Recent Blog Posts
Florida Highway Patrol Offers Tips for Safe Labor Day Travel
AAA predicts this to be the busiest Labor Day travel weekend in three years, reaching pre-pandemic levels. Trends are similar to the busy Memorial Day and Fourth of July weekends this year. To help keep travelers safe on the roads, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) and its division of… 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 »
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 »