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Monthly Archives: October 2020

Litigation2

Florida Couple Killed in Tragic Private Plane Accident in Colorado

By Michael Pike and Daniel Lustig |

According to a report from Fox News, a newlywed Florida couple was killed in a tragic aviation accident in Colorado. Costas John Sivyllis and Lindsey Vogelaar were confirmed by authorities to be the victims of the heartbreaking private plane crash. The private plane had taken off from Telluride Airport approximately 15 minutes before the… Read More »

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Spine

How Much Compensation Can I Recover for Spinal Cord Damage in Florida?

By Michael Pike and Daniel Lustig |

A spinal cord injury is damage to any part of the spinal cord or the nerves that immediately surround the spinal column. These are devastating injuries. Spinal cord damage can cause permanent loss of sensation and/or bodily function. The National Spinal Cord Injury Statistical Center (NSCISC) reports that approximately 282,000 Americans are currently living… Read More »

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Coronavirus

OSHA COVID-19 Guidelines Require Reporting Fatalities Only

By Michael Pike and Daniel Lustig |

Recently released guidance from the Occupational Safety and Health Administration (“OSHA”), effectively requires employers to only report recordable COVID-19 illnesses which result in death. The guidance provides that a case of COVID-19 is only reportable if it leads to either hospitalization within 24 hours of the initial exposure to COVID-19 or death within thirty… Read More »

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Wage and Hour Watch: DOL Cites Florida Company for Violating Emergency Paid Sick Leave Act

By Michael Pike and Daniel Lustig |

On October 5th, 2020, the Department of Labor (DOL) issued a news release confirming that  Garden Escapes LLC—a landscaping company based in Panama City, Florida—has agreed to pay back wages to an employee who was wrongly denied paid leave after self-quarantining for a COVID-19 diagnosis. In its press statement, the DOL notes that the… Read More »

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Can Experts Help Interpret Technical Laws?

By Michael Pike and Daniel Lustig |

Experts testify about areas that are highly complex, scientific, or technical in nature. The correct assumption made in the law is that neither normal people on the street (law witnesses) nor attorneys have the required background expertise to provide testimony in medical, technical, or scientific fields. That’s why we use experts. Experts are not… Read More »

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Jury

How Juries are Picked in Civil and Commercial Litigation Cases

By Michael Pike and Daniel Lustig |

Picking a jury is one of the most important parts of any kind of business case. In cases where your business may be opposing an individual who feels that he or she was wronged, having a fair and impartial jury can be the difference between winning and losing. Jury Selection There are two parts… Read More »

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Courtroom

Remittitur and Additur

By Michael Pike and Daniel Lustig |

In a lawsuit that has a jury, the jury’s word is generally final. After all, if parties could ask courts to overturn, or second guess juries, there would be no point in having a jury system, and there would be no finality in court decisions. However, the legal system also recognizes that jurors are… Read More »

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EmpContract2

Federal Appeals Court Reinstates $4 Million Arbitration Award in Miami Retaliation Case

By Michael Pike and Daniel Lustig |

According to a report from the Florida Phoenix, a federal appeals court recently ruled in favor of a Miami employee in an arbitration dispute—thereby upholding a $4 million award in a workplace retaliation claim. The employee had filed a wrongful termination claim on the grounds of retaliatory discharge. By a 2 to 1 margin,… Read More »

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Four Steps to Take Before Filing a Personal Injury Lawsuit in Florida

By Michael Pike and Daniel Lustig |

Were you involved in an accident because of the careless or reckless conduct of another party? If so, you have a right to bring a personal injury lawsuit to seek relief for the full extent of your damages. Compensation may be granted for medical bills, physical therapy, lost wages, pain and suffering, and long-term… Read More »

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SchoolBus

How Common are School Bus Injuries?

By Michael Pike and Daniel Lustig |

School buses offer reliable transportation for children throughout South Florida. According to data from the nonprofit organization Safe Routes Partnership, approximately half of elementary and middle school students regularly ride the bus. Parents should be able to rest easy knowing that their children will be safe on the bus. You may be wondering: How… Read More »

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LGBTQ Employees Are Protected in the Workplace

By Michael Pike and Daniel Lustig |

As an employer or an employee, you may be aware of the federal laws that protect workers from different kinds of discrimination or different treatment on the basis of race, nationality and sex. We interpret “sex” as meaning gender—that is, that women cannot be treated differently at work than men, and that is true…. Read More »

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Litigation6

Investors Should Know About Lien Priority

By Michael Pike and Daniel Lustig |

When the economy starts to go sour, it often does not go sour for everyone. There is opportunity even in a bad economy, and as we learned during the downturn of the late 2000s, often, that opportunity comes in real estate. If you are a real estate investor, you may be considering buying foreclosed… Read More »

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Eviction6

Can I Just Call the Police to Evict My Tenant?

By Michael Pike and Daniel Lustig |

Let’s assume that you have a non-paying, or non-compliant tenant. You know that there is a legal process to evict that tenant. But you also think that the legal process takes too much time and money, and you need the tenant out, yesterday. Why not just call the police? After all, it’s your property,… Read More »

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Pedest8

Why It’s Important to Review Safety Laws of Pedestrian Travel with Your Kids

By Michael Pike and Daniel Lustig |

Schools across the state of Florida have transitioned to in-person learning, with children returning to the brick-and-mortar buildings they haven’t seen since March of this year. Not only does this mean that kids will once again be walking and biking to bus stops and classes, but due to the pandemic, many children who were… Read More »

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Boat2

One Person Killed, Second Person Injured in Miami-Dade County Boat Accident

By Michael Pike and Daniel Lustig |

According to a report from CBS 4 Miami, one person was killed and another person was seriously injured in a boat accident in North Miami. Emergency rescue crews responded to the boating accident at Oleta River State Park, NE 163rd Street. The injured victim was immediately transported to an emergency medical center for attention…. Read More »

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Accident

FedEx Delivery Truck Crashes into Home in West Palm Beach

By Michael Pike and Daniel Lustig |

According to a report from WPBF 25 News, a FedEx delivery truck smashed into a home in West Palm Beach, Florida. The collision happened near the intersection of 45th Street and Haverhill Road in the northwest corner of the city. A man inside the home was taken to the hospital with moderate injuries. The… Read More »

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JobDisc

DOL Cites Florida Employer for Improperly Paying Disabled Workers Sub-Minimum Wage

By Michael Pike and Daniel Lustig |

On September 29th, 2020, the Department of Labor (DOL) announced that Pine Castle Inc.—a Jacksonville, FL-based non-profit organization—has agreed to pay nearly $15,000 in back wages to nearly four dozen employees. The employees are all adults who have an intellectual or developmental disability. The federal agency contends that the North Florida not-for-profit organization violated… Read More »

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TradeSecret

What is a Trade Secret and How Do You Protect It?

By Michael Pike and Daniel Lustig |

We hear a lot about trade secrets, and about the need to protect them. Many people who draft, review, sign or give out employment agreements or employee manuals, often know to include some kind of language protecting their business’ trade secrets. But what exactly is a trade secret? What Are Trade Secrets? Trade secrets… Read More »

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Legal13

What Your Business Should Know About Electronically Stored Information

By Michael Pike and Daniel Lustig |

Whether you are a business trying to protect yourself from a lawsuit, or you are an individual or business trying to sue another business for damages, electronically stored information (ESI) is vital. Whichever side of the lawsuit you or your business is on, a failure to understand Florida’s ESI rules and laws can lead… Read More »

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Lawsuit

The Apex Doctrine: Protection From Corporate Harassment in Lawsuits

By Michael Pike and Daniel Lustig |

Large companies get sued. A lot. It’s often just a part of doing business. From employment law cases, to contract disputes, to injury cases, a company can be involved in multiple lawsuits at the same time. If you are the CEO, or some other higher ranking officer, managing what could be a national (or… Read More »

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