49 U.S.C. Sec. 30106 (the “Graves Amendment”) shields those “engaged in the trade or business of renting or leasing motor vehicles [when] there is no negligence or criminal wrongdoing on the part of the owner” from vicarious liability for the rented or leased vehicle. Sec. 30106(a). Given this language, does…
A deposition is the gathering of sworn verbal testimony under oath. Except for communications that are protected by attorney/client privilege and the 5th amendment right against self-incrimination, witnesses are required to answer deposition questions. If a lawyer feels that a question is confusing, misstates testimony, lacks foundation, or assumes facts…
Traumatic brain injury (TBI) is the term used to describe brain injuries caused by trauma. Common causes of TBI include motor vehicle accidents, sport incidents, and simple fall down accidents. Brain injuries can also be caused by chemicals, lack of oxygen (hypoxia), Tumors, infection, and stroke. No matter the cause,…
Florida Statute 768.0415 instructs that unmarried dependents of parents sustaining significant permanent injury through the negligence of others shall be compensated for damages including loss of services, comfort, companionship, and society. The compensation for damages under this statute is not limited to minors. It includes adult dependents. The “significant permanent…
Prior to 1990, Florida employers had a common law qualified privilege to discuss current and former employees with prospective employers. The leading case was Nadar v. Galbreath, 462 So.2d 803 (Fla. 1984). For an employee to overcome the privilege, and thus hold the employer liable for defamation or intentional interference…
Seamen injured onboard vessels may be compensated based on two entirely different legal concepts: No-fault and Fault. No-fault benefits include maintenance and cure. These benefits are provided by the employer and end when the injured seaman reaches maximum medical cure. To receive these benefits, the employee need only show that…
Seamen injured on board vessels may be entitled to a wide array of economic and non-economic compensation from their employers and ship owners depending on the circumstances of each case. NO-FAULT BENEFITS Regardless of why a particular accident happens, every injured seaman is entitled to Maintenance & Cure benefits from…
The Republican Establishment has chosen Willard Mitt Romney to lead its people to The Promised Land. It points to his success in making large sums of money as the primary qualifying factor for the selection. G-d chose Moses to lead the Jews to their Promised Land. Interestingly, what persuaded G-d…
Most freedom-loving Americans believe that intelligence, skill, character, and temperament are the most important qualities of a judge. Not so Florida Governor Rick Scott. Ideology is what matters most to this governor … right-wing ideology at that. In a blatant effort to subvert a free-acting judiciary, Governor Scott is seeking…
Doctor selection under the Defense Base Act and the Longshore and Harbor Workers Compensation Act (LHWCA) is crucial. It can make the difference between fairness and injustice. Through 42 U.S.C. 1651(a), the LHWCA is the substantive law for the Defense Base Act. Under the LHWCA, employers/insurance companies are required to…