Joseph Battaglia
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Negligence After Nuptials: Ripple’s Effects on Spouse Compensation Under Florida’s Wrongful Death Act
The sudden loss of a spouse is devastating. When that loss is caused by someone else’s negligence, the emotional and financial burden can be overwhelming. In the past, Florida law limited the ability of surviving spouses to seek compensation if they married after their spouse’s injury. The recent Supreme Court of Florida case, Ripple v.…
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More Than Meets the Eye: a Conversation About the Power of Legal Imagery
We’ve all seen it – the blindfolded Lady Justice holding aloft her iconic scales. But legal symbolism goes far deeper than a dusty statue in a courthouse hallway. It’s a hidden language woven into the fabric of our legal system, silently shaping our understanding of justice. Now, consider this: imagine a world devoid of legal…
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Freedom to Compete or Freedom to Flee? The Debate Over the FTC’s New Rule
Worker Wins, Employer Blues? The FTC’s Non-Compete Ban Explained. As a real estate lawyer, I don’t typically delve into the intricacies of employment law. But I do like to keep my readers informed and, let’s be honest, this is a pretty big deal. The Federal Trade Commission’s (FTC) recent landmark decision banning non-compete clauses for…
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The Truth About the McDonald’s Hot Coffee Case – 30 Years Later
What You’ve Heard is Probably Wrong. The McDonald’s “Hot Coffee” case is a legend in the world of legal cases. It has withstood the test of time, being propped up continuously as a culture symbol of frivolous lawsuits. However, the reality behind the McDonald’s Hot Coffee case is far more nuanced – and far less…
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Florida Gets Flexible: New Civil Rule 1.041 Allows Limited Appearances in Civil Court
Florida’s legal landscape just got a little more navigable for both clients and attorneys thanks to the implementation of Florida Rule of Civil Procedure 1.041. This brand new rule, effective April 1, 2024, allows attorneys to provide targeted legal assistance in specific aspects of a civil case. Prior to this change, Florida law operated under…
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Navigating the Sunshine State’s Property Taxes: Deadlines, Discounts, and Avoiding Foreclosure
Florida, with its beautiful weather and sandy beaches, attracts not only tourists but also residents seeking a permanent paradise. However, paradise comes with a price tag, and a significant portion of that tag is property taxes. As a Florida real estate attorney, I get many questions from clients about property taxes, especially regarding deadlines, discounts,…
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Reissue Me This, Batt, Man
Calculating Title Insurance Savings Should Never Be a Riddle As a Florida real estate attorney, I understand the importance of a smooth and cost-effective closing process for my clients. One way we achieve this at Battaglia Law, PLLC is by proactively applying reissue credit on title insurance premiums, whenever possible. What is a Reissue Credit?…
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Alabama Federal Court Declares Corporate Transparency Act Unconstitutional
But the ruling is not applicable to all businesses On March 1, 2024, a significant development arose in the ongoing saga of the Corporate Transparency Act (CTA). In a landmark decision, the U.S. District Court for the Northern District of Alabama, in National Small Business United d/b/a National Small Business Association v. Yellen, No. 5:22-cv-01448-LCB…
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Estoppel Certificate & Other HOA Fees: Junk or Justified?
As a board certified real estate lawyer in Florida, I frequently deal with estoppel certificates, including reviewing them and ordering them from associations and their management companies. If you are unfamiliar with what an estoppel certificate is, here is a previous blog post that provides some general information. But, briefly, estoppel certificates are official statements…