Monthly Archives: October 2024
Proposals for Settlement: Getting Attorneys Fees When You Otherwise Can’t Get Them
The American rule states that the winning party in a lawsuit doesn’t automatically get its attorneys fees just for being the winner. Rather, there must either be a contract providing for prevailing party attorneys fees or a statute that awards attorneys fees. The Proposal for Settlement But there is one other way to get… Read More »
Retaliation Can be Alleged Even Based on Oral Complaints by an Employee
It is widely accepted that for employees to have a right to sue for retaliation, they must put their complaints or concerns in writing. That is, if an employee feels that an employer is doing something wrong and makes a complaint about it, in order to later say that the employee was retaliated against,… Read More »
Seller Sues Broker For Not Disclosing Buyer Jeff Bezos’ Identity
In many real estate contracts, buyers and sellers end up in lawsuits over concerns of what their brokers or agents—or even the other side to the contract—should have disclosed to them. A recent lawsuit is doing the same, but this time, with a very interesting allegation over what the seller feels that he should… Read More »
What is the Deadline to File a Truck Accident Injury Claim in Florida?
Hurt in a semi-truck accident in South Florida? You have limited time to take legal action. This raises an important question: What is the deadline to file a truck accident injury claim in Florida? The short answer is that there is a two-year statute of limitations—but you have less time to initiate your no-fault… Read More »
Woman Killed in Truck Accident With Costco Truck in West Palm Beach
According to a report from Fox 29 WFLX, a woman was killed in a tragic crash with a Costco truck in West Palm Beach. Here, our West Palm Beach truck accident attorney explains what we know about this case and highlights the rights of families after a fatal accident in Florida. Deadly Crash With… Read More »
NFL Quarterback Settles Latest Civil Sexual Assault Lawsuit
According to a report from NBC 6 South Florida, Deshaun Watson—the starting quarterback for the NFL’s Cleveland Browns—has agreed to a confidential settlement in a civil sexual assault lawsuit. It was just the latest claim against Mr. Watson—who has previously settled nearly two dozen similar civil sexual abuse claims. Here, our Miami civil sexual… Read More »
Collecting Against Consumers, and the Head of Household Exemption
Let’s say that you get a judgment against someone who owes you money. You then proceed to try to collect on that judgment, but your attorney tells you that they are claiming a head of household exemption, and that because of that, it will be difficult if not impossible to collect what is owed…. Read More »
Crucial Differences Between a Corporation and an LLC
A Limited Liability Corporation or LLC can provide the flexibility your business needs, with some advantages that a traditional company may not have. But a lot of us are not familiar with the structure, voting, and corporate documents involved in the formation and maintenance of an LLC. The Operating Agreement Like a corporation, an… Read More »
Attorney Client Privilege in the Corporate and Business World: What’s Protected?
If you speak to your attorney, you probably already know that everything you say to him or her is private and confidential. But in the context of a business and its attorney, the attorney client privilege can get a bit more confusing. Humans and Corporate Representatives The problem is a practical one. Companies are… Read More »
Should I Give a Statement to a Truck Company’s Insurer After a Crash?
Were you involved in a serious collision with a tractor trailer in South Florida? You need compensation to cover your damages—from medical expenses to wage loss to pain and suffering. However, sadly, dealing with insurance companies after a crash can be very hard. You should avoid giving a recorded statement. Here, our Miami trucking… Read More »
Truck Accidents Caused By Bad Tires
A fully loaded tractor trailer can weigh up to 40 tons in Palm Beach County. These large vehicles need safe, well-maintained tires. When a truck is on bad tires, it can dramatically increase the risk of a serious crash. Trucking companies must be held accountable for their failure to conduct proper vehicle maintenance—including for… Read More »
Florida Woman Sues Sean Combs “Diddy” for Civil Sexual Assault
According to a report from ABC 7 New York, a Florida woman has come forward to file a civil sexual assault lawsuit against disgraced rapper Sean Combs—also known as “P Diddy”, “Diddy” and “Puff Daddy.” Mr. Combs was recently arrested and charged with a serious felony federal sex trafficking offense. Within this blog post,… Read More »
Recognizing and Avoiding Self Dealing
As a high level officer or owner of a company, you have a lot of protections to keep from getting sued from those that you have a duty to protect, such as company members or shareholders. You have room to defend yourself, and argue that what you allegedly did was done in good faith… Read More »
Seemingly Innocent Job Interview Questions That Can Get You Sued
An initial job interview with an applicant for a position with your business can seem like a harmless process. After all, it’s just a fact finding mission, and a chance to evaluate a potential hire. What could go wrong, other than possibly not hiring the right person? It turns out, for an employer, a… Read More »
Finding Hidden Assets to Collect Your Judgment
If you have a business dispute, or when you are loaning money to someone, one of the biggest questions that you may have is whether or not this person or business will have the assets necessary to actually pay you should you successfully sue and win. The bad news is that there is no… Read More »
Bicyclist Killed After Being Struck By Tanker Truck in Fort Lauderdale
On September 21st, 2024, the Miami Herald reported that a bicyclist was killed in a tragic collision with a tanker truck. The incident happened in Fort Lauderdale. It is still under a more comprehensive investigation by local police. Within this article, our Miami semi-truck accident attorney explains what we know about this tragic crash… Read More »
Who Investigates a Truck Accident in Florida?
Were you involved in a crash with a semi-truck? It is imperative that you know what to do to protect your rights and your interests. Commercial truck accident claims are time-sensitive. The collision should be thoroughly investigated to determine exactly what went wrong. This raises an important question: Who investigates a truck accident? The… Read More »
Arrest Made After 14-Year-Old High School Student Sexually Assaulted in Gainesville
On September 21st, 2024, The Independent Florida Alligator reported that a 14-year-old high school freshman was sexually assaulted on campus at Gainesville High School. An 18-year-old student is now facing a sexual battery charge. Here, our Miami sexual assault attorney explains what we know about this case and explain when a school can be… Read More »
No News Isn’t Necessarily Good News When It Comes to Real Estate Transactions: Lessons from a Fort Lauderdale Land Deal
By: Tim O’Neill, Partner Real estate transactions are often one of the most significant investments individuals make in their lifetime. However, these transactions can become costly mistakes without proper due diligence. A recent case in Fort Lauderdale highlights the importance of thorough research and understanding before finalizing any real estate purchase. In September 2023,… Read More »
