In many of our personal injury and wrongful death cases, physical evidence is lost or destroyed long before we are retained by our clients. After an incident, our clients are typically preoccupied by their injuries and medical treatment while defendants often dispose of the “smoking gun.” This improper destruction of…
The Supreme Court of the United States will answer this question in its upcoming term. ATM fees are as ubiquitous as the machines themselves. Unless you go to your own bank, you’re going to pay a fee. The fees vary by location. At an ATM in a convenience store that…
The vast majority of recreational and tourist activities enjoyed in Florida are not regulated by the Florida legislature. Most tour operators have complete freedom to operate their business virtually any way they see fit. This usually results in a culture of maximizing profit to the detriment of customer safety. Warning,…
Just two days after the Pulse nightclub massacre in Orlando, a judge in Connecticut issued an order denying a motion to dismiss filed by the manufacturer of the AR-15 semiautomatic machine gun used by the Sandy Hook Elementary School murderer. Though the manufacturers and models differ, the Sig Sauer MCX…
On Wednesday, a 17-hour search effort concluded after divers found the body of a 2-year-old boy who had been snatched by an alligator right in front of his dad. The wild animal attacked Lane Graves who had been playing around in the water of the Seven Seas Lagoon at the…
Last month, we provided some tips on avoiding arbitration. Thankfully, due to recent developments, you might not need that advice – at least when it comes to consumer financial products. A few weeks ago, the Consumer Financial Protection Bureau, created by the Dodd-Frank legislation in the wake the 2008 financial…
The essential role of jurors at trial is to determine which party to “believe.” Issues of law are handled by the judge, while factual issues and the credibility of the parties are solely for the jury. The more complex the case, the more difficult it can be for jurors to…
Generally, Continuances favor the Defendant—Not You. As a plaintiff, you are not compensated until settlement or trial. Meanwhile, your bills are adding up, your future remains uncertain, and the phrase “the wheels of justice turn slowly…” is not exactly soothing. Why, then, is your lawyer agreeing to the defendant’s motion…
A Note on Contracting Away Liability for Sports-Related Injuries While reeling from the Toronto loss, and with the looming Whiteside and Wade contract negotiations riddled with uncertainly, Heat fans can find a modicum of solace in one thought: Next year, we get Bosh back. Or do we? We Miamians love…
In recent years, liability waivers have become standard procedure in virtually every association between corporations and individuals. Whether a jet ski tour, your typical gym membership, or even placing your child in summer camp, corporations of all sizes are aggressively protecting themselves with liability waivers. In many cases, corporations are…