Widerman Malek Law Blog

Civil Court: You are not a Criminal

Did you know there was a difference between a civil and criminal case? For starters, when you are sued in civil court, you do not start the process off in handcuffs – so you have that going for you. And anyone can sue you in civil court, for things that you might never imagine would […]

Holten vs. Narconon Arrowhead

Imagine a loved one has fallen into a cycle of substance abuse. You’re able to address the situation with this person and agree that help is required. You do your research, you find specialists in the area and this person decides to take the next step of moving into a facility where they can be […]

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.

The Abuse Keeps Coming For 2009-2010 Foreclosure Victims

Banks and mortgage companies hoping to avoid further negative press suffered yet another embarrassing setback last month when the first compensation checks issued to victims of foreclosure abuse bounced.  As part of the foreclosure abuse settlement, federal regulators worked out a deal between 14 mortgage companies and banks to compensate home owners who were illegally […]

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 […]

Is the Economic Loss Rule Dead in Florida?

On March 7th 2013, the Florida Supreme Court ruled that the economic loss rule can only be used in relation to product liability cases and not contractual cases.  Their decision was determined through the case Tiara Condominium Association v. Marsh & McClennan.  Tiara Condominium Association sued their insurance broker Marsh for not providing them with […]

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 […]

Remember This? When Common Sense Loses in a Court of Law

Are you aware that coffee is served hot? How about that if hot coffee were to accidentally spill on someone it could burn that person?  If you knew both these facts, congratulations you have mastered common sense.  Common sense tells us that hot beverages are going to hurt if poured onto our skin.  Anyone who […]

Beach Easements: Are Private Beaches Truly Private?

Rhode Island, known as the Ocean State, has a beautiful coastline on the Atlantic Ocean.  Its private and public beaches are enjoyed throughout the summer months by residents and tourists alike.  One day as a teenager I ventured forth with friends onto a private beach in Newport.  We were hoping not to be noticed if […]

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 […]

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