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Florida Healthcare Law Firm is your trusted medical business attorney in Florida, offering comprehensive legal services to healthcare providers. Our expert attorneys specialize in regulatory compliance, business formation, contracts, mergers and acquisitions, and risk management, ensuring your medical practice operates smoothly and legally.
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Erin Reed at Erin In The Morning:
In an interview with ABC News on Sunday, JD Vance claimed that Minnesota Governor and Harris VP running mate Tim Walz signed a bill allowing the state to kidnap a transgender child if their parents did not approve of their transition. However, the bill Vance referenced actually provides refuge for transgender youth and their parents fleeing unsafe states where their care is criminalized. The legislation contains no provision allowing the state to “kidnap” children when their parents do not support their gender transition. These claims arise from an intentional misinterpretation of a provision that specifically applies to custody disputes between parents in different states. In the interview, Vance sat down with "This Week" co-anchor Jonathan Karl, who pushed back against the claims:
[Karl: “[Trump] said that Tim Walz signed a letter letting the state kidnap children to change their gender, allowing pedophiles to be exempt from crimes… this is not true, this is not remotely true.” Vance: “What President Trump said, Jon, is that Tim Walz has supported taking children from their parents if the parents don't consent to gender reassignment, that is crazy…Tim Walz gets on his high horse about ‘mind your own damn business.’ One way of minding your own damn business, Jon, is to not try to take my children away from me.” Karl: “He has not signed a law allowing the state to kidnap children to change their sexual identity.” Vance: “What I just explained to you I would describe as kidnapping.” Karl: “That’s crazy, come on.”]
The claim that HF 146, also known as the “Trans Refuge Law,” would allow the state to kidnap children stems from a deliberately misleading interpretation of the bill. Terry Schilling, president of the American Principles Project and director of millions of dollars in anti-transgender ads targeting Democrats, pointed to a section of the bill stating that the state can take jurisdiction if a child is “present in the state” and has been unable to obtain gender-affirming healthcare. Deliberate misinterpretations of this clause is the primary source of false claims about the Minnesota law.
What Vance, Schilling, and others fail to mention is that the provision in question applies to Section 518D of Minnesota law, known as the Uniform Child Custody Jurisdiction and Enforcement Act. This act, adopted by most states in the U.S., addresses disputes between divorced parents when one parent lives in or moves to a different state, or when multiple states have competing claims to jurisdiction over custody cases. The specific provision highlighted by Schilling and referred to by Trump and Vance states that the state can take “temporary emergency jurisdiction.” This does not equate to taking custody of the child; rather, it allows a judge to hear a case in a custody dispute where one parent resides in a state that criminalizes trans care and the other in a state where such care is legal. Notably, it does not even tell the judge who should be awarded custody, it merely allows a court in Minnesota to hear such a custody dispute.
[...] Most importantly, the claim that Walz supports the state “kidnapping children” from their parents to “trans” them is absolutely false. Walz signed a bill making the state a refuge for transgender people fleeing states that criminalize their care. The bill not only responds to states like Texas and Florida, which have indeed threatened to remove transgender kids from supportive parents, but also to cases where attorneys general attempted to subpoena medical records across state lines, such as when Attorney General Ken Paxton sought medical records from Seattle Children’s Hospital; a similar law protected transgender youth who received care there. Similar protections have also since been extended to abortion patients and providers, who face nearly identical issues.
Appearing on ABC’s This Week on Sunday, JD Vance (R) baselessly claimed that Minnesota Gov. Tim Walz (D) signed a bill (HF146) that allow the state to “kidnap children”. The bill in question deals with custody disputes and trans safe refuge.
Interviewer Jonathan Karl called out Vance’s bogus lie with this: “He has not signed a law allowing the state to kidnap children to change their sexual identity.”
From the 08.11.2024 edition of ABC's This Week:
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#J.D. Vance#Jonathan Karl#ABC News#ABC#This Week#Tim Walz#Transgender Safe Refuge#Transgender#Gender Affirming Healthcare#Minnesota HF146#Terry Schilling#Donald Trump#Custody Disputes
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What the DOJ’s decision to end private prisons means for Florida - The New Tropic
the Department of Justice announced that it would stop contracting with private prison companies because it found that they were significantly lacking in resources, less safe, and less cost effective than their government-run counterparts
When a prison is privately contracted, it’s completely operated by a private company — that means everything from staffing to services like daily meals and medical care is taken care of by that company. Private prisons get paid per inmate, so the more prisoners, and the more beds in their building, the more money they make.
The private prison industry really took off in the 1980s, when the government was seeking cheaper solutions for managing the country’s packed prisons.
In the Justice Department’s memo about ending the use of private prisons, Deputy Attorney General Sally Yates wrote that the federal prison population had increased by 800 percent from 1980 to 2013. “Private prisons served an important role during a difficult period, but time has shown that they compare poorly to our own Bureau facilities,” the memo reads.
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This was a pretty big deal, nationally. But it doesn’t mean much for Florida, which has the 10th highest rate of incarcerations nationwide.
Of the 103 federal prisons controlled by the Department of Justice, 13 are run by private companies. None of them are in Florida, though. The federal prisons in Florida are already publicly run and all the rest, whether public or private, are run by the state.
In sum: The US has federal prisons and state prisons. The DOJ decision only applies to federal prisons, so it won’t bring any changes to Florida. But it could start to change the conversation on the value and effectiveness of private prisons around the country.
At the federal level:
There are 211,000 inmates in US federal prisons, 22,104 of them in private prisons. These are the ones affected by the DOJ announcement.
Lots of people are putting pressure on the Department of Homeland Security to stop using private prisons for immigration detention facilities, too. There are 33,000 inmates in Immigration Detention Facilities, with nine of the 10 largest operated by private companies.
Two of the largest private prison companies, Florida-based GEO Group (who donates a bunch of cash to Sen. Marco Rubio) and the Corrections Corporation of America, get a big portion of their business.
Florida has nine immigrant detention centers, including the the Krome Detention Center in Miami-Dade. (In Florida, Krome is operated by Akal Security. The Broward Transitional Center is operated by GEO Group. These will continue to be privately operated.)
At the state level:
In Florida, the Department of Corrections oversees adult prisons. The Department of Juvenile Justice oversees prisons for inmates under the age of 18.
There are 56 state prisons, and seven are private. There are roughly 100,873 inmates, and more than 11,000 in private facilities. We’re not going to see anything change there because of this announcement.
All of 21 of Florida’s Juvenile Detention Centers are privately run. There are 1,306 beds in total. In FY 2009-10, 25,008 inmates went through the 21 centers. These also aren’t changing.
(There are also 67 county jails, which house inmates while they’re on trial or incarcerated a short amount of time aka less than one year.)
What decides whether you get put in a federal prison or a state prison?
Federal prisons house inmates who violate federal laws. State prisons house inmates who violate state laws.
If you commit a crime in one state, it’s a state crime. If you commit a crime across different states, it’s a federal crime. For example, a drug deal only in Florida is a state crime but multiple drug deals across Florida, Georgia, and New York is a federal crime. Also crimes that are against federal institutions are federal crimes — like IRS violations or mail fraud.
The Department of Justice will start phasing out their contracts with private prisons, hoping to cut the number of inmates in private prisons in half by May 2017. But state prisons and immigration detention centers are still business as usual.
“The DOJ announcement doesn’t have any direct effect in Florida, but it sends a powerful message that decision makers in Florida should pay attention to,” according to Adam Tebrugge, Staff Attorney for the American Civil Liberties Union of Florida.
#What the DOJ’s decision to end private prisons means for Florida#florida#private prisons#federal ban on private prisons
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Disney wants wrongful death suit thrown out because widower bought an Epcot ticket and had Disney+
By Jordan Valinsky, CNN
3 minute read
Updated 8:09 PM EDT, Wed August 14, 2024
"A man suing Walt Disney Parks and Resorts for the wrongful death of his wife is facing a new legal hurdle: Disney is trying to get it thrown out of court and sent to arbitration — because he signed up for Disney+ years earlier.
Court documents show that the company is trying to get the $50,000 lawsuit tossed because the plaintiff, Jeffrey Piccolo, signed up for a one-month trial of the streaming service Disney+ in 2019, which requires trial users to arbitrate all disputes with the company.
Company lawyers also claim that because Piccolo used the Walt Disney Parks’ website to buy Epcot Center tickets, Disney is shielded from a lawsuit from the estate of Piccolo’s deceased wife, Kanokporn Tangsuan, who died of a reaction to severe food allergies.
In a legal filing responding to Disney’s claims, Piccolo’s lawyer Brian Denney called Disney’s argument “preposterous” and said that the notion that signing up for a Disney+ free trial would bar a customer’s right to a jury trial “with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience.”
Walt Disney Parks and Resort is “explicitly seeking to bar its 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury even if the case facts have nothing to with Disney+,” Denney wrote in court papers as a response.
Piccolo is seeking damages in excess of $50,000 pursuant to Florida’s Wrongful Death Act, as well as damages for mental pain and suffering, loss of companionship and protection, loss of income and medical and funeral expenses.
“We are deeply saddened by the family’s loss and understand their grief,” a Disney spokesperson said Wednesday. “Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.”
In October 2023, Kanokporn Tangsuan, her husband Jeffrey Piccolo and Piccolo’s mother dined at Raglan Road Irish Pub in Disney Springs, which is part of the Walt Disney World resort in Florida. They chose to eat at the restaurant, the lawsuit states, because they believed it would have proper safeguards against serving dairy and nuts to Tangsuan due to her allergies.
Signing up for Disney+ should shield the company from court trials, Disney said.
Signing up for Disney+ should shield the company from court trials, Disney said. Gabby Jones/Bloomberg/Getty Images/File
The waiter guaranteed the couple that certain foods could be made allergen-free, which the two confirmed “several more times,” according to the lawsuit. She also ordered a vegan fritter, scallops, onion rings and a vegan shepherd’s pie.
Although some of the food delivered lacked allergen-free flags, the waiter again assured them it was allergen free, but after dinner, Tangsuan, 42, went shopping in the Disney Springs area and began “suffering from a severe acute allergic reaction,” according to the lawsuit.
Despite self-administering an Epi-Pen, Tangsuan died from “anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit said, attributing the information to a medical examiner’s investigation."
— CNN’s Ramishah Maruf and Maria Sole Campinoti contributed to this report.
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Video: Former Abercrombie & Fitch CEO Mike Jeffries and Two Other Men Arrested in Federal Sex Trafficking Investigation
On Tuesday, former Abercrombie & Fitch CEO Mike Jeffries, his romantic partner Matthew Smith, and associate James Jacobson were arrested on federal sex trafficking charges related to an alleged international operation that ran from 2008 to 2015.Federal prosecutors in Brooklyn charged the three men with one count of sex trafficking and fifteen counts of interstate prostitution. The arrests followed a criminal investigation by the FBI and federal prosecutors into allegations that the defendants operated an international sex trafficking and prostitution enterprise.According to the unsealed federal indictment, the defendants allegedly orchestrated elaborate events across multiple countries, including the United States, England, France, Italy, Morocco, and St. Barts. The operation reportedly involved recruiting young men with promises of modeling opportunities for Abercrombie & Fitch. https://twitter.com/NBCNewYork/status/1848773351637950748 Prosecutors allege that Jacobson served as a recruiter, requiring potential victims to undergo "tryouts" with him before being introduced to Mike Jeffries and Matthew Smith. The indictment details that the events included the provision of drugs, sexual paraphernalia, and various substances, including muscle relaxants and erectile dysfunction medications that allegedly caused painful reactions lasting hours. https://twitter.com/antipsyopclub/status/1848758083130208626 The criminal charges follow a series of civil lawsuits, including one filed by David Bradberry, a reality show star from "Below Deck." Bradberry's lawsuit accused the defendants of luring attractive young men under the pretense of modeling opportunities before forcing them into sexual acts.A BBC investigation cited in recent court filings suggested that "Jeffries and Smith sexually exploited what is believed to be over 100 men during Abercrombie events they hosted around the world." The investigation prompted Abercrombie & Fitch to launch an independent investigation last year. Mike Jeffries, 80, was arrested in West Palm Beach, Florida, where he and Smith are scheduled for their first court appearance. Meanwhile, Jacobson will appear in federal court in Madison, Wisconsin, for his initial hearing. Eventually, all three defendants will be arraigned in the U.S. District Court for the Eastern District of New York.Brian Bieber, Jeffries' attorney, stated to ABC News that they would "respond in detail to the allegations after the Indictment is unsealed, and when appropriate, but plan to do so in the courthouse – not the media."Brad Edwards of Edwards Henderson, representing plaintiffs in the civil case, commented that "this was an Abercrombie run, sex trafficking organization that permeated throughout the company and allowed the three individuals arrested today to victimize dozens and dozens of young, aspiring male models."The arrests come as Abercrombie & Fitch, under current CEO Fran Horowitz, has been experiencing a substantial growth in business, with company shares up nearly 80% this year. Read the full article
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Florida Healthcare Law Firm offers comprehensive legal services for healthcare startups, providing expert guidance to help new businesses navigate the complex healthcare landscape. Our experienced attorneys assist with business formation, regulatory compliance, contracts, and funding strategies, ensuring your startup is legally sound and positioned for growth in the competitive healthcare industry.
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Jill Filipovic at Substack:
When the US Supreme Court issued its ruling in Dobbs v. Jackson Women’s Health and overturned Roe v. Wade, there was a lot of talk, mostly from “compassionate conservative” abortion opponents, about what was next. It would be necessary, these abortion opponents argued, for the pro-life movement and perhaps even the Republican Party to finally turn its focus to actually helping women and babies. The country would be remade into one reflecting a broader “culture of life.” We were going to get a bipartisan pro-family agenda. Abortion wouldn’t just become illegal; the nation would be so welcoming to pregnant women that abortion would simply be unthinkable. None of that has happened.
What the Anti-Abortion Movement Has Done
In the two-plus years since Roe’s demise, the anti-abortion movement and the Republican Party have been busy. They have outlawed nearly all abortions in 18 states, banned many abortions in several more, and penned and proposed abortion bans in more still. They have spent vast sums litigating abortion bans. Several Republican attorneys general used their positions to support a case conceived by anti-abortion groups and helmed by anti-abortion doctors that sought to ban mifepristone, an abortion-inducing drug; even after those abortion opponents lost in the Supreme Court, the attorneys general of Idaho, Kansas and Missouri are pushing on, using tax dollars and state resources to ban mifepristone not just in their own states, but for all American women. In Indiana, Attorney General Todd Rokita just dropped his lawsuit against a doctor who performed an entirely legal abortion for a ten-year-old rape victim — the doctor spoke about the procedure in general terms that did not identify the patient, the anti-abortion movement accused her of lying (she wasn’t), much of the media also cast doubt on her story, and when it turned out her story was true, Rokita sued her for allegedly violating patient privacy. This all happened in 2022; the meritless case was only dropped this summer.
Since 2022, more than 100 pregnant women have been turned away from emergency rooms despite being in medical distress, according to an AP investigation. At least four women whose pregnancies were ectopic were denied care, despite the dangerous emergency nature of ectopic pregnancies. Two of those women were in Texas, where abortion is banned, and one lost her fallopian tube and part of her fertility as a result of the care she was denied — after nearly dying because her tube ruptured. The standard of care for ectopic pregnancies, which are very dangerous and can never turn into healthy pregnancies, is to offer the pregnant woman a shot of a drug that will safely dissolve the pregnancy and preserve her fertility. But this does not fit with the anti-abortion claim that a fertilized egg is a “person” imbued with a full set of rights. And while abortion opponents claim that ectopic pregnancy treatment should be allowed even under restrictive abortion bans, one wonders exactly how that might work — and doctors clearly fear being prosecuted, because the language of these bans is so divorced from medical reality.
In Florida, a woman who was 15 weeks pregnant while the state had a ban in place went to the ER because she was leaking fluid, where doctors found that she was miscarrying and there was no amniotic fluid surrounding her fetus — meaning the pregnancy would not survive. They nevertheless sent her home without treatment. She miscarried in a public bathroom, and was so ill she had to be put on a ventilator and hospitalized for nearly a week.
In the months and now years after Roe, hospitals and other health centers have also been turning away pregnant women in violation of EMTALA, a federal law that requires emergency centers to treat any patient who walks through their doors regardless of their ability to pay; if they don’t have the capacity to treat the patient, they must stabilize them before transferring them. But EMTALA has also been a lightning rod for abortion opponents. After Roe fell, the Biden administration issued a directive basically saying that EMTALA applied to pregnant patients and, as federal law, superseded abortion bans — so even if a state banned abortion, it still had to treat women who came into ERs in acute life- or health-threatening medical distress. The anti-abortion movement does not want to do this; they argue that a fetus and a pregnant woman should be treated as equals, so even if a pregnancy is doomed and is threatening a woman’s physical health, a doctor cannot perform an abortion if there is still a fetal heartbeat.
Jill Filipovic wrote a piece on Substack about what the “pro-life” (or anti-abortion) movement really care about: not doing a darn thing productive for women.
#Abortion#Anti Abortion Extremism#Abortion Bans#Roe v. Wade#Dobbs v. Jackson Women's Health Organization#Mifepristone#IVF#Reproductive Health#Ectopic Pregnancy#EMTALA#Jill Filipovic
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Contact person name:
Chris Barnard
Address:
129 Teal St, Port Orange, FL 32127, United States
Phone number:
+1 904-325-9877
Business Email:
Website:
Description:
Welcome to Florida Commercial Building Inspectors, your trusted partner in ensuring the integrity of commercial properties. With a decade of dedicated experience, we take pride in offering comprehensive commercial building inspection and property condition assessment services.
Service Areas: Our reach extends far and wide, covering Jacksonville, Orlando/Winter Park, Melbourne, St Augustine, Daytona Beach, and surrounding areas. Wherever you are in Central Florida, we've got you covered!
Main Services: At Florida Commercial Building Inspections, we specialize in full commercial building inspections and property condition assessments. But that's not all—we go above and beyond with additional services like lease inspections, balcony inspections, and thermography inspections.
Certified Excellence: Our inspectors are certified by NACBI, the National Association of Commercial Building Inspectors and Thermography Inspectors. Rest assured, your property is in the hands of professionals committed to upholding the highest standards in the industry.
Who We Serve: Our main clientele includes buyers of commercial real estate, commercial real estate agents, real estate attorneys, commercial lenders, commercial real estate investors, landlords, and tenants of commercial real estate.
Building Diversity: Whether it's office centers, medical plazas, restaurants, retail stores, churches, or apartment buildings, we've got the expertise to assess and provide valuable insights into the condition of diverse commercial properties.
Choosing Florida Commercial Building Inspections means choosing thoroughness, reliability, and a decade of proven excellence. Let us be your eyes when it comes to commercial property - because your peace of mind is our top priority!
Services:
Commercial building inspections (primary), Property condition assessments (PCAs) (primary), Lease inspections or NNN lease inspections, Property maintenance inspections, Balcony inspections, Phase I environmental site assessments (ESA), Phase II environmental site assessments (ESA)
Employee count - 1-5
Year Established - 2013
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https://www.linkedin.com/company/fcbinspectors/
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Three Primary Goals of an Estate Planning Attorney in Miami
Estate planning in Miami entails sophisticated legal techniques for protecting, managing, and eventually transferring an individual's assets most efficiently and desirably possible. To attain these goals, an estate planning attorney must navigate the complexities of Florida law. Here's a more thorough look at the three main aims these experts strive for:
1. Ensuring Legal Control and Preventing Court Involvement
A primary goal of estate planning lawyers is to guarantee that their clients maintain autonomy over their financial and medical decisions, free from needless judicial involvement. This is frequently achieved by creating intricate legal papers like trusts, wills, durable powers of attorney, and advanced healthcare directives.
Wills and Trusts: Wills and trusts are vital legal documents that outline a client's desires for the distribution of their inheritance upon death. In addition to ensuring that assets are dispersed by the client's desires rather than by default under state law, a well-drafted will or trust can avoid expensive and time-consuming probate processes.
Durable Power of Attorney: A durable power of attorney eliminates the need for guardianship granted by a court by allowing a person to name a trustworthy person to handle their financial affairs in the event of incapacitation.
Advanced Healthcare Directives: These guarantee the respect of a patient's medical choices, including those regarding life-extending procedures, without the need for judicial involvement.
2. Asset Protection and Minimizing Exposure to Liabilities
In Miami, where lawsuit risk may be high and consequences for estate value can be severe, asset protection is a major worry for many. Attorneys employ several techniques to shield client assets from debtors, litigation, and disproportionate taxation:
Types of Trusts: Irrevocable trusts, for example, can be used to remove assets from the client’s taxable estate, potentially shielding them from estate taxes and creditor claims. Such trusts are not alterable once established, meaning the assets placed within them are no longer considered the personal property of the trust's grantor.
Homestead Exemptions: In Florida, the principal house is frequently shielded from the majority of post-death creditor claims; nonetheless, careful planning is necessary to guarantee that these safeguards are completely implemented.
Family Limited Partnerships (FLPs): By putting commercial holdings into a partnership managed by family members, they can be utilized to lower inheritance taxes and shield assets from creditors.
3. Strategic Distribution of Assets
Efficient and strategic distribution of assets is perhaps the most recognized role of an estate planning attorney. This involves not just deciding 'who gets what,' but also planning the means of distribution to reduce taxes, avoid probate, and sometimes, continue a family business or legacy:
Tax Planning: Estate planning attorneys work to minimize the income, gift, estate, and generation-skipping transfer taxes associated with inheritance. Tools like the aforementioned trusts, charitable donations, and carefully structured transfers can significantly reduce tax liabilities.
Avoiding Probate: By creating and funding trusts, attorneys can help clients avoid the probate process, which can be public, costly, and time-consuming. Probate avoidance is particularly appealing because it maintains privacy and reduces the time beneficiaries wait to receive their inheritance.
Special Needs Planning: Attorneys often set up special needs trusts to ensure that beneficiaries who receive government benefits do not lose eligibility due to an inheritance. These trusts provide for the extra and supplemental needs of the beneficiary, above what the government provides, without disqualifying them from benefits.
Through these detailed strategies, estate planning attorneys in Miami ensure that clients achieve their personal and financial goals, securing their legacy and providing peace of mind regarding their future and that of their loved ones. This process is comprehensive and tailored to each individual’s unique situation, illustrating the essential nature of professional legal guidance in estate planning.
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Bluegreen Vacations Files Civil Action Against Timeshare Lawyers, Exposing Deceptive Tactics
Bluegreen Vacations seeks justice and equitable relief in a legal battle against Timeshare Lawyers and other defendants, shedding light on deceptive practices within the timeshare industry.
In the world of timeshare ownership, legal disputes are common. Bluegreen Vacations has filed a civil action against Timeshare Lawyers and other defendants, shedding light on alleged deceptive tactics. This blog post explores the case's intricacies, deceptive practices, court rulings, and the pursuit of equitable relief.
Bluegreen Vacations believes that their consumers' rights were violated. Consumer rights refer to the legal protections and entitlements granted to individuals who purchase goods or services as consumers. These rights are designed to ensure fair and ethical treatment of consumers by businesses and organizations.
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False Advertising, Tortious Interference, and Civil Conspiracy
Bluegreen, a renowned company in the hospitality industry, has recently brought forth a legal case against the defendants. The accusations listed are false advertising, tortious interference with contracts, civil conspiracy, and violation of Florida's Deceptive and Unfair Trade Practices Act. These allegations represent serious breaches of ethical conduct, affecting not only Bluegreen but also numerous customers who have been impacted by the defendants' actions.
To fully comprehend the gravity of the situation, it is important to delve into each accusation. False advertising is a deceptive practice that misleads potential customers, leading them to make decisions based on false pretenses. Such behavior undermines the trust and integrity that customers place in businesses and can have severe repercussions for a company's reputation and bottom line.
Tortious interference with contracts involves intentionally disrupting contractual relationships between parties, causing financial harm to one or both parties involved. In the case of Bluegreen, this interference is likely to have caused significant disruptions in their business operations, affecting their ability to fulfill their contractual obligations.
The accusation of civil conspiracy suggests that the defendants conspired together to engage in unlawful activities, specifically targeting Bluegreen and its customers. This concerted effort to harm the company's interests is a grave matter that warrants legal intervention.
In addition to these accusations, Bluegreen has also alleged a violation of Florida's Deceptive and Unfair Trade Practices Act. This legislation is in place to protect consumers from unfair business practices, ensuring that they are provided with accurate information and are not subjected to deceptive tactics.
Court's Ruling and the Quest for Equitable Relief
Trial lawyers play a vital role in the legal system, especially when it comes to complex and high-stakes cases like the one mentioned above. In this particular instance, the court denied the defendants' motion for summary judgment, indicating the seriousness of the allegations involved. This decision highlights the importance of having skilled trial lawyers who can effectively argue a case and present compelling evidence.
Being a trial lawyer requires not only a deep understanding of the law but also excellent communication and presentation skills. They must possess expert knowledge in their practice area or areas, such as personal injury law, medical malpractice, or civil rights. These attorneys often specialize in specific areas to provide the best possible representation for their clients.
In the case mentioned, Bluegreen's motion for partial summary judgment was granted, allowing them to pursue equitable relief to protect their customers. This move showcases the strategic thinking and problem-solving abilities of trial lawyers. They are not only adept at navigating the complexities of the legal system but also skilled in devising effective legal strategies to achieve their client's objectives.
Trial lawyers often belong to prestigious organizations such as the American College of Trial Lawyers or the American Association for Justice. These affiliations attest to their commitment to excellence and their dedication to upholding the principles of justice.
In addition to courtroom litigation, trial lawyers also excel at negotiating settlements and resolving disputes outside of court. They work closely with their clients, building a strong attorney-client relationship based on trust and understanding. By providing sound legal advice, trial lawyers can guide their clients through the complexities of the civil justice system.
It's worth noting that trial lawyers are not limited to representing plaintiffs. They can also advocate for defendants in criminal defense cases or commercial disputes. Their expertise extends to various practice areas, allowing them to handle a wide range of legal matters.
To stay at the top of their game, trial lawyers continuously enhance their trial skills through ongoing professional development. They attend seminars, workshops, and upcoming events that focus on trial techniques and litigation strategies. By honing their craft, trial lawyers ensure that they are always well-prepared to fight for justice on behalf of their clients.
Parties Involved: Unveiling Deceptive Tactics
The primary adversaries are Bluegreen and Timeshare Lawyers, with the Marketing Defendants accused of engaging in deceptive practices aimed at timeshare owners. Bluegreen, a renowned timeshare company, is defending its practices and reputation against the allegations. Timeshare Lawyers, a respected legal team, is dedicated to protecting the rights of timeshare owners and believes that Bluegreen and the Marketing Defendants intentionally misled and exploited individuals.
This trial highlights the need for consumer protection within the timeshare industry and will have far-reaching implications. The trial lawyers involved will showcase their expertise in pursuit of justice for the victims impacted by these deceptive marketing practices.
Pandora Marketing employed deceptive methods and collaborations to convince owners to breach their contracts, making false promises along the way. Testimonies from affected owners provide additional support for these claims. The Marketing Defendants intentionally misled owners about credit protection, even altering their claims to "credit management" to avoid legal consequences.
Pandora Marketing utilized deceptive tactics, including scripts and working alongside a credit repair service, to deceive owners into believing in a misleading "constructive exit." Owners who followed Pandora Marketing's advice experienced contract breaches and damage to their credit, contrary to the promises made.
Lawyer Defendants further compounded the deception by directing owners towards fraudulent legal services to expedite their timeshare exits. As a result, Bluegreen faced significant revenue losses, carrying costs, and an inability to sell inventory due to the defendants' rampant contract breaches. The Marketing Defendants violated the Lanham Act through false advertising, causing harm to Bluegreen.
In assessing damages, the court considers equitable principles and holds the defendants accountable for their deliberate misconduct, ensuring a fair outcome.
Bluegreen successfully establishes claims of tortious interference with contracts and civil conspiracy against the defendants, solidifying their deceptive practices. The defendants' acts and practices clearly violate Florida's Deceptive and Unfair Trade Practices Act. To address the ongoing deception and protect timeshare owners, Bluegreen seeks injunctive relief as a necessary legal recourse.
This legal battle brings to light the prevalence of deceptive practices, breached contracts, and false promises within the timeshare industry. Bluegreen takes a stand for consumer rights, highlighting the urgent need for transparency and consumer protection.
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Navigating Personal Injury Cases with South Florida Personal Injury Lawyers
When you’ve suffered an injury due to someone else’s negligence, finding the right legal representation can make all the difference. South Florida personal injury attorneys are well-equipped to help you navigate the complexities of personal injury law and secure the compensation you deserve. This article explores the role of personal injury lawyers in South Florida and offers tips on finding the best legal assistance for your case.
Understanding Personal Injury in South Florida
Personal injury South Florida encompasses a wide range of cases, including car accidents, slip and falls, medical malpractice, and more. The region’s bustling cities and busy roads mean that accidents are unfortunately common. Having a skilled attorney who understands the local legal landscape is crucial for navigating these cases effectively.
Why You Need a South Florida Personal Injury Attorney
Hiring a South Florida personal injury attorney is essential for several reasons:
Expertise: These attorneys specialize in personal injury cases and are familiar with the specific laws and regulations in South Florida.
Negotiation Skills: Experienced attorneys have honed their negotiation skills to ensure you receive the maximum compensation possible.
Support and Resources: A reputable attorney will have a team and resources to handle your case efficiently, including access to medical experts and investigators.
Finding the Best South Florida Personal Injury Lawyers
When searching for the right legal representation, consider the following tips to find the best South Florida personal injury lawyers:
Experience and Specialization: Look for lawyers who specialize in personal injury law and have a proven track record of successful cases in South Florida.
Client Reviews and Testimonials: Research online reviews and client testimonials to gauge the reputation and reliability of potential lawyers.
Free Consultations: Many personal injury attorneys in South Florida offer free initial consultations. Use this opportunity to discuss your case and determine if the attorney is a good fit for you.
Local Knowledge: Choose an attorney who is familiar with the South Florida legal landscape, as this can provide a significant advantage in your case.
The Role of Personal Injury Lawyers in South Florida
Personal injury lawyers in South Florida play a crucial role in ensuring that victims receive fair compensation for their injuries. They handle all aspects of the legal process, from gathering evidence and filing paperwork to negotiating settlements and representing you in court. Their goal is to alleviate the burden of legal proceedings so you can focus on your recovery.
Benefits of Hiring Personal Injury Attorneys in South Florida
Working with personal injury attorneys South Florida offers several benefits:
Local Expertise: Attorneys who are well-versed in South Florida’s laws and regulations can provide more effective representation.
Comprehensive Support: A dedicated attorney will manage all legal aspects of your case, providing you with the support you need during a challenging time.
Maximized Compensation: Experienced attorneys will work tirelessly to ensure you receive the maximum compensation for your injuries, covering medical bills, lost wages, and other related expenses.
If you’ve been injured due to someone else’s negligence, seeking the help of a South Florida personal injury attorney is crucial. South Florida personal injury lawyers have the expertise, resources, and local knowledge to navigate the complexities of your case and secure the compensation you deserve. By choosing experienced and reputable personal injury lawyers in South Florida, you can focus on your recovery while they handle the legal challenges on your behalf.
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Bankruptcy: Providing Relief from Overwhelming Debt in Jacksonville
In the bustling city of Jacksonville, financial challenges can arise unexpectedly, leaving individuals and businesses grappling with overwhelming debt burdens. Amidst such circumstances, understanding the role of bankruptcy becomes crucial in providing relief and paving the way toward financial recovery. At Higginbotham Bankruptcy Law Firm, we specialize in navigating clients through the complexities of bankruptcy law, offering tailored solutions to help alleviate financial stress and secure a brighter financial future.
Exploring Bankruptcy Options
When faced with mounting debt and financial hardship, exploring bankruptcy options can offer a lifeline for individuals and businesses alike. Bankruptcy is a legal process designed to help debtors manage or eliminate debt, providing a structured framework for debt resolution while offering protection from creditor actions. Within Jacksonville's dynamic economic landscape, knowing how bankruptcy can serve as a viable solution is paramount.
Chapter 7 Bankruptcy: Liquidation and Debt Discharge
One of the primary avenues for individuals seeking relief from overwhelming debt is Chapter 7 bankruptcy. Also known as liquidation bankruptcy, Chapter 7 involves the sale of non-exempt assets to repay creditors, followed by the discharge of remaining eligible debts. For individuals in Jacksonville struggling with unmanageable debt loads and limited income, Chapter 7 can provide a fresh start by wiping out qualifying debts such as credit card balances, medical bills, and personal loans.
Chapter 13 Bankruptcy: Repayment Plans and Debt Restructuring
For those with a regular income but facing foreclosure, wage garnishment, or other financial challenges, Chapter 13 bankruptcy offers an alternative path toward debt relief. Through Chapter 13, individuals can create a court-approved repayment plan spanning three to five years, allowing them to catch up on missed mortgage payments, car loans, and other secured debts while potentially reducing unsecured debt amounts. In Jacksonville, Chapter 13 serves as a strategic tool for debt restructuring and regaining financial stability.
Bankruptcy and Foreclosure Defense in Jacksonville
In a region where homeownership is a significant aspect of financial stability, the intersection of bankruptcy and foreclosure defense holds immense relevance. Many individuals facing foreclosure due to job loss, medical emergencies, or other unforeseen circumstances can benefit from the protective measures afforded by bankruptcy law. By filing for bankruptcy, homeowners in Jacksonville can halt foreclosure proceedings through an automatic stay, providing valuable time to explore alternatives such as loan modifications or short sales.
Navigating Bankruptcy Law with Higginbotham Bankruptcy Law Firm
At Higginbotham Bankruptcy Law Firm, we recognize that each client's financial situation is unique, requiring personalized strategies and diligent advocacy. Our team of experienced bankruptcy attorneys in Jacksonville is committed to guiding clients through every step of the bankruptcy process, from initial consultations to case resolution. We prioritize clear communication, legal expertise, and compassionate support, ensuring that clients feel empowered and informed throughout their journey towards debt relief.
Bankruptcy: A Path to Financial Renewal
In the realm of financial challenges, bankruptcy often emerges as a beacon of hope, offering individuals and businesses the opportunity to reset their financial trajectory. For residents of Jacksonville grappling with overwhelming debt, bankruptcy serves as more than just a legal process—it represents a chance for renewal and a fresh start. At Higginbotham Bankruptcy Law Firm, we believe in the transformative power of bankruptcy, guiding our clients toward brighter financial horizons with expertise, empathy, and unwavering dedication.
Understanding Bankruptcy's Impact on Credit and Assets
One of the common concerns individuals have about filing for bankruptcy is its impact on credit scores and assets. While bankruptcy does have implications on credit reports and asset liquidation, its long-term benefits often outweigh these concerns. In Jacksonville, our bankruptcy attorneys work closely with clients to assess the potential consequences of bankruptcy, offering insights into credit-rebuilding strategies and asset protection measures to minimize adverse effects.
Debunking Bankruptcy Myths and Misconceptions
Navigating the complexities of bankruptcy can be daunting, compounded by myths and misconceptions that abound in public discourse. At Higginbotham Bankruptcy Law Firm, we strive to debunk common bankruptcy myths and provide clients in Jacksonville with accurate, reliable information. From dispelling fears of losing all possessions to explaining the nuances of bankruptcy exemptions, our goal is to ensure that clients make informed decisions based on facts rather than misconceptions.
Bankruptcy as a Legal Tool for Debt Relief and Protection
Beyond its immediate impact on debt discharge and creditor actions, bankruptcy offers valuable legal protections that can safeguard individuals and businesses from further financial turmoil. The automatic stay, for instance, halts collection efforts, creditor harassment, and foreclosure proceedings, granting breathing room for debtors to regroup and strategize. In Jacksonville's competitive economic landscape, understanding these legal protections is essential for leveraging bankruptcy effectively.
The Role of Legal Expertise in Bankruptcy Proceedings
Navigating the intricacies of bankruptcy law requires a deep understanding of legal statutes, court procedures, and case precedents. At Higginbotham Bankruptcy Law Firm, our attorneys bring years of specialized experience in bankruptcy law to the table, ensuring that our clients receive comprehensive legal representation. From conducting thorough financial analyses to advocating for favorable outcomes in bankruptcy court, our team is committed to securing the best possible results for our clients in Jacksonville.
Conclusion: Partnering for Financial Success
In conclusion, the role of bankruptcy in providing relief from overwhelming debt in Jacksonville extends far beyond legal processes—it embodies a journey of financial renewal and empowerment. At Higginbotham Bankruptcy Law Firm, we stand as trusted partners in this journey, offering expertise, compassion, and unwavering advocacy to help our clients reclaim their financial freedom. Whether facing Chapter 7 liquidation, Chapter 13 reorganization, or foreclosure defense challenges, we are dedicated to navigating the complexities of bankruptcy law with integrity and diligence. Together, we can turn the tide on financial hardship and pave the way for a brighter, debt-free future.
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ESTEFANO ISAIAS SR. AND JR. AND THEIR FETAL TISSUE COMPANIES SUFFER LEGAL SETBACKS
A father, son and their two Yorba Linda companies suffered some recent setbacks in Orange County Superior Court, where they are fighting charges of illegally selling hundreds of fetal tissue products for profit and treating human parts as commodities.
A judge on Friday overruled an attempt by defendants Estefano Isaías Sr. and Estefano Isaías Jr. to be dismissed from the case filed against them by the Orange County District Attorney’s office.
The OCDA in October filed a complaint that alleges DaVinci Biosciences and DV Biologics have engaged in unfair, unlawful and fraudulent business practices. The action seeks to stop the Isaías’ companies from selling fetal tissue and cells, make them pay restitution to those harmed (to be determined at trial) and to pay any other civil penalties a court imposes, District Attorney Tony Rackauckas previously announced at a press conference.
The DA insisted at the time that the case is not about abortion but businesses and their owners allegedly breaking the law.
The judge ruled against a demurrer or written response to the OCDA complaint that claimed the allegations against the Isaíases were ambiguous and too unspecific to substantiate legal action against them as individuals.
The complaint alleges the California Franchise Tax Board forfeited DV Biologics and DaVinci Biosciences’ powers, rights, and privileges in November 2014 and July 2015, respectively, due to failure to pay the required taxes and fees to transact business in the state.
David Daleiden, founder of the Irvine-based anti-abortion group Center of Medical Progress, created controversial undercover videos that connected DaVinci Biosciences, DV Biologics and Planned Parenthood of Orange and San Bernardino Counties in March 2016. At the press conference that following October, Rackauckas said there was no evidence to support Daleiden’s claim that the companies exchanged money with Planned Parenthood or that Planned Parenthood did anything unlawful.
State and federal law prevents selling or profiting off of bodily tissues, but in 2009 DaVinci Biosciences started selling products derived from the cells and tissues they were collecting, processing, storing and using for research purposes, and DV Biologics began marketing the revenue-generating services, according to the DA’s complaint.
The two companies advertised prices: as low as $40 a vial for the “total RNA” [ribonucleic acid] cells from several fetal tissue sources to as high as $1,100 a vial for specific cells derived from fetal brain tissue; from $300 to $375 a vial for fetal lung derived products; $300-$450 a vial for fetal kidney derived products; $500-$700 a vial for fetal heart derived products; and $250-$700 a vial for fetal liver derived products, the OCDA alleges.
Between 2009 and 2011, the companies nearly tripled sales revenues and by the end of 2011 they unlawfully sold fetal-derived tissues and cells harvested in the U.S. to Japan, China, Singapore, Korea, Germany, Switzerland, Spain, Australia, Netherlands, Canada and the United Kingdom, according to the complaint, which adds that by 2012, they had more than 500 products in their inventory that they valued at more than $4.4 million.
The Orange County case against the two companies became a presidential campaign issue when political conservatives and anti-abortion activists connected the Isaías family to Hillary Clinton, who is, of course, a staunch supporter of a woman’s right to choose. Various members of the family—which is based mostly in Miami, Florida, but originally hails from Ecuador—have lavished Clinton with hundreds of thousands of dollars in campaign contributions.
Before the Democrat’s stunning defeat in November, the Clinton foes pointed to a 2014 New York Times story that reported while she was Secretary of State, her State Department requested lifting a ban on Luis Isaías’ sister Estefanía entering the country. She had been barred from coming to the U.S. after being caught fraudulently obtaining visas for her maids.
Roberto Isaías, Luis and Estefania’s father, and their uncle William are fugitives from justice in their home country, whose government blames them for the collapse of their bank Filanbanco, which had for many years been the country’s leading banking institution. It collapsed after it was nationalized in 2001, something the government blames on the Isaíases and vice versa.
While in the U.S., the family has diversified into real estate, bioscience and telecommunications. Having owned television networks in Ecuador (that the government also eventually took over), Isaíases now own Miami-based Wreal LLC, which counts among its companies Fyre TV. In 2009, then-CEO Estefano Isaías Jr. envisioned Fyre TV would become “the Netflix of porn.” Can a title about being screwed by a prosecutor be far behind?
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Florida Healthcare Law Firm offers specialized legal services for healthcare providers and businesses in Delray Beach. Our expert healthcare business transactions attorneys ensure your transactions are handled with precision and compliance. We provide full-spectrum representation, aligning our deep industry experience with your business goals.
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[ad_1] An “inherent battle” exists for attorneys and property managers representing residential associations. The boards at owners and condominium associations throughout the state rent skilled providers corporations to symbolize total communities. However some house owners and residents really feel that the legal professionals and property administration corporations cross the road and as a substitute serve particular person board members' pursuits, Lidia Dinkova experiences in The Actual Deals newest situation. As a result of lots of these contracts present for a flat price with additional expenses relying on the providers, attorneys and property managers profit from being requested to ship threatening letters or by submitting lawsuits towards unit and owners. “The extra providers supplied, the extra charges concerned,” legal professional William Sklar mentioned. I feel anybody dwelling in South Florida has heard of conditions or lived in communities the place this occurs — whether or not it's based mostly on warranted habits (breaking affiliation guidelines) or not. Take into consideration that HOA board member who's obsessive about monitoring customer parking, illegally towing automobiles or issuing fines for allegedly leaving your trash can out too lengthy, failing to mow the garden on time, and so forth. Past these smaller points, although, are conditions like one the place an affiliation's legal professional filed a lawsuit on behalf of a former board member towards a resident who raised the alarm about potential board misspending. Lawsuits over the large fraud on the Hammocks, one of many largest associations within the state, additionally took intention at ex-HOA attorneys. “The administration firm and the attorneys are afraid that they're going to get fired ought to they not fully have the backs of the board members, even when they're participating in wrongdoing,” mentioned legal professional Eric Glazer. A scarcity of state oversight has contributed to the issue. “The statute itself creates loads of incentives for attorneys and associations to work collectively towards residents,” Lawyer James Bishop mentioned. What we're fascinated with: Will Malaysian agency Pacific & Orient promote its partially accomplished condominium tower in North Bay Village to a different developer energetic within the space, like Andy Ansin, Harry Macklowe or Jorge Pérez? Ship me a notice at [email protected]. CLOSING TIME Residential: Alex Pirez's Mocca Acquisitions LLC bought the 13,000-square-foot, seven-bedroom mansion at 4940 Hammock Lake Drive in Coral Gables for a non-waterfront space file of $21 million. The customer is a land belief. Business: New York College paid $33 million for a medical workplace improvement web site in downtown West Palm Seashore, the place it plans to maneuver its Langone Well being to the property at 324 Datura Road. Morning Calm Administration bought the 0.6-acre web site. —Analysis by Adam Farence NEW TO THE MARKET 1040 South Ocean Boulevard (Studio 910) An ocean-to-Intracoastal compound in Manalapan hit the marketplace for $79 million, about 4 years after it was asking lower than half that quantity ($35 million). The two-acre property, at 1040 South Ocean Boulevard, contains 200 toes of oceanfront, and a dock and boat elevate on the Intracoastal Waterway. Maura Ann Christu with Island Realty PB has the itemizing. A factor we have realized Billionaire hedge fund supervisor Ken Griffin opposes casinos. In a letter to the editor printed within the Miami Herald final week, Griffin wrote that “measurable analysis proves” that casinos result in playing habit, increased crime charges and drops in property values. Developer Jeffrey Soffer has lengthy pursued laws that may enable him to run a on line casino on the Fontainebleau resort in Miami Seashore, together with a push this legislative session. Elsewhere in Florida The Florida Home handed a invoice that can enable 16- and 17-year-olds
to work longer and later hours (greater than 30 hours every week when they're in class, and greater than eight-hour shifts). Opponents say it might open the door for the exploitation of kid labor and make it tougher for these youngsters to do effectively in class, AP experiences. Orlando Sentinel journalists, designers and manufacturing employees staged a walkout, becoming a member of union members throughout seven newsrooms in a strike towards the paper's proprietor, Alden International Capital, Orlando Weekly experiences. Former TRD Miami reporter Amanda Rabines, now a breaking information reporter for the Sentinel, was a part of the strike and mentioned having a sturdy newsroom is “a necessary a part of democracy.” The workers protested Alden's refusal to pay truthful wages, risk to rescind its 401(okay) match, and failure to confront pay disparities. A decide on a federal appeals courtroom in Atlanta mentioned Florida's regulation proscribing Chinese language funding in actual property “blatantly violates” protections towards discrimination. The panel of judges granted an injunction for 2 of the plaintiffs suing above the regulation, in keeping with Political. [ad_2] Supply hyperlink
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Trucking Accident Claims In Tampa
In the busy city of Tampa car accident claims are becoming more and more common than ever before – something that almost wasn’t a thing in decades past. And unfortunately it isn’t just normal, fender benders that are becoming common. Seeing as Florida, and Tampa are big hubs for commercial and large scale manufacturing shipping from Florida to the rest of the world.there has been an influx in everything from trucking accident claims in Tampa bike accident claims, and even rare motorcycle accident claims. At Durham Law Group, our experienced attorneys have a proven track record of representing clients injured due to car accident negligence. We gather evidence, negotiate with insurance companies, and strive to secure compensation for medical expenses, property damage, and pain and suffering.
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