Miami Beware: Carbon Monoxide Poisoning Leading Cause of Poisoning Deaths According to New CDC Study

This week, the U.S. Centers for Disease Control and Prevention (CDC) issued its report on deaths by poison in this country, and it has been confirmed that carbon monoxide poisoning is the leading cause of unintentional poisoning deaths in the United States.

Hundreds of people die each year from inhaling carbon monoxide without knowing it. Thousands must be hospitalized after breathing these toxic fumes. The CDC numbers are not from exposures that are intended (e.g., suicide attempts or homicides). These are accidents, unintentional breathing of carbon monoxide.

What is carbon monoxide?

Carbon monoxide kills humans and other animals that breath it in. It is a poisonous, toxic gas that is especially dangerous because it is colorless, odorless, and tasteless.

There is no way to know if it is present in a room unless technology helps with a CO monitor.

What are the symptoms of Carbon Monoxide (CO) poisoning?

If you have inhaled toxic carbon monoxide fumes then you may first experience some or all of the following:

• headaches
• nausea
• light headedness/dizzyness
• flu-like symptoms (aches, pains, congestion)

Left in the presence of CO, you can lose consciousness and eventually die.

Miami, Do You Need to Worry About This? Yes, You Do.

Carbon Monoxide poisoning does not sound like something that the sunny beach communities of South Florida need to be concerned with, right? Isn't this something that happens to people living in snowy winters trying to stay warm with open ovens or faulty space heaters?

It's true that colder climates do see more heater accidents and CO poisonings due to heating needs, but that doesn't make Miami immune. Florida does get cold in the winter.

And tragic deaths from CO poisoning do happen here. Remember the teenagers, partying in a local hotel room who died from car exhaust fumes that entered the room where they slept?

Be careful, Miami -- educate yourself about CO poisoning at the CDC Information page.

By Bryant Esquenazi on August 9, 2011 12:51 PM

Miami Beach: Get Ready Now for Hurricane Damage, Tropical Storm Emily Headed Our Way: What to Do After the Storm Hits

In a prior post, we discussed what to do in preparation for a hurricane - something that we all expect to happen in our lives sooner or later, here in South Florida.

Today, the Miami Herald is reporting that Tropical Storm Emily is increasing in power, and will be a hurricane soon. Emily is tracking a course that may bring her to landfall here ... or very close to South Florida.

What Should You Do After the Hurricane Hits?

Hopefully, Emily won't be as powerful or as devastating as storms of the past but we can expect some Floridians to have serious property damage in even the mildest of hurricanes.

So, assuming that you and your loved ones are safe and secure while a hurricane lambasts your Florida home, what should you do when you return to find your home, car, boat, truck, etc. damaged by the winds and rain?

• First, since you have prepared in advance, you will have an insurance policy that covers this sort of thing. You'll gather all the information that you can about that policy (a copy is best; even the name of the agent or company may have to suffice).
• Second, you can contact the insurance company yourself about filing your claim. Many do. However, it may be wise to contact an injury lawyer first, who can go over the legalese with you regarding coverage as well as help in the negotiations with the insurance company.
• It may also be smart to get estimates, etc. from contractors if you can, to give you an idea about your damages before you start dealing with the insurer. Time is a factor in filing your claim, too, so be prudent here.
• Third, remember that you will be entering into negotiations with an adjuster who has suddenly been given a huge caseload because his region has been hit by a hurricane. Money in settlement will be a big concern for the company big wigs who will want to keep the overall cost of this storm to their company at a minimum. These companies spend lots of time and money worrying about the outlay of a future hurricane - and they will be monitoring their own bottom line after the storm hits.

Negotiations can include not only the value of the damage and reimbursement for a lost asset, it can also involve an argument on whether or not something is legally covered by the policy. Your insurance company is not on the same side of the table as you are: if there is a lawsuit, you will be plaintiff and the company, the defendant. Your insurance agent's interests are not that of a best friend helping you through a crisis, no matter how they look in the TV commercials.

Emily may hit Miami Beach, or she may not. Maybe no hurricane will hit Florida this year. However, it's better to be safe that sorry -- so get ready now for the big storm, and if we are hit, then call a lawyer if you need help with your insurance claim.

By Bryant Esquenazi on August 2, 2011 3:53 PM

Miami, Be Careful: Kids Are Dying In Cars From Heat Exposure - Feds Call Meeting on Increasing Danger

This week, the National Highway Traffic Safety Administration (NHTSA) invited car makers, safety advocates,and consumer interest groups to meet in a precedent-setting "round table" discussion about how to combat the growing danger of kids under the age of 14 dying in cars from heat exposure, aka "hyperthermia."

Feds Are Worried About Number of Kids Dying From Heat in Cars

In 2011, 21 children have died so far from heat-related deaths and that number is expected to almost double during this fluke heat wave that is hitting parts of the country that isn't used to 90-100 degree temperatures. NHTSA is reporting that hyperthermia kills more kids 14 years old and under in cars than anything other than major car wrecks.

Miami, it's dangerous to leave kids in cars - even when the thermostat reads as low as 70 degrees

According to the research, even a mild day with temperatures as low as 70 degrees outside can still mean a child can die from heat exposure if they are left in a car setting in the sun. Floridians understand this: the sun beating down on a metal car can heat that interior quickly; here in Miami, we know to leave the windows open just a bit, for example, or risk returning to the car and finding the windshield or a door window cracked from the heat.

What are the symptoms of heat exposure? A child or adult suffering from a body temperature that is too high (104 degrees or higher) may experience the following:

• dizziness
• disorientation
• agitation
• confusion
• sluggishness
• seizure
• hot dry skin that is flushed but not sweaty
• loss of consciousness
• rapid heart beat
• hallucinations.

NHTSA is meeting with experts in this area to brainstorm ways to increase public awareness and to save kids from preventable injuries and death from heat exposure.

Please spread the word on this very real danger - and don't leave your kids in the car.

By Bryant Esquenazi on July 28, 2011 1:51 PM

Hot Cars are Death Traps: Babies Left in Cars Will Die From Heat - Miami's Dominicue Andrews Tragedy One More Example

Every year, babies die from heat stroke after being left in a hot car. And while the Miami Dade medical examiner has not released findings yet, it appears that the tragic death of little Dominicue Andrews, 22 months old, may be added to those statistics.

Dominicue Andrews was pronounced dead earlier this week after he was discovered near a van parked outside his daycare, the Jomiba Learning Center. His parents have announced that they will be suing the daycare facility.

This is a national problem. And, responsible personal injury attorneys applaud the efforts to educate the public and to help busy parents in eradicating this modern-day dilemma - no one wants to hear of a baby dying, and no one wants any parent to have to deal with the aftermath of this situation.

According to one study, a baby dies from heatstroke after being left in a hot car EVERY TEN DAYS in this country. There are even more instances of near-death accidents, where babies are found before heatstroke has caused them to perish in the hot sealed environment of a motor vehicle.

How does this happen?

• Sometimes the parent forgets that the child is in the backseat, drives to work, and leaves the child in the car for the entire workday;
• Sometimes caretakers forget a little one is in the hot car and cannot exit the vehicle on his/her own;
• Sometimes the child manages to get inside the car through an unlocked door or open window and then cannot get back out of the vehicle.

Efforts to Stop These Kinds of Infant Deaths

Several efforts have been undertaken across the country to fight against these horrific deaths. There have been media campaigns designed to make everyone aware of the dangers of babies left in cars -- not only to help parents but to encourage all of us to check the cars in the parking garage or mall parking lot for babies in the backseat.

NASA developed the "Child Presence Sensor" - a mechanism that alerts parents when babies are in the vehicle.

And, personal injury wrongful death lawsuits have been filed - as it's suggested will happen in the Dominicue Andrews case - to pursue justice in infant heatstroke deaths. There are those that argue these cases are just for money but that's not true.

Wrongful death litigation serves society by not only focusing upon circumstances that need to be changed, but (though "punitive damages") providing an example to an industry that better consumer safety protections are just and right to implement.

By suing one day care, for example, maybe the lives of babies in the future will be saved because caregivers across the country will institute car checks, vehicle monitors, or other safety checks to insure that toddlers are not inside a hot vehicle during their watch. (If only to avoid being sued themselves.)

Our sincerest condolences to the family of Dominicue Andrews and all others who have lost little loved ones in this sort of tragic way.

By Bryant Esquenazi on July 14, 2011 1:48 PM

Sports Injuries Can Be Serious, Even Deadly: Jury Awards $10 Million in Wrongful Death of Florida College Football Player UCF's Ereck Plancher

Last week, an Orlando Jury Awarded $10 Million to the Parents of a College Freshman Who Died During Football Practice at the University of Central Florida

Ereck Plancher was only 19 years old when he died during a football practice (he was a wide receiver) at the University of Central Florida and last week, the jury came back with a $10 million verdict in the wrongful death personal injury lawsuit filed by Mr. and Mrs. Plancher against the University of Central Florida Athletics Association. The jury, however, did not award any punitive damages.

It has been reported that the jurors did not award any punitive damages because there was insufficient evidence that the school's football coach withheld water from Plancher as well as keeping team trainers from the boy after he had collapsed in an off-season workout designed to build the players up before the actual football season begins.

The National Center for Sports Safety keeps statistics on American kids who are injured or killed during sporting events every year, and according to their site (sourcing to Safe Kids USA):

• Over 3,500,000 kids aged 14-18 are injured while playing sports each year with injuries that are serious enough to need professional medical treatment
• Almost a fourth (21%) of all traumatic brain injuries suffered by kids in the United States each year are the result of sport injuries
• Sixty-two percent (62%) of injuries sustained during organized sports happen during practices and not the official games, even though 33% of parents don't take practices as seriously as games and don't take the same safety precautions for practice.

The Orlando Sentinel reports that in the past decade, 19 college football players have died while participating in offseason conditioning drills.

Of course, the University will appeal the Plancher verdict, and it may be years before the family actually sees any money from this case. And if you find this cruel and heartless, you are not alone: CBS News Commentator Gregg Doyel has spoken for many when he has labeled the University, where the young man died under their watchful eye, shameless.

Lessons for Parents of Kids Playing School Sports From the Ereck Plancher Lawsuit

For parents in Florida and across the country, it's time to take heed of the jury verdict in the Ereck Plancher lawsuit and recognize that kids need protection during practices as well as games at any school sporting event. This doesn't just apply to football, and it doesn't just apply to college-level competition.

However, it's also important to recognize this country's organized sporting industry and the importance of sports to school districts as well as colleges and universities. There's money to be made, and profits to be protected.

Which means that if a child is tragically injured or killed when he or she is practicing a sport or playing a game, then the parents may have a long, hard fight to get justice: they, too, may face a "shameful" appeal.

It's always shocking when deep pocket defendants try and avoid responsibility for their actions because of monetary concerns, but it's especially true when children have been the victims. Something that personal injury lawyers, unfortunately, see happen all too often in this country today.

By Bryant Esquenazi on July 12, 2011 11:23 AM

Class Action Lawsuits Can Be Only Hope for Some Injury Victims, Now U.S. Supreme Court Slams Door on Easy Access to These Kinds of Shared Group Lawsuits, Congress Investigating

Class action lawsuits will be harder to pursue in the future, because the United States Supreme Court has issued two rulings making it much more difficult for plaintiffs to group together into one, big lawsuit and pursue justice against evildoing defendants.

This is not good news for injury victims and their families in Florida or elsewhere in the United States.

Think Erin Brockovich without the ability to get all those folk together into one big lawsuit - the real Pacific Gas & Electric (PG&E) class action made the basis of that Julia Roberts movie may be the most well-known class action lawsuit among Floridians today.

Class action lawsuits allow a number of injured plaintiffs to group together into one big, fat lawsuit (the group is called a "class") and pool their efforts in pursuing justice. Usually, these class action lawsuits are against huge, rich, powerful corporations, like auto makers or drug manufacturers.

The two cases are Wal-Mart v. Dukes and AT&T v. Concepcion and many people are arguing that this is all politics -- that the conservative majority on the High Court have made life easier for Big Pharma and other big corporate defendants in the future.

Congress is Investigating What the Supreme Court Has Done to Average Joe Plaintiffs

In fact, Senate Judiciary Committee chairman Patrick Leahy (D-Vt.) has already begun investigating the impact of these rulings with a hearing on June 29, 2011, where the SJC began gathering witness testimony and evidence on these two cases and how their negative impact on class action lawsuits is really barring access of citizens to the courts to address and right bad behavior by huge, powerful corporations.

The Legislative Branch does have the ability to pass laws that could bring protections back to American Plaintiffs that have been hurt by these two opinions. Hopefully, justice will prevail -- but for now, the Supreme Court has curtailed the ability of plaintiffs to sue as a group, and this is good news only for big business defendants.

By Bryant Esquenazi on July 7, 2011 1:48 PM

Casey Anthony Opening Statements Today - Florida Example of How Trials Really Work, B4 You Get There

Casey Anthony's trial began today and in her attorney's opening statement, revelations were given to us all about how her daughter Caylee Anthony died, including allegations that her father George Anthony was involved in covering-up the drowning death of the toddler.

It's being called the biggest trial since O.J. Simpson and most of the news media, national and local, is covering this story. Nancy Grace has her show dedicated to this trial nightly.

You can watch the live feed of the Casey Anthony trial here.

True enough, this is a criminal trial. Personal injury cases have civil trials. Civil procedure and criminal procedure is different.

What Personal Injury Claimants and Plaintiffs Can Learn By Watching the Casey Anthony Trial

Nevertheless, anyone considering filing a personal injury case can learn a lot by watching this trial about what it means to be a plaintiff in a courtroom, fighting for justice when they or a loved one has been seriously injured or suffered a wrongful death.

In a Florida civil trial, just like a Florida criminal trial like the Casey Anthony trial going on now in Orlando, you will have the following:

The Judge
Sitting in robes above the rest of the participants, and able to see everything that's going on, the judge has the job of making sure that proper trial procedure is followed and that the law is followed: when necessary, the judge will make decisions on points of law.

The Jury
Civil plaintiffs must ask for a jury (and pay a jury fee); in criminal cases, they are mandatory unless the defendant waives the jury (and then the judge decides the case). In major cases, there are 12 jurors. In cases with smaller amounts in controversy, there may be less than twelve.

The judge decides what is legally admitted as evidence. The jury decides the facts based on the law given to them (in jury instructions) and the jury makes the final decision (verdict).

The Parties

In a personal injury case, the one who files the suit is the "plaintiff," and the one who is sued is the "defendant." The defendant learns of the lawsuit in pre-suit negotiations, usually; however, some defendants first learn of the lawsuit when they are served with notice of the complaint being filed.

The Evidence

Witnesses give testimony on the stand or via deposition. Witnesses also "prove up" documents that serve as evidence. This can take days or weeks.

The Record

A court reporter is responsible for keeping track of all that happens in the trial: recording all the words spoken and all the exhibits entered as evidence. The record will be the transcript of what the witnesses said in words and the documents that were admitted into evidence. This is what the appellate court reviews if an appeal is filed: the record that the court reporter has accumulated, sealed, and sent to the appeals court.

The Trial
Jury is selected

1. A panel of potential jurors is pulled from the jury room and they are brought to the courtroom. Attorneys for both sides question them, and the judge will sometimes ask questions, too. The goal is to get 12 unbiased people to serve on the jury, along with a couple of alternates.

2. Opening Statements

Lead attorneys for both sides make opening statements. Here, the lawyers give the jury an outline of what they will prove in the evidence. The Plaintiff's attorney gets to speak first at trial, before the defendant's attorney summarizes their defense.

3. Evidence is Given By Both Sides

Witnesses are called. The lawyer that calls the witness asks questions in "direct examination" and the opposition asks his/hers in "cross examination." Documents are presented as evidence as witnesses testify, unless the parties have argued documentary evidence already with the judge in a pre-trial motion.

4. Case Closes

After both sides are finished (they "rest"), then the attorneys give "closing arguments" to the jury.  Each side analyzes the evidence that has been presented during the trial, and argues how it fulfills his position. The Plaintiff will have the chance to rebut the defense's closing argument (and in a criminal case, the prosecution will offer a rebuttal)
5 Jury Decides

After the closing arguments, the judge will instruct the jury - and they will get written instructions that relate what the judge has said. They jury will then be escorted to the jury room to meet and decide. In some cases, they will be sequestered, and forced to stay in hotel rooms and away from their personal lives until they've reached a verdict.

6. Verdict is Issued

Once the jury decides, then the attorneys are contacted and everyone is asked to return to the courthouse to hear the verdict read to them.

By Bryant Esquenazi on May 24, 2011 1:38 PM

Vanessa Hudgens Fights Release of Nude Photos - When Criminal Law and Personal Injury Tort Law Overlap

Vanessa Hudgens is mad and taking action regarding the unauthorized release of some old nude photographs taken of her years back. Seems that someone has sent out photos of Vanessa Hudgens sans clothing without her okay and now, several websites have posted the photos on their websites.

What Vanessa Hudgens Has Done About This So Far: State and Federal Criminal Investigations

Vanessa Hudgens obviously believes she has been, and continues to be, harmed by this. She's gone to local police.

Today, there are news reports that Vanessa Hudgens is also talking with the Federal Bureau of Investigation about the leaked nude pix.

Which means that Vanessa Hudgens has opened the door to both state and federal criminal laws and statutes applying to her situation. Law enforcement authorities for both the state where the crime allegedly occured (presumably California according to the news reports) as well as for the federal government will be actively involved in determining what has happened here.

If state or federal laws have been violated, then the person believed to have violated these laws will be arrested, charged, and if convicted, forced to pay monetary fines and/or serve jail time.

None of which provides justice to Vanessa Hudgens for the harm that she may have experienced because of these bad acts.

What Vanessa Hudgens Can Do In the Future: Personal Injury Civil Suit.

Crime victims often suffer severe personal injury as a result of the criminal acts committed against them. Sometimes these are physical injuries. Sometimes they are emotional ones. In many cases, they are economic harms.

Here, Vanessa Hudgens may argue that she has been detrimentally impacted by the release of these photos in a permanent way insofar as her professional career.

With her background as a Disney star, release of compromising nude photos may be argued to have injured her career-wise. The criminal investigations and prosecutions will do nothing to rectify that injustice.

Personal injury lawsuits, based on any number of torts, are often filed by victims of crime in order to obtain personal justice for the sufferings the victims have indured. Civil cases can proceed at the same time as criminal cases do, and in civil cases the burden of proof will be lessen stringent than the prosecutor will have to meet.

Personal injury evidence must prove the plaintiff's case by a "preponderance of the evidence" standard, which basically means "more likely than not." It is more likely than not that the defendant's actions harmed the plaintiff in the amount of X dollars.

In criminal matters, the state attorney must meet the "beyond a reasonable doubt" standard: it is an almost certainty that the defendant committed the crime.

It is only through the personal injury civil lawsuit that a victim of wrongdoing can obtain monetary justice for the real damage that they have suffered at the hands of the wrongdoer, where the courts can and will force that wrongdoer to pay money to the victim to repair, at least in part, the harm that they have caused.

Whether or not Vanessa Hudgens, the star of Disney's High School Musical series, sues for personal injuries remains to be seen. Legally, it's an avenue open to her and her legal counsel to consider and pursue in the coming months.

By Bryant Esquenazi on March 17, 2011 12:15 PM

Charlie Sheen Sues for $100,000,000: But What About the Arbitration Clause in His Employment Contract?

Charlie Sheen has officially filed a lawsuit against a number of defendants regarding the controversy over his CBS TV series Two and a Half Men, and you can read the entire pleading here on TMZ.com.

So, what does this mean in view of the arbitration clause that is contained in his contract?

As discussed in an earlier post, there was an agreed-upon arbitration clause in the contract Charlie Sheen signed regarding the show as referenced in the Warner Bros' lawyers' letter responding to Sheen's initial written demands.

While the contract has not been made available, it's probably safe to assume that it exists, since it was quoted by Warner Brother's counsel (as shown in the earlier post).

That doesn't mean it's written in stone, though.

You may find an arbitration clause in the contract you have for your cellular phone service, or in your new car loan, or in your checking account agreement. Buy any major appliance and check the language in the sales agreement: odds are high that there will be language in there about arbitrating any dispute that arises from the deal.

Doesn't mean that you can't fight that arbitration provision. Many have. Many do.

Just last year, for example, a Florida court nixed an arbitration clause in an employment agreement involving Carnival Cruise Lines (Carnival Corporation), where the agreement stated:

"any and all disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, or Seafarer's service on the vessel, shall be referred to and finally resolved by arbitration."

In this Florida case, the employee committed suicide while on board the cruise ship, and the personal representative of his estate sued Carnival for negligence. Carnival asserted that the case had to be arbitrated. The Florida federal judge ruled that this contract provision (above) was null and void because it violates language found in the Jones Act. Result? No arbitration. (See Ruiz v. Carvinal Corporation)

The Fight On Where the Battleground Will Be

Now that Sheen has filed a lawsuit, doesn't mean that arbitration won't be the result. A "motion to compel arbitration" can be filed, for example, and then the lawsuit goes into limbo and the fighting moves to the arbitration forum if the motion is granted.

Of note: not all of Sheen's lawsuit involves that contract, though. He's got allegations against parties that may not be a party to the agreement -- and he's alleging tortious conduct that involves activity outside of the contract. Personal injuries that he and others have sustained as a result of the bad acts of another, which Sheen can argue are outside the scope of the contract provision.

Charlie Sheen is educating lots of people through his example, in more ways than one.

Charlie Sheen may be suffering from mental illness. Charlie Sheen may be addicted to any one or more substances. However, one thing is obvious: Charlie Sheen has worked well with his legal counsel, as all clients are smart to do, and together, a solid (and yes, perhaps #winning) strategy is revealing itself to all of us.

It's very clear that CBS and Warner Brothers, et al., have a big legal fight on their hands.

By Bryant Esquenazi on March 10, 2011 2:12 PM

Charlie Sheen v CBS, Warner Bros: Probably No Trial. Why? Sheen Agreed to an Arbitration Clause and Why You Should Know About Arbitration, Miami

Charlie Sheen's lawyers wrote to CBS and Warner Brothers about his claims regarding the TV series Two and a Half Men and this week the letter Charlie Sheen got in response was published online.

You can read it here on TMZ.com. Of particular note, the following language on page 10:

...Warner Bros. has submitted this dispute to arbitration before JAMS, as
required by the Agreement....

What is Arbitration?

Arbitration is a very popular form of "alternative dispute resolution." Which means it's one of the most popular ways of avoiding a trial down at the courthouse. Others are mediation and informal settlements between the parties.

Sometimes, alternative dispute resolution is a good idea. One example that is rising in popularity across the country are collaborative divorces, where courtrooms are avoided as the spouses work out their custody and support and property issues. Another example, two conglomerates are fighting over fees - it's cheaper and faster for their representatives to set down at a table and hammer out a deal that works for both sides than for all that time and money to be spent on a boring money dispute presented to a jury.

However, arbitration is different than other forms of alternative dispute resolution. It's scary because when it's created in a deal made within a contract (like Sheen's employment deal) it means "fair trial" goes out the window.

Why? Where it's part of a contract, a provision that provides that the parties agree that if there is a dispute it's understood in advance that there will be no lawsuits filed down at the courthouse, in the public record -- instead, they all agree at the outset to opt for arbitration to settle the dispute.

This means there won't be the usual rules of evidence used in standard litigation, and there will be a different kind of decision maker. He or she won't be an elected or appointed judge. He or she will be an independent third party arbitrator, and maybe there will be more than one. A panel who decides your fate.

What if you don't like the decision? You may be out of luck. Appeals of arbitration decisions are limited in scope to things like bias. Hard to prove. And to try, you have to do something like move to vacate the arbitrator with the Arbitration Board. Anyone pondering how often they find bias to exist?

How Arbitration Can Impact You Here in Miami

In Florida, the Florida Arbitration Code, Florida Chapter 682, Florida Statutes Sec. 44.104 and Rule 1.830 of the Florida Rules of Civil Procedure work together to control the type of contractually imposed arbitration that the Charlie Sheen - CBS and Warner Brothers situation exemplifies.

Here, it is considered a voluntary and binding arbitration by Florida law and to some extent, the parties are free to arbitrate as they see fit. For example, Florida voluntary binding arbitrations can have one arbitrator or an arbitration panel, as the parties decide. They can adhere to the procedure set out by the American Arbitration Association or they can improvise, creating their own procedure for the arbitration. They can even agree on the evidence: they can limit the evidence to documents and no testimony, or documents and depositions only, etc.

(Court-ordered arbitrations exist in Florida, see Florida Statute 44.104, but they are different than the Sheen scenario: the judge orders them, usually when mediation fails, as a last ditch effort to avoid an expensive trial, and the parties aren't bound by the result.)

Most Floridians have entered into arbitration agreements - waiving their right to a jury trial and the protections of state or federal evidence law - without even being aware of it. Seeing the advantages of arbitration over courtroom trials, companies have adopted consumer arbitration agreements in all sorts of sales agreements. Read your contract with your bank; the deal you made for your phone; the purchase contract for your car or HDTV.

Don't be surprised to see that there's an arbitration agreement in there. Can you get around that clause if you need to do so? That all depends. The power of these big companies to force arbitration down the consumer's throat is an issue that is still being litigated in Florida and across the country.

By Bryant Esquenazi on March 8, 2011 3:59 PM

Charlie Sheen Isn't Stupid: An Example of How Lawsuits Are Built

Tonight, Charlie Sheen will appear on ABC for a lengthy interview on its 20-20 show - though if you've been following the news, you've probably already heard Mr. Sheen's loud and long protests against the cancellation of his CBS comedy, Two and a Half Men.

If you think that Charlie Sheen is a nut for roaming around and pontificating to Piers Morgan (CNN), Howard Stern, the crew at Good Morning America, TMZ.com, - well, the list goes on and on (the Washington Post calls this his "media storm") -- then you'd be wrong. Wrong.

Because while some may think that Sheen is crazy, he may well be crazy like a fox. Why? From a legal perspective, Charlie Sheen is doing a fine job of getting positioned for a big, fat lawsuit where millions (if not billions) will be on the line.

Lawsuits are Strategically Built, They Don't Spring Up Fully Formed

All lawsuits arise from a formal pleading (the petition or complaint) being filed down at the courthouse with the appropriate clerk, the original being placed in the public record and then copies being given to those who have been sued through a procedure called "service of process." However, that lawsuit didn't just start that day or that week.

Lawsuits are prepared and planned and built for weeks or months before that filing occurs. Facts are gathered, legal research is done. Evidence is made ready through the gathering of documents and the accumulation of witness statements.

You get ready for the fight in an aggressive, thorough manner. The claims that appear in that first filing are supported by lots of hard work and shrewd planning.

All plaintiffs work with their attorneys in this process. They gather evidence. They position themselves for the fight. They are an integral part of the team. And, if they're wise, they work with the potential defendants in an attempt to negotiate a resolution of the controversy before the legal war in the courtroom begins.

Which is exactly what Charlie Sheen is doing. Consider these things that we know and what they may well mean:

1. Charlie Sheen is represented by the Los Angeles law firm of Lavely & Singer - and Radar Online has published a letter that Sheen's lawyers have sent to Warner Brothers and CBS warning that Sheen has legal claims - that Sheen considers himself to be legally wronged.

Translate this to: Sheen's lawyers have given legal notice that a lawsuit - based on contractual damages as well as personal injury - may be forthcoming. Sheen's pondering and perhaps planning litigation - here's his formal notice to the parties he's considering suing. He's letting them know he has legal representation and they are letting the potential defendants know what these legal claims are.

2. Charlie Sheen is doing things now to counter any defense that might be asserted by these defendants. He's doing drug tests in front of the media - blood, urine - and coming out clean.

Translate this to: evidence that Steen is not operating under the influence through lab tests taken before witnesses who can testify that the tests were not fixed. Evidence here, not some stunt.

3. Charlie Sheen is ready to work. Sheen has repeatedly announced he's ready to continue with his TV show duties - even going so far as telling anyone who will listen that he would be showing up for work.

Translate this to: Sheen is letting everyone knows he's ready to continue with his contractual duties. He's not breaching here.

4. Charlie Sheen is actively seeking other projects. Movies, talk shows, etc. These don't seem to be panning out according to media reports.

Translate this to: Sheen is investigating whether or not he has been harmed by the things that have been said about him - has he been professionally injured, has he been legally defamed?

Say what you want about Charlie Sheen. Hate his show, or like it. Disapprove of his lifestyle or revere him as the new Hugh Hefner -- bottom line, Sheen is exemplifying an involved plaintiff preparing for a legal war and there are lessons to learn here.

By Bryant Esquenazi on March 1, 2011 1:32 PM

Oscar Parties in Miami: Miami Beach Film Society Hosts Local Oscar Night America

The Oscars will be given out this Sunday, February 27, 2011, by the Academy of Motion Picture Arts and Sciences - and odds are high that you already know this.

For one thing, it's been reported that the Oscars are the highest non-sporting event for gamblers in this country. Lots of people are betting on Colin Firth winning this year, apparently. (You can follow the Oscar odds here.)

Miami Beach Film Society Chosen by Academy to Host Oscar Night America Party

Since 1994, the Academy has helped non-profits and charities across the country in their fund-raising efforts by designating certain organizations as hosts of Oscar Night America parties, where glitzy parties take place as the ceremonies occur over in Hollywood. According to the Academy's web site, the Oscar Night America program has raised around $27,000,000 for these local organizations. This year, the Miami Beach Film Society has been designated to host Miami's Oscar Night.

Want details on the party? Read all about it in Miami Beach Magazine, where they report:

Tickets to the 2011 Oscar Night America Miami Beach are available for $125 or $110 for Miami Beach Film Society & Cinematheque and MIFF members. Ticket prices include food and beverages, tax and gratuity, a $25 Escopazzo gift certificate, the official 83rd Annual Academy Awards® program booklet and other event memorabilia. Please visit www.MBCinema.com for tickets. For sponsorship opportunities or press inquiries, contact Gino Campodonico at TARA, Ink., 305.864.3434 ext. 120.

Let's hope that the Miami Beach Film Society has a great success with its shindig this weekend.

Want to Start Your Oscar Party Now? Join the Folks at the Miami Herald

Luisa Yanez of the Miami Herald isn't waiting for the weekend: she's inviting everyone to join with her on Twitter and Facebook to start gearing up for the big event now.

Interested? Go over to her article that gives all the details.

Here's a list of the main Oscar nominations this year:

Actor In A Leading Role: Javier Bardem in "Biutiful", Jeff Bridges in "True Grit", Jesse Eisenberg in "The Social Network", Colin Firth in "The King's Speech", James Franco in "127 Hours"

Actress In A Leading Role: Annette Bening in "The Kids Are All Right", Nicole Kidman in "Rabbit Hole", Jennifer Lawrence in "Winter's Bone", Natalie Portman in "Black Swan", Michelle Williams in "Blue Valentine"

Actor in a Supporting Role: Christian Bale in "The Fighter", John Hawkes in "Winter's Bone", Jeremy Renner in "The Town", Mark Ruffalo in "The Kids Are All Right", Geoffrey Rush in "The King's Speech"

Actress in a Supporting Role: Amy Adams in "The Fighter", Helena Bonham Carter in "The King's Speech", Melissa Leo in "The Fighter", Hailee Steinfeld in "True Grit", Jacki Weaver in "Animal Kingdom"

Directing: "Black Swan" Darren Aronofsky, "The Fighter" David O. Russell, "The King's Speech" Tom Hooper, "The Social Network" David Fincher, "True Grit" Joel Coen and Ethan Coen

Best Picture: Black Swan, The Fighter, Inception, The Kids Are All Right, The King's Speech, 127 Hours, The Social Network, Toy Story 3, True Grit, Winter's Bone.

And one last thing ....

Miami is a fun, happy community and no one wants that to change. However, on another big party weekend, it's only responsible for this warning to be given again: partying can turn bad for some, with alcohol poisoning, drug overdoses, car crashes, slips and falls, etc.

No one thinks that a personal injury or wrongful death lawsuit is in their future. If this were true, you wouldn't be reading this personal injury law blog because it wouldn't be here.

Make sure you and your friends keep safe while you're having Oscar fun, and be careful out there.

By Bryant Esquenazi on February 24, 2011 2:56 PM