Category Archives: Appellate Practice

Appellate practice fronted by appeals attorneys with over 26 years of experience handling appeals at state and federal courts.

Is Lyft Going To Make Its Drivers Sign Forced Arbitration Clauses?

The case over whether or not Lyft drivers are employees or independent contractors has come to an end. So what was the ruling? There was none… Is Lyft Going To Make Its Drivers Sign Forced Arbitration? The case between Lyft and its drivers was settled for $12.25 million. Many legal experts had anticipated that a verdict on the massive class action suit would shake the foundations of the “sharing economy.” It would have forced Lyft to treat its drivers as employees, and offer them benefits—which the company doesn’t have to do if the drivers are classified as independent contractors. However, this settlement has done little to answer the employment questions that have left many other companies hanging on the edge of their seats. Uber is currently embroiled in a similar lawsuit with 240,000 of its drivers. Currently the company—which is like Lyft’s sibling rival—is appealing a court decision that nullifies…
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Posted in Appellate Practice, Class Action | Tagged | Leave a comment

Do Red Light Cameras Cause Accidents?

In recent years, cities all across Florida have installed red light cameras and have removed them just as quickly. The subject has been a controversy as much as it has been regarded as a safety improvement, and has left many people wondering if red light cameras cause accidents or prevent them. How Do Red Light Cameras Cause Accidents? Coming up on an intersection guarded by red light cameras can surprise many drivers. They sometimes slam on their brakes, which causes trailing vehicles to collide with the car in front of them. This is why red light cameras can almost double rear-end crashes at intersections, though they may prevent an accident from happening in the middle of the intersection. Do Red Light Cameras Cause Other Problems? Cities also often give the companies that are contracted to install and maintain these cameras the right to issue citations. This issue has been taken…
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Posted in Appellate Practice, Motor Vehicle Accidents | Tagged | Leave a comment

Can Cruise Lines Be Sued for Medical Malpractice?

Falls are the leading cause of both fatal and nonfatal injuries among older adults, according to the Centers for Disease Control and Prevention (CDC). Recently, the US Court of Appeals for the Eleventh Circuit ruled that cruise ship companies can be sued for medical malpractice, which reversed a 1988 decision. According to Daily Report, the incident that led to the appeal involved a woman who sued Royal Caribbean Cruises after her father died because of a fall on one of Royal Caribbean’s ships in 2011. The woman claimed in her suit that her father fell and hit his head boarding a trolley near the dock where Royal Caribbean’s Explorer of the Seas was docked in Bermuda. After being examined by the cruise ship’s nurse, the man was sent back to his cabin, where his condition worsened, leading his family to take him back to the ship’s infirmary. During his second…
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Posted in Appellate Practice, Cruise Ship Accidents | Leave a comment

How Did the Supreme Court Rule on BP’s Oil Spill Settlement Appeal?

After waging a two-year battle over the interpretation of the settlement in the BP oil spill case, the US Supreme Court rejected BP’s appeal. The Times-Picayune reports that since the settlement was not overturned, businesses affected by the 2010 oil spill do not need to prove direct harm to claim damages. BP had been arguing that the terms of the settlement did not allow for compensation for businesses that were only indirectly hurt by the oil spill. With the Supreme Court affirming lower court rulings, the BP oil spill settlement, which was initially estimated to be $7.8 billion, could now end up being $9.7 billion or more. Suffering Because of the BP Oil Spill? Colson Hicks Eidson was a part of the Plaintiff Steering Committee (PSC) that was formed following the Deepwater Horizon oilrig explosion in April 2010 that led to the BP oil spill. The PSC was crucial in securing…
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Posted in Appellate Practice, Class Action | Leave a comment

Yamaha Appeals Jury’s Finding on Defective WaveRunner

Last June 2011, a  Palm Beach County Florida jury found the Yamaha Motor Corporation, USA mostly responsible for a 2005 personal watercraft accident that killed a 14-year-old girl, Jaysell Perez and left her friend, Samantha Archer  with permanent injuries. Within five months, Yamaha filed an anticipated request for a new trial which was denied by presiding Judge David Crow.   An October 4, 2011 formal appeal of the lower courts ruling filed by Yamaha counsel with the 4th DCA in Palm Beach is still ongoing. According to a report at tradeonlytoday.com, its WaveRunner watercraft had a known steering defect, which Yamaha failed to remedy. The jury found Yamaha was mainly at fault in the fatal accident, with 1 percent blame falling on the victim and the man who let the girls take his WaveRunner out on the water. The jury found the victim’s mother 10 percent responsible for taking the girls to the party and giving them permission…
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Posted in Appellate Practice, Personal Injury | Leave a comment