Easy Law Finder

Tag: subject-matter

  • The Complaint for a Pure Bill of Discovery: A Living, Breathing, Modern Day Dinosaur?

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    A pure bill of discovery is an old legal remedy that asks the court to make the other party share information or documents. It’s not used much anymore because modern rules of procedure cover most types of discovery. But sometimes it’s still necessary to use a pure bill of discovery to get the information needed…

  • Land Mines and Other Surprises in Residential Landlord and Tenant Cases

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    In Florida, landlord and tenant cases can get complicated due to issues with notices and legal requirements. In a case called Bell v. Kornblatt, a landlord’s eviction complaint was dismissed because the three-day notice to the tenant was defective. However, the court clarified that the notice requirement is not a matter of subject matter jurisdiction,…

  • International Commercial Arbitration: Hurdles When Confirming a Foreign Arbitral Award in the U.S.

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    Commercial arbitration is a popular way to solve disputes between companies from different countries. However, sometimes there are obstacles when trying to enforce a decision from an arbitral tribunal. In the U.S., there is a three-year time limit for filing a petition to confirm an arbitral award. This means that if a party wants to…

  • Final Order Indexing in the Electronic Age: The 2015 Amendment to F.S. §120.53 Finally Fulfills the Purpose of the Original Statute 40 Years Later

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    In 1974, Florida passed a law that required state agencies to list and index all of their final orders. But many agencies didn’t follow this rule. In 2015, the law was changed to make it easier for people to access these orders online. Now, all state agencies have to use a specific website to list…

  • What types of cases are eligible for federal court (subject matter jurisdiction)?

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    Which types of cases are dealt with in Federal Court? Federal court jurisdiction is restricted to specific categories of cases mentioned in the U.S. Constitution. Primarily, federal court jurisdiction covers cases where the United States is involved, cases related to Constitutional or federal law violations, crimes committed on federal property, and bankruptcy cases. Additionally, federal…

  • What is a temporary patent application?

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    A temporary patent application is a legal document filed in the United States Patent and Trademark Office (USPTO), that establishes an early filing date, but does not mature into an issued patent unless the applicant files a regular non-temporary patent application within one year. There is no such thing as a “temporary patent”.[1] A temporary…

  • Who is allowed to offer legal advice?

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    Only a licensed attorney has the authority to give legal advice. Paralegals and law assistants are limited to providing information or facts. Only a licensed attorney can offer an expert opinion. At the moment, the number of laws, policies, regulations, modifications, and amendments is rapidly increasing. Professionals in the field specialize in specific areas of…

  • Why is it important to contact a planning attorney specializing in Medicaid?

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    Why is it crucial to remain knowledgeable about medicaid planning? What is Medicaid Planning and what does it entail? Medicaid Planning involves “Planning”. Not just becoming eligible. So some of the penalties that can be involved in improper Medicaid planning are that you can really hit a disqualification period, where you basically may be up…

  • Florida’s New Telemarketing Laws: What High Schoolers Need to Know

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    – Florida has adopted its own version of the Telephone Consumer Protection Act, known as Florida’s Mini-TCPA, which is similar to the federal TCPA. – The changes to the Florida Do Not Call Act include the removal of existing call exemptions, the addition of a prior written consent requirement for marketing calls using an automated…

  • How to Win a Noncompete Case: Move Quickly to Secure Victory

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    – The Tampa federal court denied a preliminary injunction to a transportation management company seeking to enforce non-compete agreements against four former employees due to delay in filing the lawsuit and lack of urgency. – The court emphasized the need for speed and urgency in proving imminent and irreparable harm when seeking a preliminary injunction.…

  • Understanding Governing Law Clauses for Contracts

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    1. A governing law clause is a provision in a commercial contract that specifies which country’s laws will govern the interpretation and enforcement of the contract terms. 2. Parties usually include a governing law clause in their contract to ensure certainty and predictability in the event of a dispute, as it allows them to know…

  • Testimony from a Deceased Witness in Florida: What Happened and What They Saw

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    – Florida Statute § 90.602 was repealed in 2005 by the Florida Legislature. – The statute barred an interested party in an estate from offering testimony regarding oral communications with a deceased person unless there was a waiver in place. – The statute only applied when a witness was testifying for their own sole interest…

  • Enforcing Non-Compete Agreements: What You Need to Know Before Signing a Contract

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    1. Former employees are reminded of their post-employment obligations through a letter after their separation, whether stand-alone or part of a more comprehensive separation letter. 2. Look for “smoking gun” evidence of potential breach, such as analyzing former employee’s work email and computer for any signs of taking confidential information. – No new company was…

  • Enforcing Non-Compete Agreements: What You Need to Know

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    1. The data showed a significant correlation between exercise and improved mental health. 2. The survey results indicated that most participants preferred shopping online over going to physical stores. 3. The experiment demonstrated that plants grow better with regular exposure to sunlight. 4. The research findings suggested that regular meditation can reduce stress levels. 5.…

  • Legal Battles: No More Business Competition.

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    1. The sky appears blue because when the sun’s light reaches the Earth’s atmosphere, the shorter blue wavelengths are scattered more than the other colors. 2. The moon’s gravitational pull causes the ocean tides to rise and fall. 3. The Earth orbits the sun because of the gravitational force between the two bodies. 4. The…

  • Resolving Disputes Over Escrow Accounts in Florida

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    – Interpleader Actions in Florida are governed by Florida Rule of Civil Procedure 1.240, which is a rule promulgated by Florida’s Supreme Court. – The person holding the funds (escrow agent) to which two or more persons make claims (such as a buyer and seller) files suit asking the court to decide which party has…

  • “Getting Clients from Your Previous Job Could Get You in Trouble.”

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    1. The court ruled that an employee can be taken to trial for violating non-disclosure and loyalty provisions, even without a non-compete or non-solicit agreement. 2. It is unlawful for an employee to take actions that harm their employer for the benefit of a competing business, even while still employed. 3. In the healthcare industry,…

  • Florida Supreme Court Explains Healthcare Industry

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    1. Referral sources can be considered a protectable business interest under Florida’s non-compete statute. 2. The Court provided guidance on which types of business assets can justify enforcing non-compete or non-solicit agreements in all industries. 3. The Florida non-compete law requires companies to show that they have one or more legitimate business interests in enforcing…

  • Understanding Non-Compete Agreements in Florida

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    1. Non-compete, non-solicitation, and other restrictive covenant agreements are valid under Florida law. 2. These agreements must be reasonable in time, area, and line of business, and must be signed by the person against whom enforcement is sought. 3. The person seeking enforcement must prove the existence of legitimate business interests justifying the restrictive covenant,…

  • “Questions about Severance Pay: What You Need to Know”

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    – Employers are generally not required to provide severance pay under the Fair Labor Standards Act. – Companies often ask employees and contract workers to sign severance agreements to avoid potential disputes and maintain good-will. – The amount of severance pay offered varies based on factors such as length of employment, position, company size and…

  • Enforcing Non-Compete Agreements for Doctors

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    1. A Florida court upheld a temporary injunction against a cardiovascular surgeon for violating non-compete and non-solicit provisions in his employment contract with First Coast Cardiovascular Institute, P.A. 2. FCCI had plans to expand its practice in Putnam County, Florida and had made investments to deepen its relationship with Putnam County Medical Center. 3. Dr.…

  • Enforcing Florida Court Orders in Georgia

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    1. Attorneys often need to collect judgments obtained in other states due to the transient nature of individuals in today’s society. 2. Multi-licensed attorneys practicing in states near the state line of another frequently encounter this issue. 3. The Uniform Enforcement of Foreign Judgments Law, effective in Georgia since July 1, 1986, expedites the recognition…

  • “New Online Privacy Rules for Kids: What You Need to Know”

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    1. The information gathered from children under 13 needs to be scrutinized. 2. The methods employed for data collection need to be reviewed. 3. The purposes of usage of the collected data need to be evaluated. 4. The necessity of the information for the company’s website, mobile app, or online service activities should be considered.…

  • Are You Actually an Employee and Not an Independent Contractor?

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    1. The Eleventh Circuit ruling in Romera v. Razzle Dazzle Barbershop, Inc. affirmed that a salon in Miami correctly classified certain barbers as independent contractors. 2. The outcome of the case was based on unique evidence and legal strategies used by the attorneys representing both sides, and does not mean that all barbers can be…