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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 after their death. For a will to be…
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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. R. App. P. 34 and…
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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 are eliminated and it permits…
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Attorney from law firm Arcadier and Associates, of Melbourne, Florida, discusses landlord-tenant law issue of self-help eviction.
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 pay rent, can be accomplished…
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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 policies enunciated in the proposed…
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Does Res Judicata apply when an flsa claim is filed, and then a retaliation flsa claim is filed independent of the original claim
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 FAILS TO OBSERVE THAT PLAINTIFFS/APPELLANTS’…
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I was involved in a car accident and the police officer said I was at fault, but I was not. What can I do
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 police officer as to who…
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El futuro de las visas de loteria
Esta en Peligro la Loteria de Visas? El Programa de Visas de Diversidad para los inmigrantes se conoce comunmente como la loteria de visas. Este Programa fue creado por el Congreso para diversificar la procedencia de los inmigrantes y premiar a los solicitantes de visas de aquellos paises que emigran poco a los Estados Unidos….
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As a Plaintiff, What Are Benefits of a Jury?
Our system of jurisprudence originated with their fundamental right for a trial by jury. In other words, our system of justice was intended to be governed by the will of our peers; to have fate and wrongdoing be determined by a pool of society rather than a single authoritarian power. When an individual or an entity…
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