Is That Ad Even Legal? Understanding False Advertising Laws

One of the central purposes of a strong civil justice system is to promote public safety by holding wrongdoers financially accountable. When negligent individuals or corporations know they may face significant financial liability, they are far more likely to act responsibly. Short of criminal prosecution, few things are more effective at incentivizing safe conduct than the threat of losing money. Sovereign immunity, however, undercuts this principle. Rooted in the old-world doctrine that “the king can do no wrong” (Latin: Rex non potest peccare), sovereign immunity was designed to shield monarchs from legal consequences. Today, this concept survives in modern constitutional monarchies like the United Kingdom, Japan, and the Netherlands. Unfortunately, it has also made its way into American law—particularly in states like Florida. Florida’s Version of Sovereign Immunity Florida has adopted a modified form of sovereign immunity for civil cases, including…

Law firms don’t succeed simply because they have top-tier legal minds—they succeed when those minds are supported by organised, efficient operations.

When a driver is behind the wheel of a commercial truck, they have many responsibilities, including securing the cargo. Securing cargo is a constant concern for many operators on the road.  How often do they check? While the federal government sets minimum standards, drivers will still make these inspections throughout the course of their trip. By not checking their cargo, drivers put everyone at risk. Many times, these actions can lead to a serious truck accident on Reno’s highways.   Here is how often truck drivers should check their cargo loads and why those checks matter.  Federal Requirements  The Federal Motor Carrier Safety Administration (FMCSA) specifies the minimum cargo securement inspection standards across the country. You can find them in the Federal Motor Carrier Safety Regulations (FMCSRs) §392.9. These regulations apply to most commercial vehicles operating in interstate commerce. According to the rules, there are three…

(Photo by David McNew/Getty Images)Is it legal for Donald Trump to seize control of the National Guard to assist ICE over the objections of state government? Probably not. Despite what the current Supreme Court might say, the Tenth Amendment isn’t just for forced birthing after all. Is it legal to send in the Marines? Even more probably not. But Elon Musk publicly posted that Donald Trump is in the Epstein files so now we’ve got to have martial law to change the headlines. Sorry, that’s just how the world works! Trump’s current justification for the move — though it’s worth noting this administration plays whack-a-mole with legal arguments all the time, so this may not last — is that protesting ICE disappearing people from their workplaces amounts to a “rebellion or danger of rebellion.” The specific statutory justification, for now, falls short of the full fall of Weimar wet dream that is the Insurrection Act. As is, the…

Whether you’re hauling goods for business or just towing a trailer for a weekend getaway, you need to have the right license. This can help you avoid costly fines or legal trouble, especially if you get into a truck accident.  A driver’s history and license verification will be part of any investigation into a truck accident. Can you drive a commercial vehicle without a commercial driver’s license (CDL)? Here’s what you need to know before you hit the road with confidence.   When Do You Need a CDL in Nevada?  A commercial driver’s license (CDL) is a specialized one. This is required for anyone operating commercial motor vehicles (CMVs). These vehicles are larger, heavier, or designed for certain tasks.   Nevada regulations state that you will need a CDL if you plan to operate:  A vehicle weighing more than 26,000 pounds, including trucks and other large vehicles, with a Gross Vehicle Weight Rating (GVWR) of over…

You may need to determine the value of a specialty dental practice for various purposes, such as obtaining financing, buying out a partner, or purchasing the practice. However, specialty practices, such as orthodontics, oral surgery, periodontics, or cosmetic dentistry, may have unique factors that can make valuing the business more challenging compared to general dentistry practices. Special considerations to keep in mind when obtaining a valuation for a specialty dental practice include: Understanding the Nature of the Practice Specialty Valuing a specialty dental practice begins with understanding its nature. Each type of dental specialty involves specific services/treatments, patient types, and billing practices. Recognizing the types of treatment cycles a specialty practice conducts and how it acquires or maintains patients will help forecast its revenue and determine its fair market value. In addition, the type of specialty practiced by a dental office will…

Here in our part of the country, there are many more large commercial trucks (think big rigs; semis; tractor-trailers; tankers; reefers; 18-wheelers; etc.) sharing our roadways than in most other states. Forty other states, to be exact, since Indiana ranks as the tenth most traveled state for freight trucks. See, “Top 10 Largest States in the U.S. for Trucking,” written by Arielle Patterson and published by Commercial Truck Trader on March 23, 2025. The contribution of the Hoosier State to our national transportation system (even the global cargo transport network) is extraordinarily important. Consider the following: Indiana provides special trucking routes for very, very heavy trucks on its Extra Heavy Duty Highways. Trucks on these routes can weigh as much as 134,000 pounds (67 tons), moving through places like St. Joseph County and LaPorte County in Northwest Indiana. Indiana is home to “…the most critical highway portions of the U.S. freight…

Some good news. The government has committed to scraping the rough sleeping provisions of the Vagrancy Act 1824 and not replacing them. Finally, rough sleeping will be decriminalised. The previous government had said the Vagrancy Act 1824 would be repealed, but, in a somewhat sinister way, said the provisions would be replaced. But now, the Vagrancy Act will be repealed  and there will be no replacement provisions as regards rough sleeping. There will be new offences of “facilitating begging for gain and an offence of trespassing with the intention of committing a crime” in place of the Vagrancy Act equivalents, but: Scrapping the Vagrancy Act for good is another step forward in our mission to tackle homelessness in all its forms, by focusing our efforts on its root causes.” Government amendments to the Home Office’s Crime and Policing Bill will focus on real crime and not rough sleeping, with no replacement of previous legislation that criminalised…

In addition to his legal practice, he is deeply committed to developing the next generation of sports law professionals, regularly speaking on college athletics law and policy.

With the push to bring attorneys back to the office more often in the wake of the pandemic, some law firms are making an effort to turn the office into an attractive venue. Firms are now experimenting with open floor plans in the hope of creating an atmosphere where collaboration is the name of the game, enabling partners and associates alike to easily exchange ideas and experience true team-building moments. One of the firms that’s taken advantage of a new office space like this is Axinn, a midsize firm with one of the largest antitrust practice groups in the country. The firm recently relocated its NYC headquarters to the iconic Rockefeller Center, in a thoughtfully designed, 28,000 square foot space that will afford lawyers room to grow together, both creatively and professionally. Nick Gaglio, a New York partner who’s been with the firm since its founding, took the time to answer some questions for us about the unique nature of Axinn’s brand new office…

Join us for our upcoming Justia Webinar, the latest in our series designed specifically for law students. Law Professor Etienne Toussaint will discuss the unique hurdles that come with being the first in your family to attend law school — from imposter syndrome and the “hidden curriculum,” to balancing academic pressure with emotional and financial stress. The session walks students through every layer of the first-generation experience, grounding each challenge with strategies to overcome it. From demystifying cold calls to creating outlines, building a trusted network, and owning your story, this isn’t just about getting through law school, it’s about claiming your space in it. Each section is designed to validate your journey while equipping you with the knowledge and confidence to succeed. Register for free today! Webinar Details & Speaker The presentation will begin promptly at1:00 p.m. ET/9:00 a.m. PT on Wednesday, June 25, 2025. The…

Searcy Denney Scarola Barnhart & Shipley is proud to announce that trial attorney Victoria Mesa-Estrada has been re-elected to serve a two-year term on the Board of Directors for the Palm Beach County Bar Association. Voting took place in April, and her new term follows her initial election to the Board in 2023. As a member of the Board of Directors, Ms. Mesa-Estrada plays a vital role in shaping the direction and policy of one of Florida’s most active local bar associations. The Board is responsible for formulating and adopting policies that influence the programming, advocacy, and engagement efforts of the Association — all in support of the broader mission of The Florida Bar to promote professionalism, uphold the rule of law, and serve the legal needs of the public. Ms. Mesa-Estrada is deeply committed to the legal community both inside and outside the courtroom. In addition to her role with the Bar Association, she currently serves as President of the Palm…

Searcy Denney Scarola Barnhart & Shipley is proud to announce that 15 of the firm’s attorneys have been named to Lawdragon’s 2025 500 Leading Plaintiff Consumer Lawyers Guide, a prestigious national honor that recognizes the most accomplished attorneys representing consumers in personal injury, wrongful death, and other civil claims. The attorneys recognized include: Theodore Babbitt Rosalyn Sia Baker-Barnes F. Gregory Barnhart T. Hardee Bass Laurie Briggs Brian Denney Brenda Fulmer Mariano Garcia James Gustafson Cameron Kennedy Jack Scarola Matthew Schwencke Chris Searcy Karen Terry C. Calvin Warriner This distinguished list is compiled through Lawdragon’s rigorous selection process, which draws upon decades of legal journalism, peer input, and careful review of recent case outcomes. The honorees are recognized for their impact on the law, significant verdicts and settlements, and overall dedication to meeting their clients’ goals. For…

Ed. note: Please welcome Vivia Chen back to the pages of Above the Law. Subscribe to her Substack, “The Ex-Careerist,” here. I WAS WALKING along the south edge of Central Park when I saw a woman in handcuffs. I usually pay scant attention to this type of scene (hey, I’m a New Yorker), but this time I stopped. She was a middle-aged Asian woman in cheap, nondescript clothes and sneakers. She didn’t look threatening. Flanked by officers in plain-clothes, she seemed terrified, as she was pushed into an unmarked SUV. What did this woman do to merit such ceremony? Assault someone in the park? Run a drug cartel? Offer illicit services? None of those possibilities felt right. Quickly, I wondered: Could this be an ICE raid? It’s only logical. Immigrants, including legal residents, are now being hunted down, getting detained at airports, picked up off the street, held without explanation, or speedily deported. Just like that. Gone. …

I just listened to dozens of people tell me that heat pumps don’t work, may cause homelessness, and can bankrupt small businesses. This was shocking news to me, in no small part because I’m currently in the process of installing a heat pump in my condo. Obviously, I don’t want to waste money, sleep on the street, or see my local bakery go belly up. Should I call up my contractor and tell him we are sticking with our 1960s gas furnace? No, of course not. This is a hit job! Welcome to The Drain, a weekly roundup of environmental and climate news. Subscribe to the newsletter here.  These critics of heat pumps — Orange County realtors, Chamber of Commerce lobbyists, gas company spokespeople, and small city mayors — were commenting at Friday’s meeting of the South Coast Air Quality Management District as air regulators voted on a pair of rules to encourage zero-emission heat pumps and electric water heaters. The rules failed 7-5, as I wrote…

[Five scholars discuss what role, if any, the ABA should play in the regulation of legal education.] Recently, the Texas Supreme Court requested comments on "whether to reduce or end the Rules' reliance on the ABA." Perhaps unsurprisingly, all of the Law Deans and nearly all law professors have fallen in line too support the ABA. I thought that the ABA would benefit from some alternate views. I helped to coordinate an excellent symposium from the Civitas Institute about the future of legal education in Texas. Here, five scholars discuss what role, if any, the ABA should play in the regulation of legal education. Josh Blackman "The Supreme Court of Texas Must Put Texas First, and Liberate Law Students from the ABA‍ Seth J. Chandler "Accrediting for Tomorrow: Law School Metrics and Interstate Compacts Andrew P. Morriss "Ending the ABA's Role in Accreditation Will Benefit Texas Derek T. Muller "New Paths for Legal Education Should Be…

This post was authored by Luke Jenkins, Touro University Jacob D. Fuchsberg Law Center Plaintiff-Appellants, commercial property owners, brought suit against the City of Lathrup Village and the Lathrup Village Downtown Development Authority (collectively the “City”). Appellants owned three commercial buildings which it rented to commercial tenants. The City Code required landlords apply for a rental license prior to renting to commercial tenants. It also required landlords renting to commercial tenants to provide each tenants name and principal business. To comply with the city code, the appellants applied for a landlord rental license. However, the appellants did not include the names or businesses of the tenants in the application. Thus, the City denied the application and also denied its tenants business license applications as a result. Appellant brought nine claims against the City, alleging there was a concerted effort by the defendant-appellees to compel…

The government’s plan for warrantless disclosure of Internet subscriber information is rightly attracting increasing attention as sneaking lawful access provisions into a border bill raises significant privacy concerns. As I pointed out last week, Bill C-2’s new “information demand” power – which can be used by a wide range of enforcement agencies over literally any potential offence of any Act of Parliament – is certain to spark a legal challenge given the Supreme Court of Canada’s previous decisions in Spencer and Bykovets. While the government has tried to paint the information at stake as “phone book” information with little privacy value, the reality is far different. The information demand includes whether the provider provides or has provided services to a particular subscriber or client, or to any account or identifier, whether there is transmission data on hand (who was the person communicating with and what apps…