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 ones must be plead specifically.

Do arbitrators automatically record and keep a transcript of proceedings they preside over? Another fine question, you might say! But the fact that they do not matters greatly, because without one, there may not be enough information for a court to entertain a challenge to the award.  Indeed, that alone prevented such a challenge in a quarter million dollar dispute last year.

And our regular readers just heard about Registered Agent being served with lawsuits.  But if the agent cannot be found, should service be attempted on other persons? And if so whom? For an LLC, Florida law designates members or managers (depending on the type of LLC) or a designated employee.

All those are things business owners or decision makers should not know.  They have, as it were, bigger fish to fry.  They should do what they do best and that is not fighting lawsuits.  But they better make sure the commercial litigator they employ knows how to fight in the legal trenches.