Author Archives: Michael Pike and Daniel Lustig
Winning Your Case When You Have Pre-Existing Injuries
To win your personal injury case, you need to show that the defendant’s actions or omissions (that is, what the defendant did wrong) caused your injuries. In some cases, that’s obvious—for example, if you fall and you hurt your elbow, which had been previously fine all of your life, it’s pretty clear that your… Read More »
Federal Appeals Court Allows Civil RICO Claim Against Labor Unions To Proceed
Last month, the United States Court of Appeals for the Third Circuit issued an important decision in the case of Care One Management LLC, v. United Healthcare Workers East. Originally arising out of the United States District Court for the District of New Jersey, the dispute centers around civil RICO violation allegations (racketeering allegations)… Read More »
Where Do I File A Shareholder Lawsuit?
Unless you have majority control over a corporation, your interests as a shareholder are heavily dependent on the conduct of other parties. Your ability to take legal action against the majority shareholder, corporate officers/directors, and even the company itself is a potentially powerful legal remedy. This raises an important question: Where do you file… Read More »
Four Things Consumers In Florida Should Know About The State’s ‘Little FTC Act”
The Federal Trade Commission Act (FTC Act) is a more than one-century old federal law that bars unfair commercial practices by businesses and organizations. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is sometimes referred to simply as the state’s “Little FTC Act.” The FDUTPA was largely modeled after the federal FTC Act…. Read More »
Brightline Gets $25 Million Grant To Boost Safety Improvements
The deadliest railway in the United States has big plans to improve safety on its tracks, which happen to be some of the country’s most dangerous. Brightline and the Florida Department of Transportation jointly applied for a grant from the federal government for $25 million, which they have just been awarded. The entire initiative… Read More »
School Bus Safety Tips
With school busses back on the roads, it is an important time to review school bus safety laws and best practices for motorists, children and parents. The Florida Highway Safety and Motor Vehicles (FLHSMV) has provided the following tips and penalty information from their Child Safety – School Bus Safety Program: School Bus Safety… Read More »
Construction Site Accidents: How Do They Happen And Who Is Liable?
In Florida, construction seems to always be going on somewhere. But with construction sites come injuries—both to workers on site, and to the people around the sites, given many projects’ close proximity to commercial and retail areas. There are a number of kinds of construction accidents that tend to cause the most injuries. Here… Read More »
What Is A “Whiplash” Injury?
The word “whiplash” has taken on almost a derogatory suggestion; to many people, it implies a minor injury, or an injury that is “just whiplash.” But whiplash is not the actual name for what people suffer, and whiplash does in fact suggest an actual injury of some very important structures in the neck. Why… Read More »
Getting The Evidence You Need To Win Your Injury Case
Almost every personal injury case is different. Except for one thing that most all of them have in common: In almost every case, the victim will have less evidence than the defendant will about how the accident happened. Why Less Evidence? There are a number of reasons for this. It is often the defendant… Read More »
What Is The Statute Of Limitations In A Civil RICO Claim?
Civil RICO laws allow private actors (individual, business, organization, etc) to hold private parties legally responsible for damages caused by illicit racketeering activity. While it can be difficult to establish liability in a civil RICO, the potential for recovery is significant. Through a successful civil RICO lawsuit, a plaintiff can recover treble damages—meaning three… Read More »
Florida Man Charged In Multi-State Fraud Case
On July 27th, 2022, the U.S. Attorneys’ Office for the Middle District of Alabama announced that Timothy Scott Marable, a 50-year-old man from Highlands County, FL, has been arrested and criminally charged as part of a multi-state fraud investigation. Mr. Marable stands accused of defrauding several businesses. In this article, our Miami deceptive and… Read More »
Three Common Types Of Business Partnership Disputes Over Profits
Profits are the lifeblood of a business partnership. It takes a tremendous amount of work to form, build, and develop a successful business partnership. Profits can make the endeavor worth the effort for entrepreneurs. Profits—and other financial considerations—are also the leading reason why business partners get locked in disputes. Here, our Miami partnership dispute… Read More »
Hazing Accidents At Schools: Who Is Liable?
As fall starts to approach, many of our kids will be headed off to college. With college comes fraternities, sororities, and other clubs and activities, and that means hazing is potentially involved. Although some schools and organizations do better than others, hazing is still a problem, and can still lead to liability for students… Read More »
Liability For Equine And Horseback Riding Accidents
Of all the sports and recreation activities that we have in Florida, there’s one that doesn’t get as much attention as many others: horses, horseback riding, and equine-based competitions and activities. Whether for competition, show, sport, or just fun, riding horses is a big activity in Florida. How safe is it to ride a… Read More »
Look For These Safety Measures In Or Around Residential Pools
Let’s say that you have a young child, and your child is invited to a friend’s house to play in the pool. It seems very safe; your child is a strong swimmer, and you consider the other family to be responsible. But have you considered all of the potential dangers, and the safety measures,… Read More »
Golf Cart Accidents On The Rise
Florida once again made national news this week when a 58-year old woman was arrested for driving a golf cart, while intoxicated on I-95. While driving on a highway in a golf cart is not often seen, as it is incredibly reckless and unusually audacious, it isn’t unusual to see residents of South Florida… Read More »
Back To School Season Means It’s Time To Review Street Safety With Your Kids
Florida is officially the most dangerous state to be a pedestrian. South Florida is considered the 14th most dangerous metropolitan area in the country for auto-pedestrian accidents, according to a study conducted by the nonprofit organization Smart Growth America that analyzed those types of crashes from 2009 to 2021. In fact, 7 of the top 20… Read More »
Florida Regulators Potentially Secures More Than $1 Million For Consumers (FDUTPA Violation)
On July 5th, 2022, the Office of Attorney General Ashley Moody announced enforcement action against Bruno LLC. The HVAC contractor operated as Bruno Total Home Performance and Bruno Air Conditioning in Florida. Owned by Louis Bruno, the company has its main offices in Naples and Bonita Springs. According to the allegations, the company used… Read More »
Did Your Business Partner Breach The Partnership Agreement? You Have Four Legal Options
A partnership agreement is the foundation of the legal relationship between business partners. While there are partnership laws in Florida, the partnership agreement serves as the basis for each partner’s rights and responsibilities. A breach of partnership agreement can cause serious harm to the non-breaching party. This raises an important question: What can you… Read More »
Medical Technology Company Faces Shareholder Lawsuit Over Delayed Shipment
According to a report from the Medical Device Business Journal, Outset Medical—a medical technology company based in San Jose, California—is facing a shareholder lawsuit over a shipment hold that was placed on one of its products in June of 2022. There was a sharp drop in the company’s share price after news of the… Read More »
