Author Archives: Michael Pike and Daniel Lustig
Why Impairment Ratings And MMI Are Important In Your Injury Case
Many people after an accident, as they treat with their doctors, may eventually realize that they fully heal. That is, of course, the hope for all accident victims. But others will not fully heal. They will usually improve, slowly over time…and then, the improvement stops. It seems like they have gotten as healed and… Read More »
What You Need To Know Before Heading On A Long-Distance Trip
The news for air travelers has been all bad. First, a systems meltdown last month at Southwest Airlines left thousands of passengers stranded over the holidays. Then, a few weeks later, thousands of flights across the U.S. were canceled or delayed after a system that offers safety information to pilots failed, so the FAA took the… Read More »
Can Shareholders Access All Corporate Records In Florida?
The right to access and inspect corporate records is one of the most fundamental rights that shareholders have in Florida. This raises an important question: Can a shareholder access every record held by the corporation? The short answer is no—although shareholders have broad inspection rights, there are limits on their ability to review corporate… Read More »
Florida Sues MV Realty For FDUTPA Violations
MV Realty is a real estate firm located in Florida. It operates in a number of different U.S. states. The company is now facing a lawsuit from the Office of the Attorney General of Florida. In a civil complaint filed in a Hillsborough County Court, state regulators allege that MV Realty has violated consumer… Read More »
How Are Disputes Over Ambiguous Terms In A Partnership Agreement Resolved?
Commercial disputes are complicated—especially so when the parties to the dispute are business partners. A partnership agreement is supposed to bring clarity to the relationship. What happens if the partnership agreement has ambiguous terms? Within this article, our West Palm Beach partnership dispute lawyer explains how disputes over ambiguous terms are resolved in Florida… Read More »
Wrongful Death And Survivor Actions: What’s The Difference?
For many reasons, a typical accident or personal injury case can take many years to resolve. During that time, a lot of things can happen, including, sadly, the death of the victim. What happens to a personal injury case when a victim dies? The good news is that a victim’s case does not end… Read More »
Facts And Faults About Crash Test Dummies
Every now and then, you see news reports with information about the safety ratings for cars. In these reports, you often see cars in a sterile and controlled environment being smashed in a number of ways. And inside those cars are fake humans—dummies. History of the Dummy You may already know that those dummies… Read More »
Negligence Per Se And Breaking The Law
When someone injures us, or when we want to sue them for negligence, we often say that they “broke the law.” But that’s not technically true. Laws are what are written in the legal books; they are codes and rules and regulations that are written by the government. Certainly, laws have to be followed…. Read More »
Civil RICO Update; Court Requires Cigarette Companies To Issue Corrective Statement
On December 6th, 2022, the United States Department of Justice (DOJ) issued a joint announcement with the Department of Health and Human Services (HHS) resolving the federal government’s long-running civil RICO lawsuit against many of the nation’s largest cigarette companies. As part of the agreement, these companies will take additional corrective action. In this… Read More »
News Article Highlights Why Malpractice Cases Are Tough To Win
Almost every personal injury case is difficult to win, or at least, to get a positive result. The law isn’t easy, and legal cases are complex. But there’s one area of the law that recently received some special attention from the news media because of the specific difficulties of winning: Medical malpractice. A Lot… Read More »
Evidence That Should Be Admissible In Your Injury Case–But Isn’t
When your case is in court and it’s time to start presenting evidence to the jury, you may think that pretty much anything that helps your case, can be shown to the jury to convince them to find the facts your way. But that’s not quite how it works—there are a lot of things… Read More »
Home REIT Faces Lawsuit From Shareholders
According to a report from QuotedData, Home REIT—a real estate investment company—is facing a lawsuit from shareholders. The plaintiffs contend that corporate leadership of Home REIT made improper material misrepresentations to investors, including using funds in a manner that was contrary to their representations. The company’s publicly traded share price is down significantly over… Read More »
Understanding The Relationship Between the Defendant, And Its Insurance Company
If you are in an accident and attend any kind of hearing or deposition in your case, you may notice that it isn’t just the defendant that is present. There is also an adjuster there. In fact, you may hear your own personal injury attorney talking about the defendant, the insurance company and the… Read More »
How To Prevent The Most Common New Year’s Injuries
Another year is coming to an end, which means parties to celebrate the new year are coming up soon. Of all things to begin 2023 with, you don’t want it to be some sort of injury, so let’s talk about the most common injuries suffered on New Year’s and discuss tips for how to… Read More »
Preliminary Settlement: Dell Will Pay $1 Billion To Resolve Class Action Shareholder Lawsuit
According to a report from Reuters, Dell—the Texas-based technology giant—has agreed to pay approximately $1 billion as part of a class action shareholder lawsuit settlement. The settlement agreement, which still needs to be approved by the Delaware Chancery Court, comes after the company was accused of “short-changing” shareholders as part of a 2018 stock… Read More »
NHTSA’s Annual Holiday Season Impaired-Driving Campaign Kicks Off With New Study
The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) is once again reminding holiday revelers to drive sober this year. Kicking off its annual holiday season impaired-driving campaign, the NHTSA is raising awareness of the dangers of driving while impaired by alcohol or drugs. The NHTSA also released the findings of a new… Read More »
Federal Appeals Court Dismissed Civil RICO Claims Against Southwest And Boeing
According to a report from the Aero News Network, a federal appeals court has dismissed a civil RICO lawsuit against Southwest Airlines Boeing. The civil racketeering claim is related to a pair of international 737 Max-8 accidents that claimed hundreds of lives in 2018 and 2019. The civil RICO lawsuit was dismissed on the… Read More »
What Is Your Role In A Personal Injury Mediation?
At some point in your personal injury case, you may hear your injury attorney telling you that the parties have agreed to go to a mediation, or else, that the court has ordered (required) that the parties go to mediation. But what is mediation, and why do you have to go? Alternative Dispute Resolution… Read More »
Civil RICO Claims: What Constitutes A “Pattern” Of Racketeering Activity?
Through a civil RICO claim, a plaintiff can seek treble damages. Recovery may be available for three times their actual losses. That being said, it is not easy to establish liability in a recovery case. There are specific criteria that must be met—including proving a pattern of racketeering activity. Here, our Miami RICO claims… Read More »
Res Ipsa Allows You To Byass Requirement Of Proof In Injury Cases
Can you prove your personal injury case, without ever having to prove who did something wrong? That sounds like a riddle, but it actually explains a legal theory that is well known in personal injury law, called Res Ipsa Loquitur, or just “Res Ipsa.” Res Ipsa is used for circumstances where there is no… Read More »