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September 2, 2014

COLLECTORS BE TRUTHFUL

If you have a friend who collects stamps, you may buy a stamp for them for a special occasion.  But if you have a friend who […]
August 26, 2014

ANOTHER PIECE IN THE EVIDENTIARY PUZZLE

Our blog, focusing as it does on commercial law and appeals, rarely touches on criminal matters.  We have opened that door at times, however, if only […]
August 22, 2014

ACT QUICKLY

Every attorney has welcomed in his or her office a prospective client or two who, with 30 days to appeal, made an appointment for a consultation […]
August 20, 2014

FAIR WARNING

Many business owners we have worked with have asked us about arbitration at one point or another.  For various reasons, arbitration still has a good name. […]
August 14, 2014

TOO CLEVER BY HALF

The first duty of attorneys to their clients is honesty.  That sometimes entails telling clients something they would rather not hear.  But being too clever by […]
August 10, 2014

REQUIEM FOR A TREE

For a lighthearted weekend fair, we reproduce in full the 1983 opinion of Judge Gillis of the Michigan Court of Appeals, in which he considered the […]
July 31, 2014

OVERREACH

I suspect a good many people may agree that, if an action by the government is thrown out by the Supreme Court unanimously, the government, having […]
July 27, 2014

SLEEPLESS IN FEDERAL COURT

A federal court has held that sleeping is a “major life activity” under the Americans with Disability Act.  Insomniacs around the country may take comfort.
July 24, 2014

WHAT THE HOBBY LOBBY CASE MEANS FOR THE REST OF US

The Hobby Lobby case on the so-called contraceptive mandate may end up having far-reaching consequences for corporate law, but it does not yet.  As it stands, […]
July 18, 2014

VIGILANCE IN MANAGING EMPLOYEE-OWNERSHIP PLANS

Employee ownership has a good name in our country.  There is something satisfying about giving employees a stake in the company they contribute to.  Many a […]
July 15, 2014

“CIVIL THEFT”

A Florida law called “civil theft” (also adopted in many other states) provides that if someone steals from you, you can recover in civil court for […]
July 9, 2014

TAKING YOUR TIME FOR INTERNATIONAL DEALS

Taking one’s time when negotiating a commercial deal is always a good idea.  Too many contracts that start out as well thought out documents end up […]
July 3, 2014

TREATMENT OR PUNISHMENT?

Treatment courts, such as drug courts, or Veterans Courts focusing on soldiers who returned from war suffering from PTSD and other Military Service related ills, are […]
June 30, 2014

BEHIND THE NOISE: WHAT THE GREENHOUSE-GAS CASE MEANS FOR REGULATED BUSINESSES

The U.S. Supreme Court’s recent decision on greenhouse-gas regulations will occasion a chuckle from observers of the mainstream press.  Republican-leaning newspapers criticized the Court for upholding […]
June 18, 2014

RELIGION AND POLITICS

Many employers undoubtedly wish to keep those two often emotional topics out of the workplace.  Yet so long as people will have the gift of speech […]
June 16, 2014

ANOTHER UNFAIR COMPETITION CLAIM GOES FORWARD

We posted on the topic of unfair competition with some frequency of late.  In a timely opinion, the Supreme Court just added to that area of […]
June 12, 2014

PENNY WISE, POUND FOOLISH

We recently reported on the unfortunate case of a deceased lady whose assets did not all pass to the people she wanted because the will she […]
June 6, 2014

TAKING CARE OF THE DETAILS

Two people buy a car together.  Maybe they are spouses, maybe parent and child.  At some point the car is no longer in common use.  Maybe […]
May 21, 2014

FILLING THE BLANKS

The Florida Supreme Court found itself compelled to hold last month that a recently departed woman’s will did not pass all her property to the people […]
May 18, 2014

ONLY THE GOVERNMENT

No person may sue himself. Except, it turns out, the U.S. Government.  So we learned when one federal agency sued another, which had just ruled in […]
May 16, 2014

LITTLE TO DO ABOUT UNFRIENDLY SKIES

Businesses whose employees must travel extensively may find themselves often frustrated by some airlines’ practices.  This is an experience those flying out of Jacksonville International Airport […]
May 15, 2014

MORE HELP FOR SMALL BUSINESSES

We recently published a post explaining how antitrust laws are not limited to protecting consumers, but may provide a remedy to small and mid-size businesses as […]
May 11, 2014

OLD LAW

Old cases often provide quaint amusement to modern ears.  So it is with an 1881 case where a railroad defended its right to exclude a passenger […]
May 7, 2014

HOA BOARDS MAY BE ELECTED…

…but they are not all-powerful.  Nor should they be, democratic principles notwithstanding.  Congress, our highest elected body, cannot pass any law it pleases; it is restricted […]
May 4, 2014

HOLY HOT DOG, BATMAN

Anyone who has ever attended a baseball game, be it the Jacksonville Suns or a major league event, has heard the PA announcer warn them that […]
May 2, 2014

LEAVES LABYRINTH, PART II

It has been some time since we first pointed out the maze of laws that govern to whom employers must grant leaves of absence, when, and […]
April 29, 2014

BUSINESS OWNERS’ THICK TAX FILES

Business owners are used to seeing thick tax returns.  The intricacies of the tax code demand it.  The returns filed this month or last (depending on […]
April 25, 2014

THE MORE THINGS CHANGE

This week’s U.S. Supreme Court opinion on affirmative action has generated a lot of commentary from the mainstream press, much of it tainted by each outlet’s […]
April 24, 2014

THE PHONE LINES ARE OPEN

The rule on when the police may act on an anonymous tip is tested through layers of legal jargon.  Yet it can still be explained quite […]
April 20, 2014

ORDINARY EXPERIENCE

The difference between expert and lay witnesses is that the former have a unique expertise that most people do not, from accounting to engineering or medical […]