I’ve posted before, here and here, regarding the dilemma business owners have when faced with a customer with a dog (fake service dog) or a customer with an animal (emotional support animal – which are not afforded the same protections as service dogs). Many business owners simply don’t know how to respond or respond
Boston Terriers Revolt – Mass. Considers Law to Penalize Fake Service Dogs
Following up on my earlier post regarding fake service dogs, news from up north that Massachusetts is also considering a law to penalize those that pass off pets at service dogs.
The bill would makes passing a pet off as a service dog a civil infraction, carrying a $500 fine.
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Broken Promises: Not Actionable Fraud in Florida
I previously blogged on the continuing existence of the independent tort doctrine in Florida. In lawsuits between parties who bargained for their remedies in a contract, the independent tort doctrine will bar tort actions brought simply as a way around contract remedies. To state a valid tort claim, the independent tort doctrine requires contracting parties
The Alter-Ego of a Corporation: Piercing the Corporate Veil
A corporation is a legal entity separate and distinct from its shareholders. The corporate form generally shields shareholders from personal liability for the corporation’s debts.
However, shareholders cannot incorporate to limit their liability, and then use the corporate form to cover their fraud. Under such circumstances, a party may seek
Alert: Answers About the Most Recent Worldwide Ransomware Attack
On June 27, a massive ransomware attack now known as “Petya” spread across the globe in a similar fashion to the WannaCry cyberattack in May. In our recent Privacy & Data Security alert, Fox Chief Privacy Officer and Partner Mark McCreary breaks down what we know about the attack, how to address it if
Spolier Alert Part II: Federal Courts
I previously blogged on the spoliation of evidence in Florida courts. In federal cases, federal law governs the imposition of sanctions for spoliation of evidence. Federal courts may consider state law in deciding whether to impose sanctions for spoliation, so long as it is consistent with federal law.
Copyright: andreypopov
Dear Bankruptcy Defendant, U.S. Mail Service is Valid
“You have been served” – the famous phrase uttered by process servers everywhere, may never be heard by a bankruptcy defendant.
Why?
Well, Bankruptcy Rule 7004 bestows the rare privilege of nationwide service of process by FIRST CLASS U.S. MAIL of a Summons and Complaint on defendants (with a few exceptions). In bankruptcy
The Fall of the Economic Loss Rule and Rise of the Independent Tort Doctrine
In Florida, the economic loss rule previously prevented parties who allocated their risks and remedies in a contract from bringing a tort action. For many years, the economic loss rule only applied in two circumstances:
- When the parties negotiated remedies in a contract, and
- In products liability cases, when the defective product damaged only itself
Establishing Entitlement to Punitive Damages: The Not So Puny Standard
Punitive damages may be awarded in civil actions as a form of punishment to deter others from engaging in conduct similar to the defendant. Punitive damages are only available for certain claims, such as intentional torts, and only if the defendant is personally guilty
Forum Selection Clauses: Mandatory or Permissive? No Magic Words Required!
Contractual forum selection clauses may be “mandatory” or “permissive”. However, there are times when a forum selection clause that appears to be permissive is actually mandatory. Florida’s Third District Court of Appeal recently addressed such a situation in Quick Cash, LLC, v. Tradenet Enterprises Inc., 3rd DCA Case No. 3D16-1640 (Fla. 3d DCA