Brief Explanation: What is a Will. Melbourne Will Attorney Explains
What is a Will? A court will generally recognize a written will and transfer a person’s assets after their death in accordance with the wishes stated in the will. With a will, a person can bypass most of the statutory inheritance rules and choose to whom their assets will go [...]
FLSA unpaid overtime requires payment of Liquidated damages. What about in FLSA Retaliation cases
Below is the brief which proposes that liquidated damages are mandatory in FLSA (Overtime) Retaliation cases. Oral arguments are set for December 2012 before a three-judge panel at the 11th Circuit Court of Appeals. APPELLEES’ STATEMENT REGARDING ORAL ARGUMENT Plaintiffs, Moore, Lungrin, and Evers request oral arguments pursuant to Fed. [...]
What Are The Different Types of Bankruptcy?
There are four general types of bankruptcies provided under the law: Chapter 7 is known as “straight” bankruptcy or “liquidation.” It requires a debtor to give up property which exceeds certain limits called “exemptions”, so the property can be sold to pay creditors. Under a Chapter 7 bankruptcy, all debts [...]
Attorney from law firm Arcadier and Associates, of Melbourne, Florida, discusses landlord-tenant law issue of…
The Simple Eviction Process Florida has a “simple” eviction process that tends to expedite the eviction process if it is followed correctly. In fact, while most State cases require an answer or responsive pleading to be filed at the time of service of the complaint, an eviction, for failure to [...]
What is the new immigration Deferred Action Program
The scope of the new deferred action program. On June 2012, the President of the United States issued an executive order providing temporary legalization for certain immigrants who qualify under certain conditions. Although the deferred action program can help up to 1.7 million immigrants, it is well short of the [...]
Does Res Judicata apply when an flsa claim is filed, and then a retaliation flsa…
FLSA RETALIATION AND RES JUDICATA ISSUE RESOLVED AT 11TH CIRCUIT Brief Filed With 11th Circuit – Disposition is pending. STATEMENT OF THE ISSUES I. THE JUNE 1, 2010 ORDER BY MAGISTRATE JUDGE GREGORY J. KELLY WHICH GRANTED DEFENDANT/APPELLEE’S MOTION FOR SUMMARY JUDGMENT UNDER THE DOCTRINE OF RES JUDICATA. THE ORDER [...]
I was involved in a car accident and the police officer said I was at…
Normally, if the police officer did not witness the accident, then the police report is hearsay and not admissible in generally, it won’t be admissible in Court. Also, in a personal injury case, the Court reviews the accident de novo, meaning that it will not use the determination of a [...]