. 1119(1986)(with DeFoor).

``Survey of 1lth Circuit Court ofAppeals'Evidence Decisions,"37 Mercer'L.Rev.

1369(1986)(with Dobson and Messing).

"Florida Evidence Decisions," 10 Nova L.Rev. 1021(1986)(with Dobson).

"A Lawyer's Duty To Disclose His Client's Intention To Lie." Florida Bar News (Nov. 15, 1986).

"Pretrial Preparation by the Prosecution," book chapter,Florida Pretrial Practice in Criminal Cases(1987).

"Representation ofa Criminal Defendant Who Intends to Lie -- Another View," Fla. Bar J., July 1987 at 29.

"Bad Role Models For Law Students;'' Miami[& Broward I Review(August3, 1987).

"Client Perjury: The Law in Florida,°' 12 Nova L.Rev.707(1988);reprint in edited form in The Advocate,December 1988.

"Defense Attorneys &Perjured Testimony," Miami Herald(March 27, 1988).

"Whata Lawyer is Ethically Required to do when Representing a Criminal Defendant Who Intends to Lie at Trial," Criminal Law Section Newsletter,Nov. 1989 at 40(with Duncan).

2

"Having It A11 -- Offering Ci°iminal and Civil In-house and Extern Programs,"The Flozida Bar• Journal,65 no.7(July/Aug. 1991):39-40(with Messing,Howard R., and Adams,William E., Jr.).

"Response [to The Florida Bar's Petition -- A Client's Use ofan Alias is a Fraud on the Tribunal]." Criminal Law Section Newsletter, Oct. 1993 at 9.

"Why Were Perry Mason's Clients Always Irulocent? The Criminal Lawyer's Moral Dilemma-The Criminal Defendant Who Tells His Lawyer He Is Guilty,"39 Valparaiso L.Rev.65(2004).

BAR ADMISSIONS

1977 -- Florida 1979 -- District ofColumbia 1978 -- U.S. District Courtfor the Southern District ofFlorida; Trial Bar, 1983 1979 -- U.S. 5th Circuit Court ofAppeals

BAR ACTIVITIES

Code and Rules ofEvidence Committee ofthe Florida Bar 1987-1990

Seventeenth Judicial Circuit Grievance Committees 1987-1990 - 17-D - Vice Chairmanfrom 1988 1994-1997 - 17-D - Vice Chairman and Chairman 1997 2005-2008 - 17-A - Vice Chairman 2007;Chairman 2007-8

Special Committee on Perjured Testimony 1987-1989

Co-Counsel for The Florida Bar in a disbarment proceeding, The Florida Bar v. Stephen BroudX 1993-1994

Florida Bar Professional Ethics Committee 1993-1996&2003-2009

Florida Bar•Ethics 2000 Review Panel 2001-2002

Expert Witness for the Florida Bar in The Florida Bar v. Brian Neiman 2001-2002

Special Committee to Review the ABA Model Rules 2002 2002-2005

Expert Witness for the Florida Bar in The Florida Bar• v. Daryl Brown 2003

Criminal Procedure Rules Committee 2008-2014

3

CLEPARTICIPATION AND SPEECHES

Instructor•: Trial Training Program for Florida Prosecutors and Public Defenders, Nova Law Center,Fort Lauderdale(August 1983).

Coordinator: Court Practice Institute's National Trial Advocacy Seminar,Nova Law Center;Fort Lauderdale(March 1984).

Team Leader: Trial Training Program for Florida Prosecutors and Public Defenders, Nova Law Center,Fort Lauderdale(May 1984).

Instructor: Trial Training Program for Florida Prosecutors and Public Defenders, Holland Law Center•ofthe University ofFlorida, Gainesville(August 1984).

Director: Trial training Program for Florida Prosecutors and Public Defenders, Nova Law Center,Fort Lauderdale(May 1985).

Instructor: Trial Training Program for Florida Prosecutors and Public Defenders, Holland Law Center, Gainesville(May 1986).

Speaker: Evidence training session for Hearing Officers ofthe P'lor•ida Unemployment Compensation Appeals Review Board,Fort Lauderdale(February 6, 1987).

Speaker: Training session for'American International Group lawyers,Fort Lauderdale,"The Florida Evidence Code and Insurance Defense"(April 8, 1987).

Instructor: Training Program for Prosecutor and Public Defender intenl supervisors, Florida State Law School,Tallahassee(April 24,1987).

Instructor: Advanced Trial Training Program for Florida Public Defenders,Florida State University Law School,Tallahassee(August 14, 1987).

Speaker:Palm Beach County Bar Association,"Ethics Seminar," WestPalm Beach (May 26, 1988).

Speaker: Legal Services ofGreater• Miami Inc., Miami,"Ethics for the Legal Aid Lawyer"(June 29, 1988).

Speaker: Ethics Seminar for Nova alumni,Miami(September 28,1988).

Speaker: Ethics Seminar sponsored by the Young Lawyers Section ofThe Broward County Bar Association,Fort Lauderdale(November 4, 1988).

0

Instructor: National Institute for Trial Advocacy's Florida Regional NITA Program, Fort Lauderdale(February 21-25, 1989).

Panelist: Mini-Academic Conclave,Florida Bar Annual Meeting,"The Ethical Dilemma,"Orlando(June 16, 1989).

Speaker: CLE sponsored by The Academy ofFlorida Trial Lawyers,"Ethics in Criminal Litigation: A Look at Ethical Problems Confronting Defense Counsel in Criminal Litigation," Orlando(August25,1989).

Speaker: Ethics Seminar sponsored by Legal Services ofGreater Miami,Inc., Miami(January 24,1990).

Speaker: Ethics Seminal•sponsored by the Polk County Criminal Defense Lawyers Association,"The Rules ofProfessional Conduct &Criminal Defense,"Bartow (March 28, 1991).

Speaker: annual summer conference and training program sponsored by the Florida Public Defenders Association,Inc.,"Ethics,Ethics,"Daytona Beach(July 11, 1991).

Speaker: Ethics Seminar sponsored by the Broward State Attorney's Office,"Ethics for Prosecutors," Fort Lauderdale(November 8, 1991).

Speaker: Ethics Seminar sponsored by the Dade State Attorney's Office,"Ethics for Prosecutors," Miami(November 22,1991).

Speaker: Ethics Seminar sponsored by the Palm Beach County Bar Association; "Ethics in Criminal Litigation," WestPatin Beach(Apri122, 1992).

Speaker:Summer Conference for Prosecutors sponsored by the Prosecuting Attorneys' Council ofGeorgia,"Professional Issues for Trial Prosecution and Practice"&"Ethical Issues Confronted by Trial Prosecutors," Savannah(July 20, 1992).

Speaker: Ethics Seminar for the National Institute for Trial Advocacy's Florida Regional Program,"Ethics for Civil Litigators," Fort Lauderdale(March 2, 1993).

Speaker: Ethics Seminar sponsored by Legal Services ofGreater•Miami,Inc., "Ethics for• Legal Aid Lawyers,"Miami(Apri128,1993).

Speaker:CLE sponsored by the WestPalm State Attorney's Office;"Evidence for Prosecutors," WestPalm Beach(September 2,1993).

Speaker: Craig S. Barnard American Inn ofCourt LIV,"Is It Just Perception?," WestPalm Beach(March 16, 1994).

Speaker:CLE sponsored by the Broward State Attorney's Office,"Ethics for Prosecutors,"Fort Lauderdale(April28,1995).

Speaker: Orientation seminar for Newly Appointed Bankruptcy Judges,sponsored by the National Judicial Center,"Ethics for Federal Judges," Washington,D.C. (June 19, 1995).

Speaker:CLE sponsored by St. Thomas Moz•e Society,"Contemporary Ethical Issues Facing the Moral Practitioner,"Fort Laudez•dale(Feb. 16, 1996).

Speaker: National Seminar for Federal Defenders,sponsored by the Federal Judicial Center,"Ethics,Criminal Defense,and Popular Culture,"Boston(April 1, 1996).

Speaker: Workshop for U.S. Magistrate Judges in the lst,3rd,4th,7th& 10th Circuits,sponsored b~~ the Federal Judicial Center,``Ethics for Federal Magistrate Judges," Williamsburg(June 13; 1996).

Speaker•: CLE sponsored by the Broward County Women Lawyers' Association, "evidence,"Fort Laudet•dale(November 20,1996).

Speaker:Panel Moderator at CLE sponsored by the Browai•d County Bar• Association,"Ethics,"Fort Lauderdale(Apri14, 1997).

Speaker:CLE sponsored by the Trial Lawyers ofthe Collier County Bar Association,"Ethics at the Movies."Naples(November 7, 1997).

Speaker:CLE sponsored by B'nai B'i•ith Justice Unit#5207."Professional Ethics and Criminal Defense,"Fort Lauderdale(August 25, 1999).

Speaker:CLE sponsored by the Broward County Court system for Traffic Hearing Officers,"Professionalism and Ethics,"Fort Lauderdale(December 7, 1999).

Speaker:CLE sponsored by the Hillsborough County Criminal Defense Lawyers Association,"Why Were Perry Mason's Clients Always Innocent?"Tampa (December 14, 1999).

Speaker:CLE sponsored by the Professional Education Systems Institute,"An Ethical Dilemma in Criminal Defense,"Dania(March 5,2004).

Panelist: Ethics,Bi•oward Inns ofCourt,Font Lauderdale(March 14,2005).

D

Speaker: Ethical Considerations in Pleading New Clients,Broward Public Defenders Office,Fort Lauderdale(July 8,2005).

Panelist:Professionalism,Practicing With Professionalism Seminar,The Florida Isar, Deerfield Beach(December 1,2005).

Speaker:CLE sponsored by St. Thomas More Society,"Ethics and Professionalism Seminar: A.View from the Bench,Bar,Classroom &Trenches,"Font Lauderdale (October 27,2006}.

Panelist: Professionalism,Practicing With Professionalism Seminar,The Florida Bai~, Coral Springs(December 1,2006).

Speaker:CLE sponsored by the Broward Association ofCriminal Defense Lawyers, "Ethics in Criminal Defense,''Fort Lauderdale(November 14,2008).

Speaker:CLE sponsored by the Broward County Matrimonial Lawyers, "Ethics in Matrimonial Law,"Fort Lauderdale(March 3,2009).

TELEVISION INTERVIEWS AND OTHER SPEECHES

Speaker: Gold Circle ofNova University lecture,"Ethics,"Fort Lauderdale(March 17, 1986).

Interview: WPLG Channel 10 - Interviewed by Dwight Lauderdale and Ann Bishop on"Live at Five"aboutthe Ellis Rubin case and what an attorney's response should be to a client who intents to commit perjury, Miami(July 11, 1986).

Speaker: Nova University Moot Court Society,"A Lawyer's ethical obligations when his client wants to lie -- Ellis Rubin,"Fort Lauderdale(October•23,1986).

Speaker:Nova University Gold Circle "Distinguished Faculty Seminar," "Defending the Guilty Client," Fort Lauderdale(November 12, 1986).

Panelist: WLRN Channel 17 - Participated in a panel discussion about Bernard Goetz on Storer Cable's ``You &TheLaw",Fort Lauderdale(Summer'1987).

Panelist: WPEC Channel 12 - Participated in a panel discussion on Channel 12's "Eye Witness First News''program,"7s a Client's Identity Privileged?"WestPalm Beach(June 2, 1988).

Interview: WPEC Channel 12-Live interview on"Eye Witness First News"to discuss a petition to impanel a grandjury regarding whether a client's name is privileged or should be revealed, WestPalm Beach(July 8, 1988).

7

Moderator: Symposium on the Federal Judiciary Act sponsored by Nova Law School,Font Lauderdale(February 10, 1989).

Speaker: Business Associates meeting at Christ Church - United Methodist, "Conflicts: Defending the Guilty Client," Fort Lauderdale(March 22, 1989).

~peakei~: Nova University Gold Circle lectures,"Defending the Guilty Client," Fort Lauderdale(April 18, 1991).

Interview:WJNO 1230 AM - Interviewed live on the Jack Cole show and discussed use ofWilliams Rule Evidence in the William Kennedy Smith case(July 24,1991).

Panelist: WXEL Charu~el 42- Participated in a panel discussion broadcast live on "Newsmakers"aboutthe William Kennedy Smith case, WestPalm Beach(August 8, 1991).

Interview: WCIX Channel6 - Interviewed on"6 Action News"aboutthe Tonya Harding case, Fort Lauderdale(Januazy 28,1994).

Speaker: Orientation for new law students at St. Thomas University School ofLaw, "Bar Admissions,"Miami(August 1994, 1996,1997,1998,September 1999, November 2000,October 2001,September 2002&Feb~uaiy 2003).

Interview: WPLG Channel 10 - Interviewed on"Live Eyewitness News"about consumer fraud in the building trades,Fort Lauderdale(August 5, 1999).

Speaker: Speech to law students atFAMU College ofLaw,"Florida Bar Admission," Orlando(January 13,2011).

0

I,ARI~~'~.ST~VVART One Southeast Third Avenue,Suite 3000

Idliami,Florida 33131 Phone:(305)35~-6644 FIX:(305)35~-4707

ADMITTED TOPRACTICE: F1oi•ida, 1963 United States Supreme Court,1967 United States Court ofAppeals,Fifth Circuit, 1965

United States Court ofAppeals,Eleventh Circuit, 1981

United States Count ofAppeals,Fourth Circuit; 1990

United States District Court,Southern and Middle Districts ofFlorida, 1963

EDUCATION: University ofFlorida,BA 1960

Flot~ida Blue Key University ofFlorida,JD with honors 1963(number 1 in class)

Order ofthe Coif University ofFlorida Law Review,Executive Editor' University ofFlorida Moot Court Team Florida Bar Moot Court Competition,Best Brief1963

John Marshall student Bar• Association,President American Law Students Association

Vice President Fifth Circuit Board ofDirectors Chair Scholarship and Fellowship Committee

Certified in Civil Trial Advocacy in 1981 by the National Board ofTf•ial Advocacy and in

1983 by The Florida Bar

HONORS AND AWARDS: ABA TIPS Pursuit ofJustice Award,2007 The Florida Bar,G.Kirk Haas Humanitarian Award,2002

Association ofTi•ial Lawyers ofAmerica: 2002 Champion ofJustice Award New Lawyers Division,Joe Tonahill Award,1994 Wiedemann Wysocki Citation ofExcellence, 1990, 1992, 1999,2003,2004

American Board ofTz•ial Advocates,Florida Federation ofChapters(FLABOTA)

Special President's Award,2003 Florida Trial Lawyer ofthe Year,1993

Academy ofFlorida Trial Lawyers: B.J. Masterson Lifetime Achievement Award,2010

Perry Nichols Award,1995 Al J. Cone Lifetime Achievement Award,1992

President's Award 1980

ATLA-NJ Gold Medal for Distinguished service,2004 Florida Lawyers Action Group,Crystal Eagle Award. 1994 Dade County Sar Association, 1995 Special Service Award Trial Lawyers for• Public Justice:

Trial Lawyer ofthe Year Honorable Mention 1983 Trial Lawyer ofthe Year•Finalist 1989

BestLawyers in America, Woodward/White,I~lc.(20 years plus) 2011 MiamiPersonal Injury Litigator ofthe Year

Lativdy°agon, 500 Leadinb Litigators in America Flog°ida Trend, Florida Legal Elite South Florida Legal Guide, Top Attorney Flog°ida Monthly, Florida's Top Lawyers Flog°ida Super Lawyers,Law &Politics,The Top 100 Melvin M.Belli Society, Outstanding Achievement Award 1994-1995 Martindale Hubbell AV rating(30 years plus)

ORGANIZATIONS:

ASSOCIATION OF TRIALLAWYERS OF AMERICA President 1994-1995 Executive Committee 1990 to 1996;2001-2002 Board ofGovernors 1983 to 1994 Sustaining Member 1977to 1990 Chair ATLAPAC 1997-1999 Co-Chair ATLA Endowment 1998-2001 Co-Chair ATLA List Committee 1997 Co-Chair Public Affairs Committee 1993-1994 Medical Malpractice Task Force 1992-1993,Co-Chair• 1993-1994 Chair Ethical Conduct Committee 1989-1990.member 1989-1993 Chair Ethics Committee 1988-1989 Chair Soard Reorganization Committee 1988-1989 Chair Ad Hoc Committee on Section Roles 1989-1990 Co-Chair Section and Litigation Group Coordinating Council 1992-1993 Co-Chair Organizational Review Committee 1991-1992 National College ofAdvocacy Board ofTrustees 1989-1993 Committee to Investigate DuPontPlaza Hotel Fire 1987-1988 Election Committee 1988-1989 Designated Debate Leader on Advertising Resolution 1989 MemberM Club 1984-1998 Civil Justice Foundation Champion 1986-1999 Executive Committee Birth Trauma Litigation Group 1990-1993

TRIALLAWYERS CARE,INC. President 2001- 2002

Member Board ofDirectors 2001 ­

ACADEMY OFFLORIDA TRIALLAWYERS President 1978-1979 Secretary 1976-1977 Board ofDirectors 1972-1994 Governing Council Amendment 10 Campaign

THEFLORIDA BAR Chair Trial Lawyers Section 1975-1976 Chair Civil Trial Certification Committee 1984-1986 Chair Continuing Legal Education Committee 1972-1974 Vice-Chair•Rules Committee 1971.-1973 Chair Basic Ti•ial Advocacy Course Development 1974-1975 Young Lawyez•s Section,Boaz•d ofGovernors 1967-1973,Treasurer 1970-1971

FLORIDASUPREMECOURTCOMMITTEEONSTANDARDJURYINSTRUCTIONS CIVIL

Member2000 -- 2009 Chair,Book Reorganization Subcommittee 2007 — 2009

DADSCOUI~TTY TRIALLAWYERS ASSOCIATION Founding Member

UNITED STATES DISTRICT COURT,Southern District ofFlorida Admission Rules Committee 1980 - 1989 Mediation Rules Committee 1991 - 1994

INTERNATIONAL ACADEMY OF TRIALLAWYERS Board ofDirectors 1989-1995 Chair Membet~ship Committee 1991-1993 Vice-Chair Administration ofJustice Committee 1990 Chair• Site Committee 1989, 1993,1999

FELLOW,AMERICAN COLLEGE OF TRIAL L1~WYERS

FELLOW,INTERNATIONAL SOCIETY OF BARRISTERS

INNER CIRCLE OF ADVOCATES

AMERICANBOARD OF TRIAL ADVOCATES Founding Member Miaini,Florida Chapter

R05COEPOUNDINSTITUTE President 1999-2001

Vice-President 1997-1999 Trustee 1993-1997 Lifetime Fellow Chair, 1998 — 2000 State Court Judges Forums Chair, 1993 Court Funding Roundtable Contributor and Moderator 1992Pound/Yale State Court Judges Forum

TRIALLAWYERSFORPUBLIC JUSTICE Sustaining Member 1985­

PUBLIC CITIZEN Sustaining Member 1984­Charter Member,Paz-tners in Citizenship

INSTITUTEFORINJURY REDUCTION Sustaining Member 1988-1995

AMERICAN JURY FOUNDATION Trustee 1993-1995

THE AMERICANLAW INSTITUTE,1993 to date Member ofthe Council,2003 — to date Program Committee,2005 — 2012 Executive Committee,2013 -­Torts: Product Liability, Members Consultative Group Torts: Liability For Physical and Emotional Haim,Advisor Torts: Apportionment ofLiability, Advisor Agency,Members Consultative Group Restitution and Unjust Eru•ichment, Members Consultative Group EmploymentLaw,Members Consultative Group Law ofAggregate Litigation,Members Consultative Group Law ofLiability Insurance,Advisor Intentional Torts,Advisor

RAND Institute for Civil Justice,Boaz~d ofOverseers 1999 — 2007 Center for Catastrophic Risk Management and Compensation,Board ofAdvisors 2013 -­

ACADEMIC CONFERENCES ANDTASK FORCES Florida Legislature 1989-90 Motor Vehicle Insurance Task Force Advisory Panel University ofIowa Damages Study, 1993;Dissenting Remarks at 80Iowa

L.Rev. 1265(July 1995) CPR Commission on Ethics and Standards ofDispute Resolution Practice 1995

University of Michigan Journal of Law Reform Products Liability Symposium, 1996 University ofKansasLaw and Organizational Economics Center,S~~mposium, 1998:The

Restatement(Third)ofTorts:Products Liability:Is itaReasonabilitySafeP~°oduct? University ofConnecticut School ofLaw,Liability and Insurance After September 1 ltl,

March 2002 State GovernmentAffairs Council,LeadersPolicy Conference"Leadingin TurblentTimes',

Key Biscayne, Fl., Nov. 2003, The True Cost of Medical Malpractice. Paper presented:"The 2003 Medical Mapractice Crisis"'

TheProducts Liability Restatement:Wasit a Success?,BrooklynLaw School,November 13 and 14,2008

A Symposium on the Third Restatement ofToz-ts, Wake Forest University School ofLaw, Apri12 and 3,2009

AUTHOR "The Case ofthe Pre-NatalInjuNy'; 15 Univ.F. L.Rev.527(1962) "The Duty ofObtaining Medical Consent'; Vol.48,No.8 Florida Bar Journal p.614,

October 1974 "Do We Really WantA ManagedBaf°?", Vol.L,No.2,Florida Bar Journal p.94(February

1976) Chapter "GeneNalP~°inciples", Florida CivilPractice Damages,published bytheFloridaBar

1968;revised for• Second Edition(1980) Chapter "P~°e-Ti°ial Confer°ences", Florida Civil Practice Before Trial; published by the

Florida Bar, 1969;revised for 1975,1983 and 1993 editions "The WinningEdge--The OpeningState~zent'; Trial Diplomacy Journal, Vol.7No.4,

Winter 1985/85 "Second OpiNion-Our°JudgesA~•e NotDest~~oying the ToNtSystem", VoL LX,No.4,Florida

Bar Journal,pg.24,April 1986 "The "ToNtRefot~m"Hoax'; Trial Magazine,July 1986,p.89 "In Seas°ch ofGold-The OdysseyofTNend v. Honey~~ell'; TrialDiplomacy Journal,Winter

1987/88 "Adve~°tising: The Needfoi° u Sty°ongATLA Policy", ATLA Advocate,Vol. 15,No.6,July

1989 "Af•guingPain andSuffering Dan2ages in Sum~r2ation", Trial Magazine,March 1992,p.55 "Dealing With The Longevity Defense", 8 ATLA Professional Negligence Rep.No. 1,Feb.

1993 "MedicalIncompetence: The Gi°eat Hidden Secs°et", Trial Magazine,May 1993,p 36 "Towa~°d 2000`; Trial Lawyer,Vol.6,Issue 4,July 1993 "The FactsAboutJufy Away~ds", Tr•ial Magazine,May 1994(with Baz-ty J. Nace),p. 18 "Plaintiffs' BaT^ Questions Pf°oducts Liability Pf°oposal", The National Law Journal, August 1, 1994, B22; reprinted as "The ALI and Products Liability: Restatement or Reform?",Trial Magazine,September 1994,p.28 "Damage Caps WillHurtInjuNed ConszcmeNS'; The Washington Times,Insight Magazine,

Nov.7, 1994;reprinted Trial Magazine,September 1994,p.68 "P~otectA3neNicans, Not Unsafe Pi°oducts", National Debate,December 1994 at p.40 "ADR Is No Solutionfor Injured Consumers'; Jour. ofMass. Academy ofTrial Attorneys,

Vol.2,No.3,p.29(Jan. 1995) "An Inter°view With La~~ry S. Stelvcrf°t'; ACCA Docket,Vol. 13,No.2,p.28(March/April

1995) "Damage Allocation LcrwsPose Tht°eat to Fcri~ness", The NationalLaw Journal; July 24,

1995,C6 RemarksofAdvisoryPanel Member•Lan•~~ S. Stewart,Esq.,"Impf•ovingJudicial OveNSight

ofJury Damages Assessments: A Pf°o~osalfor the Comparative Additu~°/Renzittuf° Review ofAwaf°dsfor NonpecuniaryHaifnsandPunitive Z~amages", Vol.80,No.5 Iowa L.Rev. 1265(July 1995)

Opening Statements: "The Missing Treasia°e: I~Vho's Res~on,sible",Trial Magazine,March 1996,p.52

President's Pages, Trial Magazine,Aug. 1994 tht•ough July 199 "TheImpactin Your Next Ti°ialofToy°tRefoNm in the Conga°ess, Stute Legislatures, andthe

Coui°ts",Forum,Vol.26,No. ~}, p.24,May 1996 "WI~yIBecame a TNialLawyer°: The Real Re~~af•d",Trial Magazine,July 1996,p.59 "The ALI'sP~°oposedRestatement-How WillItAffect YouiPractice?-An Interview With

Lai°ry S. Stewat°t",ATLA Law Reptr., Vol. 15,No.8,October 1996,p. 157 "Timmy TuNnble v. Cascade Bicycle Co.:A Hypothetical Case Under the Restatement

(Thif~d)StandaNdfor Design Defect,'"30 U.Mich.J. L.Reform 511(1997) Roundtable on Pi°oducts Liability Litigation,Trial Magazine,November 1997,p.22 "A Manifestly Unreasonable Design: The Habush Amendment- An Exception to

Proofofa Reasonable Altef°native Design", Vol. VIII,Na. 1 Kansas Jour. ofLaw &Public Policy 78(1998)

'`Keys to Success",Trial Magazine,July 1998,p.41 "Phase Tivo ofthe ALI's Tout's Pj°oject: Appof°tionnzent ofLiability", Trial Magazine,

August, 1998,p.26 "A Ne~~ Fi ontier", Trial Magazine,November 1998,p.20 "The Duty to WaNn -A McctteT° ofReasonableness, NotArbit~°a~~iness", Vol.73,No.4,The

Florida Sar Journal p. 55,April 1999 Trial Lawyers Care "Attorney Handbook",published by Trial lawyers Care 2001;revised

edition 2002;supplements 2002 - 2003 "TheSeptember 11''' Victim Co~zpensation Fund,Pastor°Pf°ologue?"9Conn.Ins.L.J. 154

(2003) "Coin°ts Overrule ALI`Consensus'On Products", Trial Magazine,November2003,p. 18. "Constitutional Requij•ements FoN Punitive Da~~ages--Reality, NotHyperbole—The Real

ImpoNtofState FccNm v. Campbell",The Florida Bar Journal,March 2004,p. 34. "No Victim LeftBehind–Attoi°Heys ofMef°cy",Trial Magazine,July 2004,p.67. "Psychiatt°ic-Legal Considerations In PNOViding Mental Health Assistance to Disaster

Su~vivoT°s", (with Dr. Stuart Kleinman),27 Psychiatric Clinics ofNorth America 559(2004).

"Twists at Ti ial–A Case ofDevine Intel°vention", Tr•ial Magazine,September2007,p.58. "Reaffif°3~2ingStrictLiability I'o~°ProductDesign Cases", Ti•ial Magazine,November•2008,

p. 26. "Sty°ict Liability Foy°Pf°oductDefective Design, The Questfog^ uWell-ONdeNedRegime", 74

Brooklyn L.Rev. 1039(2009).

"A "Top Ten"ofNe1a~ Toy°t Toolsfrom The Ne~a~ Restuten2entfoi° Physicaland En2otional Has°ni,"(with Michael D.Green),Trial Magazine,Apri12010,p.44.

"The Rebirth ofthe FloridaStanda~°d CivilJuryInst~°zfctions", TheFloridaBar Journal,May 2010,p. 13.

"Clay°ificution on the Duty to Exercise Caf°e,"37 William Mitc11e11 L. R. 1492(Vol. 37, 2010).

BOOK REVIEWS "The Preparation ofaProduct Liability Case",Baldwin,Hare and McGove171,Little Brown

and Company(1981) "Moral Vision and Professional Decisions", Rand Jack and Dana Jack, Cambridge Univ.

Press(1989),Trial Magazine,Dec. 1990,p.4~­"TheLaw ofLawyet•ing: A Handbookonthe Model Rules ofProfessional Conduct",2d Ed.,

Hazard and Hodes,Prentice Hall Law &Business(1990), Tiial Magazine, Apr•. 1991,p.73

"The Litigation Explosion", Walter Olson,Truman Talley Books(1991),Trial Magazine, Aug.,1991,p.75

"Anatomy ofCross-Examination",Leonard E.Davies,Prentice HallLaw &Business,Trial Magazine,April, 1994,p.73

"Medical Malpractice and the American Jury: Confronting the Myths About Jury Incompetence,Deep Pockets,and Outrageous Awards",Neil Vidmar,University of Michigan,Trial Magazine,Nov. 1995,p.84

"Integrity",Stephen L. Carter,Basic Books,Trial Magazine,July 1496,p.95 "No Contest'', Ralph Nader and Wesley J. Smith,Random House(1996),Trial Magazine;

Jan. 1997,p.72

TRIALS PUBLISHED Dorsey v. Honda Motor Co.,Ltd.. M.BELLI,MODERN TRIALS(2nd Ed. 1982)2.125 Tietig v. Chris-Craft Corp., M.BELLI, MODERN TRIALS (2nd Ed. 1982) 42.1002;

Gibbons and Smith, Products Liability Litigation, Callaghan &Company(1988) Appendix 13B

Weiner v. Blue CrossBlue Shield,"Centerpiece"29 ATLA L.Rep.408 Nov.(1986) Placker v. Peoples Gas System,"Centerpiece" 31 ATLA L.Rep.408 Nov. 1988 Trend Coin Co.v.Honeywell,Inc.,Opening Statements:Good Beginnings,Trial Magazine,

Mai. 1996 Dorsey v. Honda Motor Co.&Reilly v. Schneider•,FIGHTING FORPUBLIC JUSTICE,

Cases and Trial Lawyers ThatMadeA Difference.the TLPJ Foundation(2001)pp. 6-7, 140-141

FACULTIES ofContinuing Legal Education programs:

Academy ofFlorida Trial Lawyers Magnolia Bar Assn. ALI/ABA Maryland Trial Lawyers Assn. American Bar Assn, Appellate Melvin M.Belli Seminar

Judges Seminar American Institute ofMedical Law Assn of American Law School Professors, Conf. on Torts Association of Trial Lawyers of

America Broward County Trial Lawyers Assn. Caduceus SelfInsurance Fund California Trial Lawyers Assn Connecticut Trial Lawyers Assn.. Dade County Trial Lawyers Assn. Dade Judicial College Defense Research Institute Florida Circuit Judges Conference Florida College ofAdvanced

Judicial Studies Georgia Trial Lawyers Assn. Hastings College ofAdvocacy Indiana Trial Lawyers Assn. Iowa Trial Lawyers Assn. Kansas Trial Lawyers Assn. Kentucky Academy ofTrial Attys. Louisiana Trial Lawyers Assn.

ADDRESSES to: Academy ofFlorida Trial Lawyers ABA Section ofLitigation American Bar Foundation Forum on

Product Liability American Corporate Counsel Assn. Broward County Trial Lawyers Assn. Dade County Trial Lawyers Assn. Dallas Trial Lawyers Assn. Greater Miami Chamber ofCommerce The Florida Bar Indiana Trial Lawyers Assn. Lee County Bar Assn

TESTIMONY before:

Miimesota Trial Lawyers Assn. Nat. Assn. Railroad Trial Counsel National College ofAdvocacy Nebraska Assn.ofTi•ial Attorneys New Mexico Trial Lawyers Assn. North Carolina Academy of Tz•ial

Lawyers North Dakota Trial Lawyers Assn. Ohio Academy ofTrial Lawyers Palm Beach County Bar Assn. Pennsylvania Trial Lawyers Assn. South Carolina Trial Lawyers Assn. State Bar•ofSouth Dakota The Floz~ida Bar Utah Trial Lawyers Association Virginia Trial Lawyers Assn. West Virginia Triallawyers Assn. Western Trial Lawyers Assn. Wyoming Trial Lawyers Assn. Trial Lav~ryers Care,Inc.

Massachusetts Acaademy ofTrial Lawyers

Kansas Trial Lawyers Assn. West Virginia Trial Lawyers Assn. Melvin M.Belli Society International Academy ofTrial Lawyers North Carolina Academy ofTi•ial Lawyers Texas Tz•ial Lawyers Association National Conference ofInsurance

Legislators(NCOIL) Palm Beach Co.Trial Lawyers

North Carolina Legislature, Special Committee on Medical Malpractice Liability Medical Malpractice Symposium,Florida Agency for Health Care Admin.Nov. 12, 1993 Committee on Commerce,The Florida Senate,Jan. 10, 1994

Judiciary Committee,U.S.House ofRepresentatives, 104th Congress,Feb. 13,1995 Energy and Commerce Committee,U.S.House ofRepresentatives, 104th Congress,

February 21,1995 Consumer Affairs,Foreign Commerce and Tourism Subcommittee ofthe U.S. Senate Committee on Commerce,104th Congress,Apri13,1995

Select Senate Committee on Litigation Reform,The Florida Senate, Sept. 18, 1997

TELEVISION and RADIO appearances on:

TPlavicinn

WPLG-TV,Miami KARE-TV,Minneapolis CNBC,J.A.M.A. Medical.Rounds CNN,The Woi•ld Today CNN,Newsday CBS,Sunday Night News CNN,Inside Business CNBC,Cal Thomas Show Conus TV News ABC Nightline CNN,Newsmaker Saturday It's Your Business ABC News,Good Morning America

Radio: CBS Radio,The Gil Goss Show British Broadcasting Coip. WSYR Syracuse,Midday With Joe Galuski

The PatBuchanan Show NPR,Talk ofthe Nation CBS Radio,Crosstalk WAMU Washington,The Derrick IVIcGrinty Show WTOP.New Yoik Sun Radio Network,Opinions WMXJ Miami,South Florida Majic NBC Radio,O'Leary Kamber Show USIA,Australian Teliconference WKSL Salt Lake,KSL Talk

OTHER ORGANIZATIONS AND HONORS Martindale-Hubbell AV rating 1973- to date

CNN,Cz•ossfire CBS,This Morning ABC,Woi•ld News Tonight WETA-TV/PBS,Teclmopolitics French Agency TV Orange County Cable News Fox,Morning News Inside The Law MSNBC,Hardball MSNBC,Imus in the Morning NBC6/WTVJ LTNIVISION,Aqui Y Ahora

WKFH Wichita,The Kathleen Clark Show PBS,Sunday Rounds NPR,Morning Edition KCNN,Grand Forks,Hot Talk Radio America,Dateline Washington Talk AmericaRadio,The Bill Bailey Show The Susan Loggins Show WEVO,Concord,N.H.Perspectives KCPW Salt Lake,Public Affairs Hour KGO,San Francisco,Pete Wilson Show WPVN,Columbus,Ohio,The Sterling Show

570 KVI,The Michael Medved Show WNYC,Brian Lehere Show

Who's Who International, Ame~^ican Law,In Ames°ica, andSoz~th andSouthwestEditions University ofFlorida College ofLaw Alumni Council 1986-1994

Alumnus Profile, Univ.ofFlorida Lawyer•, Spring 1995 Palmer Preparatory School Board ofTrustees 1978-1985; Chair 1982-1984 WPBT Television Director• 1986-1990; Chair Art Auctions 1984-1985 Dade County Art in Public Places Committee 1979-1981 Center For The Fine Arts Board ofTrustees 1991-1994 Florida Federal Judicial Nominating Commission MiamiProject to Cure Paralysis,Legal Advocates Committee Doral Ryder Open,Boai•d ofGovernors 1987-1989 University Club,Boar°d ofDirectors 1970-19?6;President 1975-1976 Grove Isle Club,Board ofDirectors 1980-1993 Vail Homeowners Assn,Board ofDirectors 2008 — Vail Jazz Foundation,Boaz•d ofDirectors 2010 -­