We are back on the topic of eminent domain. This time we take a look at floating homes and maritime laws. Last Tuesday on January 15th, the U.S. Supreme Court ended the dispute on whether a floating home should be classified as a vessel and subject to maritime laws or whether it should be considered […]
Widerman Malek Law Blog
The Wedding is Called Off. Who Keeps the Engagement Ring?
We all know people who have gotten engaged only to call off their engagement a few months later. Did you ever wonder what happens to the ring? Most of the times the ring is given back to the fiancé once the couple calls it quit. Proper etiquette dictates that if the couple were to call […]
What are the odds a case is going to trial?
Before starting my legal career, I often wondered how many civil cases actually go to trial. I knew the number was small, but how many actually end up in trial. Why is the number so small? Is it just costs? For the ones that do make it to trial, are they mostly bench trials (decided […]
2012 Year In Review for Widerman & Malek
By: Mark R. Malek Another year has come and gone, and we are still here – I guess the Mayans got this one wrong! I am pleased to report that WM has experienced even more growth this year on both the civil litigation side of the firm as well as the intellectual property side of […]
Why Not Shoveling Saves You from Liability Lawsuits
Here is a story from one of our readers that we felt should be shared. Please enjoy. My sister used to work as a claim adjuster for CVS. As a claims adjuster, my sister learned a great deal about liability laws and on occasion would share her knowledge. On one such visit to the family […]
What Eminent Domain Abuse Gets You
How many of you remember the Kelo vs City of New London eminent domain case? I remember it clearly. I was in shock that the work of our founding fathers and one of our own original Bill of Rights could so swiftly be taken away from us. The town of New London used eminent domain […]
What does it take to create a trust?
A trust is an animal with several different heads. In order to create a non-charitable trust, you need several different parts. Section 736.0402, Florida Statutes, lays out the requirements for creating a trust in Florida. Non-charitable trusts require: (1) a settlor with capacity, (2) intent to create a trust, (3) a definite beneficiary, (4) duties […]
Classic Civil Commitment Proceeding: Miracle on 34th Street
The other day I sat down to watch the classic 1947 movie, Miracle on 34th Street starring Natalie Wood, Maureen O’Hara, John Payne, and Edmund Gwenn. For those who haven’t seen this movie, it is an exceptional well acted film. It is just a warm, good hearted movie that leaves you feeling happy after watching […]
Can a Judge Make a Plaintiff Pay for Defendant’s Legal Fees?
In England, there is a law referred to as the “Loser Pays” Rule. The law states that the losing party of a civil litigation case must pay the winning party’s legal fees. The English created this law to deter individuals and corporations from making frivolous claims and wasting the judicial system’s time and also the […]
Substantial Completion: When exactly does it occur?
Substantial Completion When an owner decides to build something, he or she usually decides that he or she wants it completely finished, okay the owner always wants it completely finished. But is the owner guaranteed that? Probably not. Now does that mean a contractor can walk away from a job after placing the concrete building […]
