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
Is It Really Too Late? Statute of Limitations for Negligent Appraisal Ruling May Be Challenged
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
The Intra-Corporate Conspiracy Doctrine in Florida
A conspiracy requires the combination of two or more persons. To state a claim for civil conspiracy, a plaintiff must show:
- An agreement between two or more parties,
- To do an unlawful act or to do a lawful act by unlawful means,
- The doing of some overt act in pursuance of the conspiracy, and
Thoughts on National Registration for Service Dogs
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