Posts tagged with: "miami+litigation+attorney"
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26 Jun 2013, 5:42 am by Boyer Law Firm, P.L.
Negligence law was originally created in response to the Industrial Revolution when railroads, factories, machinery, and new technology increased injuries to people and caused harm to their property. Negligence in Florida is a failure to use reasonable care, with harm to another party occurring as a result. For example, if John pulls the trigger on what he thinks is an unloaded gun and inadvertently shoots Jane, than John has negligently harmed Jane. Negligence law was formed under the belief that… [read post]
11 Jun 2012, 12:24 pm by clay
FastTrain College, a part of the FastTrain II Corporation specializing in health and computer science education programs, violated the Fair Labor Standards Act (FLSA) by failing to provide overtime payment to its employees, according to a class action lawsuit filed by the Sarelson Law Firm. Yennifer Martinez, the principal plaintiff, joined the company in December of 2011 as an admissions representative. Her job was to recruit new students and help them enroll in classes. She was told that she would… [read post]
29 Sep 2011, 6:28 am by Beckie
The Florida Attorney General is hearing more and more about cases of time-share fraud and is often on the lookout for certain scams, especially in a struggling real estate market.  It is a major problem, particularly in Florida. Predators lure in unsuspecting consumers with slick telemarketing tactics and sales techniques, telling the owner of a time-share that they have an interested buyer.  The same scammer would call back, this time pretending to be calling on behalf of the Attorney General and… [read post]
19 Sep 2011, 7:03 am by Beckie
In an unstable job market, gainfully employed Americans are careful to monitor the financial problems of their employers. But what happens when there are no warnings before a total shutdown? Solyndra, a solar power equipment manufacturer, filed for bankruptcy this month and immediately closed its doors to employees the day after its announcement. A class action lawsuit filed by a former employee alleges that the company failed to uphold labor laws because it did not provide notice that it would be… [read post]
14 Sep 2011, 9:53 am by Beckie
The Florida Supreme Court will not hear the appeal of the R.J. Reynolds tobacco company of a $28.3 million verdict against the company. R.J. Reynolds was found liable for the death of Benny Ray Martin, and the company argued that it was wrong for the trial court to instruct the jury to find the company liable if it decided Martin was a member of the Engel class. The class action suit, which involved the addiction capabilities of cigarettes, had won a $145 billion punitive damages award. The Florida… [read post]
15 Dec 2011, 2:36 pm by mikedavidson
Purebred Breeders, an online dog seller thought to be the largest company of its type in the U.S., is facing a lawsuit alleging the company sells puppy mill dogs instead of the purebred animals it claims. The lawsuit is being filed by Leopold-Kuvin on behalf of 11 customers and in cooperation with the Humane Society of the United States, the world’s largest animal advocacy group. Multiple customers have complained nationwide of puppies becoming sick shortly after they arrive, and sometimes dying.… [read post]
27 Feb 2012, 1:46 pm by mikedavidson
When news stories began coming out about insider trading in Congress, many people were infuriated. Normal business people found to be guilty of insider trading face harsh penalties, so why should members of Congress not face the same? In response to public outrage, Congress passed the Stop Trading on Congressional Knowledge Act (STOCK). The STOCK Act, in various versions, has been proposed multiple times over the years. Until now, though, members of Congress have managed to avoid applying securities… [read post]
31 Jul 2012, 9:46 am by MLB
Harley Storrings Arnstein & Lehr Miami Partner Harley Storrings was quoted in the July issue of The Society for Human Resource Management newsletter. The article, titled "FLSA: The Dinosaur in the Room," discusses the Fair Labor Standards Act of 1938 and the increase in lawsuits as the law has increasingly fallen out of step with the modern workplace. Regarding off-the-clock work, Mr. Storrings comments that broad interpretations of what constitutes de minimis work are problematic because in… [read post]
29 May 2013, 5:49 am by Boyer Law Firm, P.L.
Contractors are required by law to be licensed in the State of Florida, but lately there has been an increase in unlicensed contractors. The increase began in 2008 and 2009 during the recession, at a time when the region’s building industry stalled, said building official Greg Yantorno. He also said that most unlicensed contract work involves interior remodeling and repairs rather than construction or home additions. It is important for homeowners and business owners to make sure that the… [read post]
2 Jan 2012, 1:19 pm by mikedavidson
A $538.6 million settlement is set to be paid out by Samsung Electronics, Sharp Corp., and five other makers of liquid crystal display panels in order to settle anti-trust claims by indirect purchasers of the products. In order to settle price-fixing claims by direct buyers, the manufacturers agreed earlier this month to pay $388 million as part of a series of consolidated cases in federal court. The new agreement dictates that $501 million will be available for partial refunds to consumers and… [read post]
10 Nov 2011, 1:03 pm by mikedavidson
A red tide is can be a killer, both for marine life and for people. They occur all over the world, with different types of algae creating the toxic environment responsible for the discomfort or death of what it meets. For Florida and the Gulf Coast, the Cymnodinium breve is often the cause of the red tide. A recent red tide developed this month near Florida, killing large amounts of fish off Sarasota, Sanibel Island and Charlotte County. A red tide can release toxins into the air, causing… [read post]
17 Oct 2011, 11:03 am by mikedavidson
Scam artists have been taking advantage of recession pressed seniors and other vacation homeowners in Florida who are interested in offering their homes for timeshares. They get thousands of dollars up front by promising to have buyers lining up, only to never produce them after receiving the payment. Florida Attorney General Pam Bondi has officially recognized this new epidemic by issuing a consumer alert for timeshare resale fraud. There were 12,000 complaints over the issue filed last year, and… [read post]
28 Nov 2011, 2:33 pm by mikedavidson
Facebook has finally revealed details about how it tracks users on the web. For several years consumer protection advocates have questioned the data that the social networking site gathers, and how it uses it. USA Today’s Byron Acohido interviewed multiple individuals responsible for Facebook’s operations, and compiled a list of the things he learned: Facebook tracks members who have signed in and are using their accounts differently from members who are logged off and non-members. If you visit… [read post]
13 Dec 2011, 2:34 pm by mikedavidson
When an auto manufacturer declares a recall, it is both comforting and unsettling. You can take comfort knowing your vehicle will be repaired, free of charge, and will be safer to drive. There is little comfort in contemplating how close you could have been to something going wrong, though. Certain Honda owners will likely experience this mixture of emotions following the international automaker’s announcement of the recall of 304,000 vehicles globally. Honda is recalling vehicles for air bags… [read post]
4 Jan 2012, 1:23 pm by mikedavidson
Used car buyers have a valuable resource at their disposal in the National Motor Vehicle Title Information System. A project of the Justice Department begun in 2009, the database will be used by almost every state in the nation to keep track of vehicle records, including accidents and theft. The system, still not fully developed, is in use by 39 states, with nine others set to begin. Only Oregon and Illinois are not participating. States using the system are reporting improved abilities in… [read post]
17 Jan 2012, 9:34 am by mikedavidson
In 1997, Congress passed the Amtrak Reform and Accountability Act. The results of that tort reform, and its effect on a 2008 train wreck, go a long way to explain the dangers and difficulties faced by everyday people when damages are capped. Thanks to sufficient lobbying, Amtrak and the railroad industry had convinced our elected officials to include a statutory-mandated limitation on damage awards in major railway negligence cases. According to the bill, “The “aggregate allowable awards to all… [read post]
25 Jan 2012, 2:26 pm by mikedavidson
With Google shifting its search results around, alarm bells have gone off over at Twitter. Twitter spokesman Matt Graves has released a statement explaining exactly what the company thinks is wrong with Google’s move: “For years, people have relied on Google to deliver the most relevant results anytime they wanted to find something on the Internet. “Often, they want to know more about world events and breaking news. Twitter has emerged as a vital source of this real-time information, with more… [read post]
18 Jan 2012, 9:35 am by mikedavidson
Florida is experiencing a significant amount of discussion over its $10,000 in mandatory personal injury protection insurance, and the amount of fraud it is supposed to be encouraging. The current discussion over PIP limits has some similarities to the discussion of tort reform, and while we cannot say if the results of both types of reform will be the same, it is worth considering how one resembles the other. Tort reform is an attempt to put a cap on non-economic damages in a court case. In issues… [read post]
6 Feb 2012, 2:50 pm by mikedavidson
In the world of consumer protection, there is no fraud more well-known than the Ponzi scheme. Though many of us have heard the term, we may not know exactly what it means. What is a Ponzi scheme? The U.S. Securities and Exchange Commission (SEC) defines a Ponzi scheme as an investment fraud that involves the payment of purported returns to existing investors from funds contributed by new investors. According to the government website SEC.gov, Ponzi scheme organizers often solicit new investors by… [read post]
29 Nov 2011, 2:35 pm by mikedavidson
Florida personal injury protection auto insurance coverage is costing Floridians an extra $1 billion a year because of fraud, suspect medical payments and legal expenses, according to critics. Insurance in certain parts of Florida has become prohibitively expensive. The costs for the state law minimum of $10,000 of PIP coverage have gone up by as much as 80 percent in some Miami and Tampa Bay-area neighborhoods between 2008 and 2010, according to state officials. Though accidents statewide have… [read post]