Category Archives: Business Litigation
Is Your Business Strictly Liable for Injuries to Customers?
If you sell products in person or online, you should know about strict liability. Strict liability, in the context of products liability injury law, makes those who distribute, manufacture, or sell a product liable for injuries caused when and if that product malfunctions and hurts someone. Your business may not know anything about the… Read More »
Do You Own Videos That You Purchase? Maybe Not
Here’s a riddle: When do you buy something, but you don’t actually own it? There are probably a lot of answers, but one such response that is currently being litigated in courts is whether or not you own videos that you purchase on Amazon Video’s streaming video platform. How the Service Works Like many… Read More »
Florida’s Business Judgment Rule May Protect You
As the owner, manager, majority shareholder, or head level employee of a company, you are expected to act in the company’s best interest. You are expected to, among many other things, manage the company’s affairs properly, protect its interests, guard it against competitors and generally do anything else possible to ensure the health and… Read More »
Employees Must be Aware of the Equal Pay Act
With the death of Supreme Court Justice Ruth Bader Ginsburg, came a lot of media coverage about the Equal Pay Act (EPA). You should be aware of the EPA, as it can be easy to violate its provisions, and an aggrieved employee does not have a difficult case if there is a pay violation… Read More »
The Penalties for Unlicensed Contracting Can be Severe
There are a lot of great things about living in South Florida. However, one not so great thing is the number of people who say that they are licensed to do projects, improvements, or construction on your home, but who are not. Anybody who hires a contractor to do significant work, whether on business… Read More »
Using the Fifth Amendment in Civil Cases
Most people, at least most people in the law, know what the Fifth Amendment says. It is the amendment to the constitution, included in the original Bill of Rights, which protects us against testifying against ourselves, otherwise known as the prohibition against self-incrimination. Criminal vs. Civil Case Use of the Fifth Amendment But there… Read More »
Can Experts Help Interpret Technical Laws?
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 »
How Juries are Picked in Civil and Commercial Litigation Cases
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 »
Remittitur and Additur
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 »
LGBTQ Employees Are Protected in the Workplace
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 »
