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April 18, 2014

ANTITRUST LAWS HELP BUSINESSES TOO

Most people might think of antitrust as a set of laws meant first and foremost to protect consumers.  We think of monopolist mega-corporations or cartels formed […]
April 6, 2014

DAYLIGHT SAVINGS TIME

A few weeks into daylight savings time, a little bit of trivia may be in order. –          There is some dispute as to who invented daylight […]
April 4, 2014

WHEN OWNERSHIP STOPS BEING A SIMPLE CONCEPT

Some of Florida’s beautiful barrier islands, with their tranquil beaches, are in fact government-owned lands.  On those, developers have the right to build vacation and beach […]
April 1, 2014

CAREFUL DRAFTING

Under Florida Supreme Court precedent, a contract’s provision concerning events that “arise from” the parties’ business, and one about events that “arise from or relate to” […]
March 26, 2014

ILL GOTTEN GAINS, OR NOT QUITE YET

Eager to ensure that criminals would not benefit from their crimes, Congress has passed forfeiture laws.  Under those, assets (from cars to money to houses) used […]
March 23, 2014

A FARM IS A FARM IS A FARM

A family went into farming, though of a slightly unusual kind.  They bred pheasants.  What crop they planted was fed to the birds.  (They also had […]
March 18, 2014

ABOARD SHIP

Federal law tends to treat employees of airlines and railroads, and those working aboard ships, differently than others.  And so, who is a seaman and who […]
March 16, 2014

ANIMALS BITE

Las Vegas once boasted the daring duo of Siegfried & Roy and their tiger.  Until one day the tiger bit Roy and the show came to […]
March 12, 2014

AT THE SCHOOLHOUSE’S STEPS

Courts have paid lip service on more than one occasion to the proposition that public school students do not shed their rights at the school’s doors.  […]
March 9, 2014

CHILDREN CHILDREN

The stock market crash that accompanied the recession of 2008 brought an avalanche of lawsuits with it.  Small wonder.  Companies that put out rosy forecasts and […]
March 7, 2014

TELLING THE TSA

When Congress created the Transportation Security Administration (TSA) in the months following 9/11, it anticipated that a great variety of people and entities, from airlines to […]
March 4, 2014

LEGAL FICTIONS: A REAL DISEASE

Statutes of limitation, which prescribe the time that may elapse before one loses the right to file suit, are harsh but often necessary things.  They are […]
March 2, 2014

BREAKING AND ENTERING WITH DENTAL FLOSS

Money-changing machines are simple things – put a dollar in, get four quarters out.  A defendant was caught trying to game that simplicity.  He attached a […]
February 27, 2014

EXCEPTION TO THE EXCEPTION

Companies of a certain size are subject to the Fair Labor Standards Act and must pay overtime to most employees who work more than 40 hours […]
February 20, 2014

CHOOSE CAREFULLY – OR, WHEN GEEKS ARE YOUR FRIENDS

In Florida, be it downtown Jacksonville, ritzy Ponte Vedra, old St. Augustine or anywhere else in the state, you cannot be convicted of both dealing in stolen […]
February 16, 2014

YOUR TAX MONEY AT WORK – OR NOT

Government attorneys are taking a taxpayer’s deposition in a tax controversy that escalated to the courts.  Four hours into it, with many questions left to ask, […]
February 12, 2014

TESTING SPEECH

Freedom of speech means protecting speech we disagree with – even speech we hate.  The Supreme Court reminded us of that, for example, when it upheld […]
February 10, 2014

WHEN IS AN ERROR NOT AN ERROR?

The short answer is, when it is a harmless error, meaning one where the result would have been the same even if the error had not been […]
February 7, 2014

HOME SWEET HOME

The penalty is harsher for someone who burglarizes another’s home (“burglary of a dwelling”) than, say, an office or industrial building (“burglary of a structure”). So […]
February 4, 2014

THE GOLDEN RULE IN TRIALS

Like most things, the Golden Rule means something a bit different to lawyers than to everyone else.  At trial, the “Golden Rule Argument” means asking the […]
February 2, 2014

LITIGATION NATION

If there are any doubts that we in the U.S. are seen as the Litigation Nation, observing the Supreme Court in the past few years should […]
January 31, 2014

EVIDENTLY, MY DEAR WATSON

If it seems like I am writing about evidence again, it is because evidence is such a frequent issue on appeal.  In criminal law, many evidentiary […]
January 28, 2014

TIMING IS EVERYTHING

Realtors like to say that the three most important things in real estate are location, location and location.  Lawyers have no such quip, but sometimes, timing, […]
January 19, 2014

WHO YOU THREATENING?

Our Sunday posts usually trend to the funnier side of law – because funny things happen everywhere.  Occasionally, like today, we may trend toward the useless […]
January 16, 2014

YOUR OTHER BEST FRIENDS

We often explain in this blog how your attorney should be your or your business’ staunchest ally.  This is true.  Your next best friend should be […]
January 13, 2014

DIFFICULT QUESTIONS ABOUT PINK BRACELETS

A breast-cancer awareness bracelet bears the message “I ♥ Boobies”.  The question asked to a Federal Court of Appeals is whether, when that message is worn […]
January 7, 2014

DANGEROUS INTERSECTIONS

I am not referring here to those street corners that seem to attract more car accidents than others.  The dangerous intersections at issue in this post […]
January 5, 2014

POINTS FOR CREATIVITY

Those New-Yorkers… the defendant in a case going back to the 90s was on trial for his form of protest at a police auction at One […]
January 3, 2014

THOSE TECHNICALITIES AGAIN

Consider a contract that, like most commercial contracts, includes a “choice of venue” clause.  Those commit both parties to litigating any dispute between them in the […]
December 29, 2013

NOT ENOUGH FINGERS

The spouse of a decedent claimed a higher share than the will gave her.  That is not unusual, as spouses are entitled to a certain minimum […]