Client Matters

Gallagher & Associates Law Firm, P.A. March 2009
In This Issue
Federal Stimulus Package
St. Pete Mayoral Election
State Farm Pulls Out of Florida
Recusal 101
Pregnancy Discrimination
Email Directory
Federal Stimulus Package
What Can Florida Expect? 
By: Ginny Keeter-Bodkin
 
It is estimated that the State of Florida expects to receive a total of more than $12 billion from the Obama Administration's stimulus package. Most of that money will go toward health and human services, but it will also pay for new water projects, port revitalization and road construction. Here is a brief overview of what we may be seeing this year.
 
The Stimulus and Taxes:
A payroll tax credit will be the most direct aid to almost 6.9 million Floridians and their families.  Workers making less than $75,000 a year will get a $400 credit for 2009 and 2010. Couples making up to $150,000 will get $800. Higher income taxpayers would see smaller credits. Individuals making more than $100,000 and couples making more than $200,000 would not get a credit.
 
Stimulus and unemployment:
Unemployment benefits will be extended. For Florida's unemployed, that could mean up to 33 weeks. Benefits will go up $25 a week, bringing the maximum weekly benefit to $300.
 
Stimulus and the $250 check:
Social Security recipients, those on Supplemental Security Income and veterans receiving disability and pensions will get a one-time payment of $250.  Approximately 1.5 million Floridians receive Social Security or SSI payments.
 
The stimulus and college students:
College students and their families will get help in two ways. First, there's the American Opportunity Tax Credit, a $2,500 partially refundable tax credit for college tuition and related expenses for 2009 and 2010. About 195,000 Florida families will qualify, according to a Center on Budget and Policy Priorities analysis. The stimulus plan also includes a boost in the maximum Pell Grant for low-income families by $500, to $5,350.
 
Stimulus and Medicaid
Florida will get about $4 billion over two years to help patch holes in its cash-strapped, $16 billion Medicaid health program for low-income people, most of whom are children.
 
The stimulus and schools:
Money has been allotted to upgrade school buildings, including enough to equip and improve 485 schools in Florida.
 
The stimulus and transportation:
Florida should get something close to $1.5 billion for highways, bridges and transit systems the stimulus package also includes $50 million for Florida airports.
 
Stimulus and the Everglades:
Everglades restoration likely would get a piece of the $2 billion of extra construction money designated for the Army Corps of Engineers.
 
Stimulus and homeowners, home buyers:
First-time home buyers could qualify for an $8,000 tax credit if they purchased a home between Jan. 1 and Aug. 31, 2009. The credit does not need to be repaid if the home is not sold for three years.

Homeowners who install new doors, windows or furnaces to make their homes more energy efficient could get as much as $1,500 in tax credits.
St. Petersburg Mayoral Election
By: Pye Young
 
The race for the City of St. Petersburg next mayor is heating up. One common theme amongst all the candidates is the recognition that the "web" will be their friend during this mayoral campaign period. Most of the candidates have user-friendly websites, "face-book" pages, or both. The race has already experienced entrants and drop outs. Here's a brief summary of the major players who remain:

Bill Foster, 45, is an attorney and a former city council member. Foster entered the mayoral race in early February 2009. Foster, who has been rumored to have mayoral aspirations, has been tight-lipped about his plans for St. Petersburg. Foster will host an event on March 2, 2009 to formally announce his campaign slogan and website.

Scott Wagman, is a 55 is a real estate broker. He has been a resident of St. Petersburg, FL for the past 25 years. He is married to Beth Haughton who is a lawyer and community activist. Both Scott and his wife have been extremely active in social causes in the St. Petersburg community, including supporting the American Stage Theater, Lawyers for Literacy, and the St. Pete Free clinic. Scott and his wife have three children.

Jamie Bennett, 56, is currently a city council member. Bennett is married with 3 children and has lived in St. Petersburg for over 30 years. Bennett announced his entry into the race in the early part of January 2009. Bennett has promised to focus on job development and retention in the St. Petersburg area.
 
Deveron Gibbons, 35, is a business executive and a "third generation" resident of St. Petersburg. Gibbons has worked as a consultant for both private corporate and public sector of St. Petersburg. Gibbons, is involved in various organizations throughout the community and sits on the board of directors for organizations such as St. Petersburg College and the St. Petersburg Museum of Fine Arts.
Kathleen Ford, an attorney, is once again running for mayor as well. Ford, the race's most recent entrant, ran for mayor in 2001 and came in second behind current mayor Rick Baker. Ford also spent four years on city council. Ford, 51, says that as mayor, she would first tackle the issues of crime and homelessness in the city.
State Farm to Pull Out of Florida
By Mary Moser

State Farm is withdrawing from Florida's frail property insurance market. The state's largest private insurer will drop 1.2 million policies over the next two years, likely pushing many into the already bloated state-run insurer of last resort, Citizens Property Insurance Corp. The insurance giant is hanging on to some lines, including its lucrative, market-leading auto insurance business and life insurance, which some find controversial and wish state legislators would more effectively address.
 
The pullout highlights how the private insurance industry is not in a position to handle Florida's catastrophic exposure. Some maintain that this is the kind of problem that should be handled on a national basis with a national catastrophe fund. However, it is difficult to get citizens from other states interested in paying for hurricane exposure in Florida.
 
Options are limited for impacted policyholders because many of the remaining national insurers, like Allstate, are not writing new policies. Policyholders, who end up with Citizens, could face aggressively higher rates when a rate freeze expires next year. Citizens remains the largest property insurer in Florida despite attempts to push policies into the private market.
Recusal: When You Need a New Judge
By: Jeri Ostuw 
 
A right to a fair trial is a basic requirement of our judicial system.  Sometimes this cannot be ascertained if the judge is impartial for a personal prejudice or bias. 
 
The test for disqualification is if there is an appearance of impartiality from an objective third party knowing all of the facts of the case.  Essentially the standard for disqualification is very high and  unless the judge has made outward manifestations of personal prejudice outside of judicial proceedings, has a personal relationship with an attorney, or is related to one of the parties are some of the circumstances where disqualification will be necessary.
 
The rationale is to avoid judge shopping by litigants and ultimately delay judicial efficiency.  However if disqualification is warranted, the proper procedure is to ask for is a motion for recusal. 
Discrimination Case Profiled on Channel 10 
 
The case of Klemm v. CCS Medical was recently profiled on Channel 10 News.  Klemm worked at CCS for over two years.  When she became pregnant she told her supervisor, who requested verification from her doctor.  She provided the verification but was later fired.  Her pregnancy caused her to be late for work as a result of morning sickness.  However, CCS terminated her citing to a history of tardiness.  
G&A News & Notes
 
-On February 24, Erika Mariz and Charles Gallagher conduced mock interviews as part of Stetson Law's Career Services program.
 
-On February 28 Charles Gallagher served as a judge for the Yerrid AAJ Civil Trial Competition at Stetson University College of Law

-On February 6 Charles Gallagher and Erika Mariz presented a talk on Estate Planning and Probate Issues at the City of St. Petersburg's Lunch and Learn.
 
-On June 9, 2009 Charles Gallagher will speak at a SES Seminar on Commercial Landlord Tenant Law
 
-On July 29, 2009 Charles Gallagher will speak at a NBI Seminar on Bad Faith Insurance Practices
Pre-St. Patrick's Day Party
  
On Monday, March 16 @ 5:30 the we will host a Pre-St. Patrick's Days Happy Hour at our Party Deck and Tiki Bar.  Clients, vendors and friends of the firm are all welcome.   
To RSVP please contact Ginny Keeter-Bodkin  at:
727-344-5297 or 
G&A Email Directory
   
Charles R. Gallagher III crg@attorneyoffices.org
 
Erika Mariz   
 
Joseph F. Milligan
   
     Lowrey K. Woodward lowrey@attorneyoffices.org
 
Jenna M. Jordan
 
    Ginny Keeter-Bodkin ginny@attorneyoffices.org
 
Jeri Ostuw
 
   Christine Heise chris@attorneyoffices.org  
  
 
Cynthia Corder

Gallagher & Associates Law Firm, P.A. accepts cases throughout the Tampa Bay area.  Our main practice areas include: insurance litigation, real estate & business litigation, accident/injury litigation, consumer law, and employment litigation.  www.attorneyoffices.org

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.