Our Blog - Page 3 of 12 - Boatman Ricci

What is the Value of an Injury?

Posted on January 31, 2024

Ever since Liebeck v. McDonald’s Restaurants entered the public consciousness—the hot coffee case—there has been a notion that personal injury suits are a lottery ticket. In reality, the law and a number of practical considerations combine to exert downward pressure on the compensation a Plaintiff can recover for his or her...

If You Move to Dismiss Part of a Pleading, Do You Respond to the Rest?

Posted on January 24, 2024

Occasionally, I see good lawyers move to dismiss part of a pleading – maybe one or two counts of a five-count complaint or counterclaim – and simultaneously, needlessly, file an answer to the rest of the pleading “in an abundance of caution.” The good news is that, with just a couple of exceptions, you...

What do Prince, Aretha Franklin, and Picasso have in Common?

Posted on January 4, 2024

“The Queen of Soul,” “The Artist Formerly Known as Prince,” and “The Master of Contemporary Art” all have one thing in common. Each artist died without a Last Will and Testament. Why does that matter? In order to adequately protect your assets and provide for your family, an

Understanding Service of Process

Posted on December 6, 2023

After a party files a lawsuit against another individual or company, Florida law requires that the filing party formally notify that individual of the lawsuit. This formal notice is called “service of process.” This requirement is in place to make sure defendants are given an opportunity to appear before the...

Making a Deal With No Intent to Honor – A Special Type of Fraud

Posted on November 29, 2023

When a person enters into an agreement with no intention of honoring the agreement at the time it was made, that is a unique species of fraud that is actionable alongside the related breach of contract claim in Florida. HTP, Ltd. v. Lineas Aereas Costarricenses, S.A., 685 So. 2d 1238, 1239...

Reasonably Ascertainable Creditors – What Does It Mean?

Posted on November 15, 2023

Are you a creditor of an Estate (i.e. do you have a claim against an individual who has passed away)? You may wonder: is there a time limit for you to file a claim against the Estate? Alternatively, if you have been appointed as a Personal Representative of an...

Business Litigation on a Hybrid or Contingent Fee?

Posted on November 8, 2023

Business litigation on the traditional hourly fee model is oftentimes expensive and downright cost-prohibitive for many individuals and small businesses. Mindful of the costs, risks, and potential rewards of business litigation, our firm offers three different fee models to prosecute claims on behalf of a plaintiff, or, occasionally, on behalf of a...

Financial vs. Medical Power of Attorney – Which One Do You Need?

Posted on November 1, 2023

If a person becomes physically or mentally incapacitated [1], that person needs a legal document (i.e. a power of attorney) stating who can act on his or her behalf as it relates to...

How it Works – Florida Sentencing Law

Posted on October 25, 2023

The law regarding sentencing for a criminal conviction will likely (hopefully) remain nothing more than a curiosity for most of us. Nevertheless, it does no harm to understand the workings of a scheme that so profoundly affects the lives of many Floridians. Until around the middle of the 90s, sentencing was...

General Contractors and Workers Compensation Coverage

Posted on October 11, 2023

Florida’s Workers Compensation insurance laws can be onerous and complicated to comply with for small and independent contractors. Generally, a business need only provide workers compensation for a direct employee—which under Section 440.02(18)(a) of the Florida Statutes is defined as: “any person who receives remuneration from an employer...