Author Archives: Michael Pike and Daniel Lustig
Do Expensive Cars Hit Pedestrians More Than Less Expensive Ones?
We all should look out for, and avoid injuring, pedestrians. We all believe that we do just that. But do some of us look out for pedestrians more than others? And perhaps even worse…are people who drive expensive cars even less likely to look out for and avoid pedestrians? The notion seems ridiculous. But… Read More »
What Happens When Both Parties Are At Fault In A Car Accident?
We tend to think of car accidents as being very black and white—one person is at fault, and another person is innocent or not at fault. And while many car accidents do work that way, the reality is that some cases aren’t so clear. In some cases, both sides may be at fault for… Read More »
A Class Action Shareholder Claim Has Been Filed Against The Gap; Alleged Material Misrepresentations
According to a report published by the Bakersfield-Californian, a class action shareholder lawsuit was recently filed against The Gap, a clothing and accessories retail giant based in San Francisco, California. The lawsuit accused the corporation of making material misrepresentations to investors in relation to a recent brand strategy. Within this article, our Miami shareholder… Read More »
Consumers May Be Owed Funds Over Wesson’s Multi-Million Dollar False Advertising
According to a report from CNET, a federal judge has given preliminary approval to a false advertising settlement related to Wesson oil, a popular plant-based cooking oil. The company is set to pay out a total of $3 million to affected consumers. Within this article, our Miami deceptive and unfair trade practices lawyers provide… Read More »
Ritz-Carlton Fights FDUTPA Over Alleged Deceptive Tipping
According to a report from Law360, Ritz-Carlton is still locked in an FDUTPA dispute over alleged deception in regards to its tipping practices. The lawsuit—which was originally filed against the hospitality company in 2020—contends that restaurant locations at Ritz-Carlton hotels in Florida did not give consumers proper notice before adding automatic gratuities to their… Read More »
Sovereign Immunity: Can You Sue The Government?
We are lucky enough to live in America, and often, we forget about the many liberties and freedoms that we have here in the USA. One such freedom is the freedom to sue your own government. That is rare in world civilizations. Rarely does just a common citizen get to sue his or her… Read More »
Bed Sores And Decubitis Ulcers Can Be Deadly
You may be surprised to know that one of the deadliest, most dangerous, and most common nursing home injuries doesn’t come from any kind of abuse at all. Rather it comes from the complete opposite: Doing absolutely nothing. Bed Sores We’re talking about decubitus ulcers, otherwise commonly known as bed sores. Bed sores are… Read More »
Managing Safety At Large-Crowd Events
We live in South Florida, and one of the great things about living here is the extraordinary amount of events that happen here. From concerts to fairs to festivals, almost every weekend of the year you can find something going on, and that’s not even counting our numerous sports teams. Unruly Crowds But with… Read More »
Can A Business Partner Be Held Liable For The Partnership Is Underperforming?
Entering a business partnership is a big decision that requires careful consideration and due diligence. It is important to clearly define the terms of the partnership through a written agreement and to establish a solid foundation of trust and mutual respect. It is also crucial to ensure that both parties have a shared vision… Read More »
Defective Airbags Can Cause Serious Injuries
What if you were told that something inside your car was dangerous—and potentially deadly to you? And what if you were also told that this exact same item was supposed to be there…and when working, actually saves lives? It almost sounds like a riddle. But we’re talking about an underrated feat of modern technology:… Read More »
The Golden State Warriors Named In Class Action Lawsuit Over Partnership With FTX
CNBC reports that FTX founder Sam Bankman-Fried was arrested in The Bahamas on December 12th, 2022 on a wide range of criminal charges. Mr. Bankman-Fried and the company stand accused of swindling investors out of more than $8 billion. Civil lawsuits have already been filed—and some relief defendants have been named, including the NBA’s… Read More »
Understanding Why Qualified Immunity Is So Controversial
We often hear about cases of police misconduct or police brutality in the news. But then we also hear about a concept called qualified immunity—a topic so debated, that it even has been mentioned in presidential candidate debates. But what is qualified immunity, and what does it have to do with police misconduct or… Read More »
Autonomous Trucking Company Faces Shareholder Lawsuit
According to a report from Law.com, Embark—an autonomous trucking company with a main headquarters in San Francisco, California—is facing a lawsuit from shareholders. The lawsuit alleges that materially misleading statements were made to investors. Here, our West Palm Beach shareholder dispute attorney discusses the allegations raised in shareholder lawsuit in more detail. Allegations Raised… Read More »
Partnership Law: Four Examples Of Self-Dealing
In Florida, a business partnership is governed largely by the terms of the voluntarily-agreed upon partnership agreement. Though, Florida does have a partnership law statute. Under Florida Statutes § 620.8404, business partners owe each other a “duty of loyalty.” Self-dealing constitutes a breach of the duty of loyalty. What exactly is self-dealing? Broadly speaking,… Read More »
What To Know When Starting A Business In Florida
Data from the US Census Bureau shows that an average of 4 million businesses are started every year. That average is from the past five years of business formation data in the United States. The onset of the pandemic in 2020 has driven a surge in new business creation, so the number of new… Read More »
The Difficulties Of Diagnosis And Treatment Of Brain Injuries In Minors
You probably are already aware of the dangers of a brain injury when you are in an accident. From immediate brain damage, to a slow but deadly bleed, to long term cognitive, emotional and behavioral difficulties, traumatic brain injuries or TBIs can be catastrophic and lifelong. But while a lot of discussion is given… Read More »
What Is The Eggshell Plaintiff Doctrine And How Can It Help Your Case?
We all have different bodies, and our bodies react differently to different injuries. Whether that’s because of age, some other medical condition, or just our own physiological makeup, everybody reacts differently, even to the exact same type of injury. Not Your Normal Reaction Let’s say, for example, you fall in a store and you… Read More »
The History Of Personal Injury Lawsuits
Although now extremely common, especially in the United States, personal injury lawsuits in tort for monetary damages were virtually nonexistent before the Industrial Revolution of the 19th century. So where did they come from? See below for a brief history of personal injury lawsuits: In agrarian, pre-industrial societies where most people did not travel… Read More »
Some Injuries Can be Slow To Develop
Let’s say that you get into an accident. You feel a little funny, but overall, you feel fine. Maybe you even agree to go to the emergency room, and they find nothing. You go home, assuming that you came out of the accident uninjured. You May Actually be Injured But not so fast. The… Read More »
January Is Move Over Month
In 2021, there were 217 crashes and 14,927 citations issued for motorists failing to move over for emergency vehicles and law enforcement in Florida. Therefore, every January the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) and its division of the Florida Highway Patrol (FHP) remind all motorists of Florida’s Move Over Law… Read More »