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Jacksonville Legal Blog

Lawsuit against SeaWorld gains class action status

SeaWorld, which is based in Orlando, has been a popular Florida theme park for many years and now has locations across the nation. However, it is not without controversy. Recently, a lawsuit brought against SeaWorld has received class-action status. The lawsuit claims that SeaWorld misled its shareholders with regard to the effect "Blackfish," a documentary about killer whales in captivity, had on the company.

The lawsuit was initially filed in the Southern District of California three years ago. According to the lawsuit, company executives purposely ignored and denied that "Blackfish" had a negative effect on the company. The documentary covered the death of a trainer and the issue of keeping killer whales captive.

Florida Supreme Court issues ruling on non-compete agreements

Non-compete agreements and other restrictive covenants are a common business practice for many Florida employers. However, a recent Florida Supreme Court ruling could affect how these agreements should be drafted and enforced in the state.

In October, the Florida Supreme Court issued a pivotal decision that could affect all employers that have their workers enter into non-compete agreements. Under Florida law, non-compete agreements, along with other restrictive covenants, needed to be buttressed by a business interest that was deemed to be legitimate. Per Florida statutes, some of these interests include particular assets the business has, a business's relationship with its patrons, trade secrets the business may have and any specialized training the business gives to its workers. Non-competes not buttressed with a legitimate business interest may ultimately be unenforceable.

Florida teen with brain injury leaves hospital due to insurance

We often take our good health for granted, especially when we are young and in the prime of our lives. However, as one recent example shows, even those who are in perfect health could suddenly be robbed of that health in an auto accident.

A 19-year-old teen who suffered a traumatic brain injury after being hit by an automobile while he was out for a walk is heading home to Naples from the hospital, although not under the best of circumstances. He is still in the process of learning how to talk and walk again, but, now, he has been transferred to the care of his parents.

Signs of an oncoming partner dispute (and how to resolve them)

In any partnership – business or personal – there is potential for disputes between parties. In a business relationship, it can have huge financial consequences if it leads to a partner dispute.

There are a number of ways to spot the early signs of a partner dispute. Once you can identify those red flags, you can hopefully address the issue before it turns into a larger problem.

Woman happens upon accident where her own mother was killed

A fatal accident can be just the beginning for the victim's family. Loved ones are consumed with grief and left without companionship. They may also be left without that person's support and income.

Recently, a 44-year-old mother of two was killed in a tragic car accident in Jacksonville. According to news reports, a 70-year-old driver ran a red light and collided with the woman's car. Police said she swerved, apparently in an attempt to avoid the crash, but struck two other vehicles. Two other people were treated for minor injuries.

Legal help is available for business disputes

Being involved in a business dispute can be a challenge for any business owner. When faced with the prospect of needing to make a legal claim related to a business dispute or transaction, or respond to one, it is important for business owners and operators to be familiar with the legal tools available to help them. The legal process is designed to help address and resolve concerns those engaged in a business relationship may have.

When engaged in business litigation, it is important for the parties involved to ensure their interests are protected and trained guidance during the process may help with that. Legal resources and tools can help parties resolve contract disputes or other types of business disputes to help the parties achieve a successful transaction that benefits the parties involved.

Damages available for car accidents

Understanding what types of damages may be available following a car accident or other type of traumatic accident is important for victims and their family members to be aware of. Victims and their family members who have suffered harm because of a car or other type of accident know that they suffer costly medical expenses, lost wages while they are unable to work following the accident and emotional damages that also usually accompany a car accident.

An unexpected car accident can leave victims facing physical, financial and emotional challenges they did not expect to face. A personal injury claim for damages allows victims to recover compensation for the harm they have suffered from the negligent party responsible for causing the accident. Car accident damages victims may be able to recover can include a variety of different types of damages such as medical expenses and, provided they are reasonably certain, future medical care costs as well.

What is wrongful death?

Wrongful death is an important legal protection for families of loved ones wrongfully killed in an accident. A wrongful death claim for damages allows surviving families of loved ones killed by the negligence of another party to bring a claim for the damages they have suffered. Wrongful death claims are brought on behalf of the estate of the lost loved one wrongfully killed for the benefit of surviving family members.

Damages that may be available to surviving family members in a wrongful death claim for damages depend on the circumstances and characteristics of the victim but generally include certain types of damages. Damages that may be available through a wrongful death claim can include compensation for medical expenses, funeral expenses, loss of support and services and lost prospect of inheritance among others that may be possible in certain situations.

Spinal cord injuries in Florida

Spinal cord injuries may result from traumatic damage to your spine that affects the nerve fibers that allow for the body to function.  For example, an injury to the lower back can affect nerves controlling the abdomen, legs, bowel and bladder. A severe neck injury can affect arm and hand movement.  Some spinal cord injuries will result in temporary disability where nerve functions can be regenerated and body movement may eventually be restored (like Peyton Manning’s throwing motion is an example). However, severe injuries may result in permanent paralysis, where movement of extremities cannot be restored.

How spinal cord injuries occur

Florida ride along observes distracted drivers on roadways

This blog recently discussed the important protections available for victims of distracted driving-related accidents and distracted drivers. Unfortunately, texting while driving is not uncommon in parts of Florida and is an increasing problem and concern in Florida and throughout the country. Texting while driving, and distracted driving generally, is dangerous for both drivers and those they share the roadways with.

During a recent ride along with authorities in Florida, drivers were observed engaging in distracted driving behaviors, including one driver who was accessing his cell phone through the steering wheel of his vehicle. Officers were unable to pull the man over because texting while driving is not a primary offense in Florida but is, rather, a secondary offense which means authorities must have some other valid reason to pull the vehicle over to cite them for the distracted driving behavior observed. The fine is $30.

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