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Once I am hired in a personal injury case I get to work on investigating the circumstances of the accident or intentional act that caused my client’s injury to determine if this is a case worth taking to trial. Or, whether it might be more beneficial to try to settle the case or even decline representation of the Read More »

One who suffers personal injury to one’s body, or the family members of one who is killed as a result of another’s intentional or negligent conduct, is entitled under the American system of justice to recover money damages against the wrongdoer(s). These civil wrongs are known as a “torts.”  There are other kinds of torts that occur that don’t result Read More »

Florida Statute 68.065creates a statutory remedy for one seeking to collect on a worthless or “bounced” check. The statute provides in relevant part: In any civil action brought for the purpose of collecting a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or Read More »

In my last post I discussed false arrest/false imprisonment by law enforcement officers from a state law perspective. In a later post I will discuss false arrest/false imprisonment viewed from a federal civil rights perspective. Today, however, the focus of my discussion will be on false arrest/false imprisonment cases when someone is accused by a store merchant of shoplifting, Read More »

In my last post I discussed false arrest/false imprisonment by law enforcement officers from a state law perspective. In a later post I will discuss false arrest/false imprisonment viewed from a federal civil rights perspective. Today, however, the focus of my discussion will be on false arrest/false imprisonment cases when someone is accused by a store merchant of shoplifting, Read More »

When a person is arrested by a law enforcement officer without “probable cause” that arrest is called a false arrest. A person falsely arrested has been illegally restrained against his will. False imprisonment is similar to false arrest except that one need not be detained by a law enforcement officer to have a cause of action for false Read More »

Whenever I get hired to represent an out-of-state individual or corporation who is being sued in the State of Florida, the first thing that I look at is whether the court here in Florida has “personal jurisdiction” over the defendant. If not, then the out-of-state defendant is not subject to the lawsuit in Florida. Personal jurisdiction is a two-part inquiry. Read More »

As one former Palm Beach County judge quipped, probate and trust litigation is “family law without the sex.” I don’t practice family law but if the judge meant that the litigation is acrimonious, I totally agree. When family members are fighting over the assets of a deceased’s family member’s estate, the conflicts are often more than Read More »

When I discuss the subject of automobile insurance with my clients who have been involved in car accidents many of them tell me that they have “full coverage.” Unfortunately, what they consider full coverage and what really is “full coverage” is quite different. Under Florida law, the only two types of insurance coverage that are mandatory Read More »

Clients are often justifiably concerned about the attorney’s fees they will incur in their lawsuit and often ask if there is a way to recover attorney’s fees from the other party. Generally speaking, Florida follows the “American rule” which provides that in the absence of a statute,  a contract or a rule authorizing an award of fees, each side pays its own attorney’s fees.There are rare exceptions to this rule which I Read More »