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April 18, 2014
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
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
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
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
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 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 […]