I previously blogged on the standard for punitive damages in Florida. To be entitled to an award of punitive damages, a plaintiff must show that the defendant’s conduct rises to a high level of culpability.
But what if a statute authorizes the recovery of punitive damages? Certain statutes, like Florida’s unauthorized publication of likeness
I’ve posted before here on the Oregon wedding cake case (not to be confused with the Colorado wedding cake case that went to the Supreme Court).
Now comes recent news that the Oregon Court of Appeals has upheld a $135,000 fine against two bakers, Melissa and Aaron Klein, who refused to bake a cake for
Miami is know for fun, sun, beaches and is a top spot for people looking to vacation or get together with friends or family for reunions and parties. As a result, Miami-Dade County has been one of the busiest areas for peer-to-peer short term rentals. The more short term rentals in a neighborhood the more
I recently wrote in Fox Rothschild’s Consumer Law Ledger about a Florida appellate court’s ruling that the statute of limitations for a negligent appraisal claim begins to run on the date that the loan is funded, even if a loan default does not occur until much later.
I’ve been told that a Motion for Rehearing
A conspiracy requires the combination of two or more persons. To state a claim for civil conspiracy, a plaintiff must show:
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
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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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
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