DOWN IN THE TRENCHES

RothLawAppeals, Lawsuits

Do you know the difference between general and special damages? One “actually and necessarily” flows from the alleged wrong; the other “might result” from it but not “necessarily.”  If you think that is a fine line, you are right.  Yet the difference is critical.  General damages are implied by the cause of action (breach of contract, negligence, etc.), but special … Read More

HOW THE YEAR ENDED

RothLawAppeals, News

The Florida Supreme Court decides remarkably few civil decisions, and even fewer commercial ones.  Its docket is dominated by review of death-penalty decisions and updating rules of procedure. A few cases were handed down as 2016 came to an end that, while not directly applicable to our area of law, deserve mention in this blog. All About the Kids The … Read More

LOGIC OR EMPATHY?

RothLawAppeals

Artificial Intelligence is one of science-fiction writers’ favorite foils.  A machine or gadget of some form, with infinite knowledge and ability for logic, provides the hero with all the answers, like a Deus Ex Machina in a Roman drama. But would we want such a perfect AI to be a Supreme Court Justice? Not if we follow Justice Holmes’s reasoning.  … Read More

APPLE VS SAMSUNG – IT’S NOT OVER

RothLawAppeals, News

One would think that a U.S. Supreme Court decision puts finality to a legal battle, even one between two giants of the business world.  But that will not be the case this week. The Supreme Court opinion in the ongoing battle Apple and Samsung starts, in essence, with a deceptively simple question – nearly a silly one: what is a … Read More

GUNS, TRUCKS, AND DISNEY

RothLawAppeals

Some of the hot-button issues playing out in this election year also feature on the courts’ dockets.  One such issue is gun control, with cases heard in both state and federal courts. In federal courts, uncertainty is due in part to the fact that when the Supreme Court ruled on two Second-Amendment cases a few years back, it left the door … Read More