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For the Public

Silence Is Not Golden: Resale Disclosure Statements and Minnesota Statute 515B

Brenda Sauro July 1, 2016

Seldom are there situations in Minnesota where a prevailing party in litigation can have a debt forgiven, recover attorney fees, court costs and even, potentially, punitive damages. Successful litigants bringing claims under the Minnesota Common Interest Ownership Act, Minn. Stat. §515B (MCIOA) are the rare exception who stand to recover their legal fees and additional damages for claims brought under

How to Spot a Potential Class Action in Your Practice

Frank Bartela June 15, 2016

One of the most common questions we receive from other attorneys is, “How do I spot a potential class action?” Th e answer is much simpler than you think; you just need to know what to look for. In the last issue, we spent some time explaining what a class action is and how it can be used as a

The Castle Doctrine & Jury Instructions: It’s Not Just For Intruders Anymore

Eric Long June 15, 2016

It is generally understood that a person acting in “self-defense” is not criminally liable for injuring – or even killing – their assailant. Unfortunately, the legal requirements for establishing “self-defense” and the specific instructions to be given to the jury are not always clear. This is particularly true in instances where the assailant and the party claiming “self-defense” have an

The Reply Brief: The Appellant’s Opportunity to Have the Last Word

Robin Bresky June 14, 2016

A reply brief is optional in appeals in Florida courts. However, a reply brief provides the appellant an important opportunity to refute the appellee’s answer brief and get the last word in the written argument. Some appellate judges deem the reply brief informative enough to read it first, before reviewing the appellant’s initial brief and the appellee’s answer brief. The

New Issues in a Rehearing Motion – The Unfortunate Entrenchment of Trinchitella

Amanda Lundergan June 14, 2016

One of the oddities of trial practice in a county overseen by the Fourth District is the requirement that the attorney be sufficiently prescient to raise issues at trial or summary judgment that do not yet exist. This seemingly impossible feat appears to be required by the Fourth District case of Trinchitella v. D.R.F., Inc., 584 So.2d 35 (Fla. 4th

Possible Naturalization for Deported Veterans

Alan Diamante June 11, 2016

While statistics are not readily available, it is conceivable that hundreds, if not thousands, of U.S. veterans have been deported for having committed a criminal offense. This is particularly devastating for veterans that need their earned benefits and treatment for post-traumatic stress disorder and other injuries resulting from combat. Pursuant to a memorandum by the U.S. Immigration and Customs Enforcement

Often Overlooked But Increasingly Adjudicated: Discriminatory Pre-Employment Testing, Selection Criteria and Advertising Leads to Litigation

Stephen Danz June 11, 2016

So far this year we’ve witnessed an inglorious trend of pre-employment discrimination. Examples of this unlawful pre-hiring include strength-based tests, advertising with preferences for younger workers, unlawful recruitment practices slanted toward a specific group, pre-employment inquiries about an individual’s disability and requests for photographs prior to the interview. California courts routinely evaluate pre-hiring practices by analyzing whether the policies and

Family Business Disputes

Michael Duncan June 3, 2016

“All happy families resemble each other, but that each unhappy family is unhappy in its own way.” – Leo Tolstoy, “Anna Karenina” In my 20-plus years as a business litigator and trial attorney, I have handled many complex and hotly contested business disputes. As a family law attorney, I have helped clients through emotionally- charged proceedings in divorce and time-sharing

A Myth: Cover Songs Are Copyright Fair Use

Z. Peter Sawicki and James L. Young June 3, 2016

Collectively, we mourn the tragic passing of one of the greatest musicians/performers of our time and one of the greatest guitarists of all time. Prince’s songs, especially “Purple Rain,” have been and continue to be performed endlessly by others. Cover songs are easily found on websites, such as YouTube. Are there copyright issues in such postings? An Example Your client

Often Overlooked But Increasingly Adjudicated: Discriminatory Pre-Employment Testing, Selection Criteria and Advertising Leads to Litigation

Stephen Danz June 11, 2016

Family Business Disputes

Michael Duncan June 3, 2016

A Myth: Cover Songs Are Copyright Fair Use

Z. Peter Sawicki and James L. Young June 3, 2016

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