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Florida Supreme Court Declines Daubert Standard for Expert Evidence

Robin Bresky April 27, 2017

In addition to deciding cases, the Florida Supreme Court has the responsibility of adopting procedural rules for court proceedings; but the Court does not directly promulgate rules of evidence. The Legislature has enacted the Florida Evidence Code in chapter 90 of the Florida Statutes, and the Supreme Court usually adopts the legislative amendments to the extent they are procedural. The

Age Discrimination

Ric Selby April 25, 2017

According to a recent article in the New York Times, older employees, even those of retirement age, are staying in the workforce longer. Some are working longer out of necessity while others remain simply because of increased longevity. Whatever the cause for the trend, it is important to understand the laws that are in place to protect this older generation

The Big Questions: A Case Study on What Is ‘Unfair’ and ‘Deceptive’

Patrick Brickman April 25, 2017

From time to time, we here in the class action department of Dworken & Bernstein will ask the fundamental questions: What does unfair mean? What is deceptive? Where is the line? What conduct crosses it? A recent string of cases about shipping and handling fees examines these big picture issues head on. We’ve all seen them – the late night

Fifth Amendment Protection in the Public Employment Sector

Eric Nemecek April 25, 2017

Imagine being summoned into your employer’s office and informed that you’re the subject of an investigation into a criminal offense. This scenario would be extremely stressful, especially where there are legitimate concerns regarding the allegations and the potential consequences. Now, imagine that the person questioning you is a government official who provides you with the following options: Cooperate with the

How Does Ohio’s New Gun Law Impact The Workplace?

Melissa Dials April 25, 2017

On March 21, 2017, a new gun law went into effect in Ohio that expands the rights of concealed carry permit holders, allows active-duty members of the armed forces to carry weapons without a concealed carry license if certain conditions are met, and broadens the scope of places where those permit holders may carry their firearms. But what does this

A Game of Clones

Z. Peter Sawicki and James L. Young April 13, 2017

“As an initial guideline, having a federally registered trademark is important. Theoretically speaking it is not necessary, but it makes the journey easier, less costly and the outcome more assured. An incontestable registration is even better, as it shuts down blow-back that your client’s mark is descriptive.” We all know someone who has purchased an expensive product at a bargain

Parenting Time Modifications: Keeping a Child’s Best Interests in Mind

Kathleen Newman April 13, 2017

With custody labels having much less significance than in the past, parenting time – previously called visitation – is the issue that parents and lawyers spend a lot of time addressing in divorce decrees. Minn. Stat. Sec. 518.175 addresses parenting time, requiring the court to grant parenting time that enables the child and parent to maintain a relationship that will

Preserving Trial Errors for Appeal

Rebecca Bowen Creed April 5, 2017

As a busy trial lawyer, your daily battles in the trenches probably don’t leave you much time to think about the appellate process. But it’s important to remember that you can only appeal errors committed by the trial court. Preservation of error simply means that you give the trial court an opportunity to correct mistakes as they occur. This article

Sick Leave and the FMLA

Kristen Kraus March 29, 2017

Many people believe it is illegal to terminate an employee who missed work due to illness. While this may be true some of the time, it is not always the case. Only those employees who qualify under the Family and Medical Leave Act (FMLA) have job protection while off due to illness. Eligible employees have up to 12 weeks of

Arizona’s Statutory Rules for Standard of Care Experts

Barry E. Lewin March 21, 2017

Rule 702 provides for the admission of expert opinion testimony if the expert is qualified based upon experience education and training, to give the opinion and the opinion will help the jury resolve an issue in the case. ARS § 12-2604 adds requirements for expert witnesses offering testimony in claims against health care providers. The statute applies to standard of

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