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Monthly Archives: April 2021

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FDUTPA Claims: Florida Appeals Court Overrules Class Action Certification In Sales Tax Lawsuit Against BJ’s Wholesale Club

By Michael Pike and Daniel Lustig |

On April 14th, 2021, the Third District Court of Appeals for the State of Florida overturned a lower court’s decision to certify a class action FDUTPA lawsuit in a dispute over a retailer’s alleged overcharging of sales tax. In the case of BJ’s Wholesale Club, Inc., etc, v. Laura Bugliaro, the appeals court determined… Read More »

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Federal Judge Declines To Dismiss Civil RICO Against Electronic Cigarette-Maker Juul Labs

By Michael Pike and Daniel Lustig |

According to a report from the Insurance Journal, a federal judge in San Francisco is allowing a civil RICO lawsuit against Juul Labs Inc.—the nation’s largest electronic cigarette company and maker of “vape” products—to move forward. A collection of consumers, government agencies, and even school districts are currently pursuing a civil RICO claim against… Read More »

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Federal Judge In Miami Tosses Out Shareholder Lawsuit Against Norwegian Cruise Lines

By Michael Pike and Daniel Lustig |

According to a report from Reuters, a Miami, FL-based federal judge has dismissed a shareholder lawsuit against Norwegian Cruise Lines. A group of shareholders were pursuing a proposed class action claim against the South Florida headquartered company on the grounds that its top executives were intentionally and improperly downplaying the risks of the COVID-19… Read More »

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How To Prevent Drunk Driving In Florida

By Michael Pike and Daniel Lustig |

April is Alcohol Awareness Month and unfortunately, drunk driving is still a big problem in the United States. In fact, about one in three traffic deaths in the United States involve a drunk driver. In all 50 states and the District of Colombia, drivers with a blood alcohol concentration (BAC) of 0.08% or higher… Read More »

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Can You Shorten The Time Limit To File A Lawsuit?

By Michael Pike and Daniel Lustig |

The statute of limitations is the ultimate time limit that you have to file a lawsuit. The time limits vary, depending on what kind of case it is. Some limitations can be quite short—a year in some instances—but in other cases, the time to sue can be 5 or 6 years. Whether a shorter… Read More »

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Florida Could Be Eliminating “No Fault” Auto Insurance Requirement

By Michael Pike and Daniel Lustig |

After many years of trying, state lawmakers are closer than ever to repealing Florida’s 50-year-old motor vehicle “no-fault” insurance provision, requiring every motorist to carry bodily injury coverage. After the legislation was passed by the Florida Senate and its companion bill was approved by the House Judiciary Committee, the controversial move has many industry… Read More »

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Class-Action Lawsuit Filed Against Peloton

By Michael Pike and Daniel Lustig |

Peloton, the makers of the $4,295 Tread+ are being sued after a string of injuries and one child’s death were reported in connection with usage of the machine. In Northern California’s District Court, Shannon Albright has filed a personal injury lawsuit against Peloton Interactive, Inc. claiming that the current warnings Peloton offers do not… Read More »

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Is Every Employee Liable For Corporate Fraud Or Conspiracy? Maybe Not.

By Michael Pike and Daniel Lustig |

Imagine this: A large company is involved in a fraudulent scheme. Maybe the Florida Attorney general gets involved, maybe aggrieved parties file private lawsuits against the company. Certainly, the company may be liable, but individuals in the company may also be liable. Which Individuals Are Liable? But how many individuals in the company may… Read More »

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Court Says Businesses Can Discriminate On The Basis Of Hair Color

By Michael Pike and Daniel Lustig |

As you likely know, discriminating on the basis of race or sex is illegal under both federal and state law, and can get your business in a lot of trouble. But what about cultural symbols, styles, or designs, which may be associated with a particular race, religion or sex? Is it OK for a… Read More »

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Former Top Executive At LSU Filing State And Federal RICO Lawsuit Against University

By Michael Pike and Daniel Lustig |

According to a report from WBRZ 2 ABC, a former high-ranking executive employee at Louisiana State University (LSU) is filing a $50 million corruption lawsuit against the institution, her former bosses, and an area law firm. Among other things, she contends that LSU committed federal and state RICO violations. Here, our Miami RICO lawyers… Read More »

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