By the time you have decided to submit a claim to the Florida Court system, you will have been paying out pocket. Throughout the process, there are attorney’s fees, document submission fees and more. You have to ask yourself if the claim is worth pursuing. Once you get through the four basic stages of litigation: […]
Widerman Malek Law Blog
Mediation will try to Solve a Five Year Old Lawsuit Against Office Depot in California
Office Depot is once again the subject of a lawsuit claiming the company overcharged some government agencies as another lawsuit has been filed against them in California. It is a case that is not only looking like it will cost Office Depot some money, but has severely tarnished their hard earned reputation that made them […]
GPS Tracking Devices
Just a few weeks ago Philadelphia’s Third Circuit Court of Appeals handed down a ruling in United States v. Katzin that will effect the practices of local, state, and federal law enforcement agencies across the country. The Court decided that law enforcement agents need probable cause and a warrant before attaching a global positioning system […]
Keys to Mediation: What a party should focus on
Keys to Mediation: What a party should focus on
When you are participating in mediation, you are inevitably thinking about one of two things: What am I getting or What am I giving. Every once in a while, you might be thinking about both. As a mediator and as an attorney involved in tons of mediations, I have watched parties come into the mediation expecting the world, expecting to give up next to nothing, and occasionally expecting to meet somewhere in the middle. The latter expectation is the best, but I think it is rarer than the other two by far.
Can Information from Mediation be brought up during a case?
As previously discussed, Mediation is an avenue of possible resolution in a civil case, regardless of the amount in controversy. But what happens if you go to mediation and it doesn’t settle? Can the other side use anything you said in mediation against you in a later proceeding or a trial? Thankfully, the answer is […]
Mediation-is it a good idea?
Mediation-is it a good idea?
By: Eric L. Hostetler
Mediation can either be voluntary or ordered by the court, depending on the jurisdiction. Mediation is becoming more and more common in small claims cases as the court will provide Supreme Court approved mediators to discuss your case after the pre-trial conference. In most circuit court cases, the Judge will require the parties attempt to mediate as part of a pre-trial order.
They breached the contract so what kind of damages can I get? How about lost profits or loss-of-use?
By: J. Mason Williams IV It can be difficult to determine what type of monetary damages, if any, a party is entitled to in a breach of contract case. Even if you determine the type of damages, it can be even more difficult to prove the amount as evidenced in a recent case in Hillsborough […]
Will a Tenant get their security deposit?
By: J. Mason Williams IV I have been asked several times whether a person can get their security deposit back. Often times, they tell me that they cleaned everything up and the landlord still won’t give them their deposit back. Why not and what can I do? Well, first you have to review your […]
Do you always have to pay rent?
The short answer is no, you don’t always have to pay your rent, but the circumstances that allow you to make partial payments, or to stop paying altogether are very limited. In short, generally you need to pay your rent. You might win a case and get that rent returned or get something fixed, but […]
Can I disinherit someone?
In Florida and many states (if not all states), the short answer is you can absolutely disinherit someone . . . mostly. There’s a catch or two though. You can disinherit anyone to a certain degree. The problem is that statutes sometimes allow certain heirs the ability to take an elective share of the elective estate […]
