Author Archives: Michael Pike and Daniel Lustig
Can A Biomechanics Expert Help Your Injury Case?
In many injury cases, experts are commonly used to give testimony that is highly scientific or technical. Some types of experts are common in personal injury cases, such as doctors, and sometimes, accident reconstruction experts. But one kind of expert that many people don’t know as much about is the biomechanics expert. What is… Read More »
Hold Harmless Agreements And Liability Waivers: Are They Enforceable?
When you engage in certain kinds of activities, especially athletic events, gyms, or amusement parks, you may notice that when you walk in, and as a condition of entering a business, you are forced to sign a hold harmless document, or a document that contains an exculpatory clause. But what is this document, is… Read More »
Recognizing And Proving Your Medical Malpractice Case
When something goes wrong at a doctors office or hospital, many of us are aware of the possibility that we may be victims of malpractice. But what is malpractice, and how does anybody actually know if their doctor is liable? Who is Liable and When? Remember that any medical professional can be liable for… Read More »
What Is Uninsured Motorist Coverage And Do You Need It?
Imagine this pretty terrible scenario: you or somebody in your family is catastrophically injured in a car accident. You sue the other driver who is clearly at fault for the accident. But there is one problem: Although the other driver has insurance, he only has a very small policy—say, $10,000, which is hardly enough… Read More »
What Damages Can Be Recovered In A Civil RICO Lawsuit In Florida?
Racketeering is broadly defined as a type of organized criminal activity through which a perpetrator can make a profit through coordinated fraud, deceit, or other unlawful activities. There are federal and state RICO laws in place that make racketeering a serious criminal offense. Additionally, these statutes also allow affected victims to bring a civil… Read More »
Federal Court In Florida Trims Data Breach Lawsuit, Dismisses FDUTPA Claim
According to a report from The National Law Review, the United States District Court for the Southern District of Florida has limited multi-state litigation over a data breach. In doing so, the court dismissed the Florida Deceptive and Unfair Trade Practices (FDUTPA) claim. In this blog post, our Miami deceptive & unfair trade practices… Read More »
Partnership Law In Florida: Know Your Legal Options If A Business Partner Uses An Opportunity For Themselves
You and your business partner should always be on the same side. If you find out that your business partner is actually competing directly against your partnership—perhaps by taking a business opportunity for themselves or for another business that they own—it can harm your interests. You have legal options available. In this article, our… Read More »
Head Of Florida-Based Telemarketing Scheme Pleads Guilty In $19 Million Fraud Case
On August 16th, 2022, the United States Attorneys’ Office for the Southern District of New York announced that Steven Short—the former head of a Florida-based telemarketing operation called E.M. Systems & Services, LLC—has pleaded guilty as part of a $19 million credit card fraud scheme. The fraud was linked to a scheme to promote… Read More »
Can A Partnership Agreement Be Revised After It Is Already Signed In Florida?
A partnership agreement is the foundation of the commercial relationship between business partners. If a legal dispute arises, a Florida court will primarily look to the terms of the partnership agreement to determine each party’s rights and responsibilities. It is crucial that your partnership agreement is well-drafted and that it protects your best interests…. Read More »
Federal Courts Upholds Wendy’s Shareholder Settlement Over 2015 Data Breach
According to a report from Bloomberg Law, Thomas Caracci, a shareholder of Wendy’s Co., has lost in his attempt to get a shareholder settlement thrown out. The United States Court of Appeals for the Sixth Circuit determined that a lower court was within its discretion when it approved a settlement of a shareholder derivative… Read More »
The Importance Of Tire Safety
Something many drivers have been guilty of forgetting about is tire maintenance. However, the state of your tires is incredibly important. According to a report from the National Highway Traffic Safety Administration (NHTSA), over 600 motor vehicle deaths in 2019 can be directly blamed on the tires of vehicles involved. Furthermore, the report states that… Read More »
Common Mistakes When Signing Settlement Agreements
If the defendant in your injury case decides to offer an amount that you are satisfied with accepting, your case will settle. That’s good news, but don’t be mistaken into thinking that the battle is over. You will be asked to sign a settlement agreement as a condition of receiving your funds. That settlement… Read More »
Economic And Non-Economic Damages: What’s The Difference?
Damages and compensation for your injuries: Understandably, to the victim, compensation is money, and it doesn’t matter how that money may be classified. But when talking about your case, you may hear your personal injury attorney talk about economic and non-economic damages. What are the differences between these two items—and why is one of… Read More »
Don’t Get Sued: Keep Your Home Safe For Visitors
We often ask what business or people did or didn’t do, which caused someone else to be injured. But rarely do we ask what we can do, in our own homes, to protect other people. You may not be a business, but you do have an obligation to keep your home safe for visitors…. Read More »
What Do I Do If I Suspect That My Business Partner Is Stealing From The Partnership?
A partnership is one of the most common ways to structure a business. It can be efficient and effective. At the same time, the partnership entity requires partners to put a great deal of faith into each other. This raises an important question: What can I do if my business partner is stealing money?… Read More »
The Business Judgment Rule: Understanding Its Meaning, Implications, And Exceptions
Through an individual shareholder lawsuit or a derivative shareholder lawsuit, a shareholder may be able to hold a corporation’s officers or directors legally responsible for damages. That being said, there is a well-established judicial doctrine in the United States called the business judgment rule that provides significant legal protection to corporate officers and directors…. Read More »
Federal Appeals Court Dismisses GM’s Civil RICO Lawsuit Against Chrysler
According to reporting from Reuters, the United States Court of Appeals for the Sixth Circuit dismissed a civil racketeering lawsuit that General Motors (GM) filed against Fiat Chrysler Automobiles. The U.K. based, Italian-American auto company is one of GM’s top corporate competitors. GM alleges billions in damages caused by Fiat Chrysler’s supposed misconduct related… Read More »
Do You Need A Permanent Injury To Recover Damages For Your Injuries?
Imagine that you are in an accident, and you are seriously injured. But thankfully, you make a near complete recovery. Still, what you went through with your injuries, from the pain to the disability to the trauma and anxiety, certainly would seem to entitle you to compensation. Can you still recover damages, even if… Read More »
4 Most Common Personal Injury Claims
According to the Legal Information Institute of the Cornell Law School, personal injury refers to harm to a person’s physical or emotional health or reputation due to a wrongful or negligent act of another individual or a company. In 2020, personal injury filings surged 97% from the previous year. However, only 4% of personal injury… Read More »
Not Suing A Defendant Can Cost You Money
When you sue someone who may be liable for your injuries, it is always best to sue everybody who may be liable. That’s because in some kinds of accidents, there may be more than one person or business who acted negligently to cause your injuries. How Defendants are Omitted But sometimes, victims don’t sue… Read More »