On the 4th of July, of all days, the following topic should be considered one of utmost importance. The 7th Amendment to the United States Constitution guarantees the right to a trial by jury in civil cases. Seventh Amendment of the US Constitution “In suits at common law, where the…
One would hope and expect in a society purporting to be civilized, that the negligence of any person or company could not be waived before it happened. Astonishingly, Florida law allows just that: pre-accident releases/waivers barring actions based on the subsequent negligence of the released party. In other words, Florida…
Jury trials are at the very foundation of American participatory democracy. According to Alexis de Tocqueville, in Democracy in America, “The jury contributes powerfully to form the judgment and to increase the natural intelligence of a people; and this, in my opinion, is its greatest advantage. It may be regarded…
In a previous blog, The Truth About the McDonalds Coffee Spill Case – Fallacy Debunked, I presented the honest facts about the infamous McDonald’s Coffee Spill case. Sadly, the truth bears little resemblence to the shameless lies spread by Corporate America. Why would Corporate America lie about this case? Simple.…
There is much discussion taking place today concerning whether or not Medicare Set Asides are required in personal injury cases. The answer seems to be No, but the consequences of being wrong have many in the personal injury business, lawyers and insurance companies alike, greatly concerned. The Medicare Secondary Payer…
Don Johnson, known as “Sonny Crockett” in the 1980s (84-89) blockbuster television show “Miami Vice,” was awarded $23.2 million by a Los Angeles jury. Johnson sued production company Rysher Entertainment for a share of the profits from the television series, “Nash Bridges” (1996-2001) (co-star: Cheech Marin, of Cheech & Chong…
McCall vs. Alabama Bruno’s, Inc., 647 So.2d 175 (Fla. 1st DCA 1994): Florida follows the general rule that the employer of an independent contractor is not liable for the contractor’s negligence because the employer has no control over the manner in which the work is done, except when one of…
Once a hospital is paid by Medicare, it is barred from balance-billing the patient except for a small co-payment. Because Medicare pays less than “reasonable value” for services charged by Florida hospitals, where a hospital believes that the patient is likely to receive a monetary recovery in a personal injury…
In the 2011 legislative session, the Republican-dominated Legislature approved $1,000,000 in funding for 25 legal aid organizations that reached into all 67 Florida counties. On May 26, Gov. Rick Scott vetoed the funding. It will be only the second time in 10 years that Florida will not be providing any…
In Rent-A-Center, West, Inc. v. Jackson, 130 S. Ct. 2772 (2010), the U.S. Supreme Court considered whether, under the Federal Arbitration Act (FAA or Act), 9 U.S.C. §§ 1-16, a district court may decide a claim that an arbitration agreement is unconscionable where the agreement explicitly assigns that decision to…