Failing to Disclose Information During Discovery Can Cause the Rescission of a Settlement Agreement
Nov 19, 2012
By: Charles B. Jimerson, Esq. and Rachel A. Heidenberg, J.D. May 2013
As a case develops, parties exchange information through a process known as discovery. Discovery is a truth seeking device- each p...
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The Availability of Civil Theft as a Recovery Tool
Nov 12, 2012
By: Charles B. Jimerson, Esq. and Kristen T. Eshleman, Esq.
Just as we cant see the air we breathe or radio waves transmitting data around the world, neither can we see thoughts and ideas.For those...
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When does a party's partial or full performance validate an oral agreement?
Oct 15, 2012
By: Charles B. Jimerson, Esq. and Hans Wahl, Esq.
The Statute of Frauds is a doctrine of Florida law that governs the enforceability of contracts. The doctrine requires that certain contracts be in w...
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Limiting Florida’s homestead exemption: collecting on homestead property in excess of one-half acre
Sep 20, 2012
For well over a century, Floridas Constitution has made the homestead exempt from the claims of creditors.Public Health Trust v. Lopez, 531 So. 2d 946, 948 (Fla. 1988).Floridas constitutional provisio...
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Protecting documents given to testifying experts
Aug 15, 2012
By: Charles B. Jimerson, Esq.
In preparation for trial, expert witnesses are often retained and briefed based upon reports and documents provided to them from counsel. Two types of work product may be ...
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Negating Defenses of Procedural Unconscionability in Loan Documents
Aug 15, 2012
By: Charles B. Jimerson, Esq.
Defaulted borrowers often attempt to argue that the waiver of defenses language included in loan documents is unconscionable and therefore unenforceable. However, for a co...
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Why and what are banks prohibited from disclosing Suspicious Activity Reports (SAR) of Fraud?
Aug 15, 2012
Why and what are banks prohibited from disclosing Suspicious Activity Reports (SAR) of Fraud by Federal Law?
By: Charles Jimerson, Esq.
In 1992, Congress passed the Annunzio-Wylie Anti-Money Launderi...
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Qualifying an Expert Witness in Florida
Jul 09, 2012
By: Charles B. Jimerson, Esq.
An expert witness is an individual that is authoritative in their particular field and able to assist the finder of fact in reaching a conclusion at a trial. Aside from di...
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Is it Possible to Compel the Appearance of an Out of State Employee?
Jul 09, 2012
Is it Possible to Compel the Appearance of an Out of State Employee of the Opposing Partys Company as a Witness at Trial?
July 9th, 2012 | bLAWg
By: Charles B. Jimerson, Esq.
In commercial litigation,...
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Florida’s Banking Statute of Fraud Section §687.0304 Weeds Out Frivolous Borrower Claims
Jun 13, 2012
Floridas Banking Statute of Frauds was enacted in order to curb a 1980s trend of increasing lender liability lawsuits. The enactment of this statute has made it difficult for Plaintiffs to maintain tor...
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