The Andres Lopez Law Firm

Florida Law Blog

Florida woman critically injured at airport

While our blog has on many occasions reported on car accidents and other accidents on land, Floridians actually travel frequently by water and by air, particularly when they are trying to reach the Keys or other popular destinations in this state. Unfortunately, accidents can and too often do happen when people are using boats or aircraft to get around.

A woman from the Naples area suffered a severe injury at an airport in Key West after traveling on a private plane. According to reports, the woman left the airplane after it had landed at Key West. The pilot had already disembarked and was inspecting the plane because of a suspected mechanical problem. When the woman got off of the plane, for some reason she came in to contact with the plane's propeller.

What is a qui tam lawsuit?

Many businesses in Southern Florida may have the federal or state governments, or an agency thereof, as a client or a business affiliate. After all, much of the government's work is done through contracts with private businesses. Not surprisingly, it is very important for a business in Coral Springs who is doing business with the government to take great care to pay attention to accuracy and detail at all stages in their dealings with the state. Otherwise, the business may find itself on the receiving end of an accusation that it defrauded or misled the government.

Furthermore, the government itself need not investigate all such allegations directly. In the case of false claims against the government, private individuals, including business rivals, can file suit on behalf of the federal government in what is called a qui tam action.

What are your options if your homeowners insurance won't pay?

If you are like most homeowners in the Coral Springs, Florida, area, you may have gone your entire adult life without ever needing to file a single homeowners insurance claim. While you pay your premium diligently every year, you may have never wound up in the scenario where you required the coverage to pay for damage to your property or an injury to someone visiting you.

Then, you get hit by a big storm. High winds, hail or water incursion could all cause substantial damage to your home. In some cases, you may need to repair or replace a roof. Other times, more substantial work is necessary after serious storm damage. Some people even need to rebuild their entire home.

Common methods to defeat a foreclosure suit

In many cases, a discussion about how to prevent or stall a foreclosure of one's home or business will revolve around what a Florida family can do to negotiate with the bank, or, alternatively, delay the process.

However, it is important for people in the Coral Springs area to remember that mortgage foreclosures are lawsuits, meaning that the bank still has to prove its case and comply with all the applicable legal requirements, even down to what might seem like minute details. Otherwise, it is possible for family to avoid foreclosure altogether.

Electric shock drowning is a preventable tragedy

Being surrounded by the ocean on three sides and having plenty of inland bodies of water as well, it is no surprise that Florida is the home to many marinas and other boating facilities. Likewise, lots of residents of Coral Springs and other parts of South Florida probably own a boat and enjoy taking it out on to the water most of the year.

Of course, there are a number of hazards associated with boating. Marina owners and individual boaters need to take account of these hazards and make sure that they are doing what they reasonably can to keep others safe.

How does arbitration work?

Recently, this blog talked about how a professional football team is trying to get a legal dispute about their recent move to another market resolved in arbitration rather than litigation. While the previous post touched on the process, business owners in South Florida may want to know more about how arbitration works since it gets used frequently in contract disputes and other types of business litigation.

One key point to remember about arbitration is that it is a process to which all sides in a dispute must agree. Unlike mediation, a court cannot order parties to try arbitration instead of proceeding through a lawsuit. On the other hand, an agreement to arbitrate does not have to be at the time a dispute actually arises; businesses often agree in their contracts to arbitrate disputes even when they could come up years later.

NFL-related suit over arbitration continues

Football fans in South Florida probably know that professional teams relocate from time to time. While this is an inevitable part of the business, it is almost always controversial particularly because the leaders and people of the city being left behind are often left with lost revenue, languishing property and an overall diminished economy and lost morale.

The Los Angeles Rams, which recently returned to that city after a couple of decades in St. Louis, are still embroiled in several court disputes with disappointed fans and others who continue to contest the legality of the team's move.

Fatal accidents often happen at intersections

There is a lot going on at any intersection where two or more Florida drivers have to coordinate the movements of their vehicles safely. Of course, the easiest and surest way for drivers to do this is to follow the rules of the road and observe traffic signs and lights. Not doing so can cause fatal motor vehicle accidents.

Unfortunately, not all drivers appreciate this concept, and the result has been tragic. A recent report concluded that the number of fatalities attributable to vehicles that ran a red light has risen considerably between 2008 and 2017, the latter of which is the last year complete statistics were available.

What exactly is racketeering?

A previous post on this blog talked about how one business was suing another organization, a competitor, under federal anti-racketeering laws. The point of that post was that the Florida businesses have every right to expect that their competitors will play by the rules when contending for a larger share of the market. If organizations do not live up to their basic responsibility to follow the law, those businesses that are law abiding can use the civil court to hold their competitors accountable.

Traditionally, racketeering described the illegal activities of street gangs and organized criminal enterprises like the Mafia. These groups would often engage in various types of crime, often violent, in order to intimidate and force people in to paying for services they did not really need, such as protection payments in order to avoid violence at the hands of a gang.

Bankruptcy-related spat brings RICO into spotlight

A recently dismissed federal lawsuit based on the Racketeer Influenced and Corrupt Organizations Act or RICO Act, put into focus an important legal weapon that businesses may use to protect their interests against the unfair tactics of their competition. On the flip side, the suit also demonstrates a source of legal liability businesses in South Florida may face.

It is an axiom of business law that while businesses in a free market naturally compete with each other for revenue, they must do so in accordance with the law. In the recent case that hit the news, a man who founded a firm that handles corporate restructuring of bankrupt organizations legally accused his firm's competitor of defrauding bankruptcy courts across the country. He filed suit under the RICO law because the law allows those harmed by a criminal enterprise to do so in order to recover damages.

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