MIAMI BUSINESS LITIGATION: EMPLOYERS COULD BE LIABLE FOR DAMAGES CAUSED BY AN EMPLOYEE UNDER THAT EMPLOYEE’S NON-COMPETE AGREEMENT WITH HIS PRIOR EMPLOYER

Human Rights Watch (HRW) on Thursday called for the G7 leaders to denounce and sanction Israeli officials for recent actions in the the ongoing Israel-Hamas war in the Gaza Strip. The call came days ahead of the G7 summit to be held in Kananaskis, Canada. The HRW letter called on leaders to use the summit to focus their attention on preventing further human rights abuses and atrocities in both Gaza and the West Bank by encouraging the adoption of sanctions on Israel. Measures listed “targeted sanctions against Israeli officials,” an arms embargo, and a reevaluation of bilateral agreements with Israel, with the potential of suspending them. In a statement issued Friday, HRW chief advocacy oficer Bruno Stagno noted contradictory behavior of many G7 nations that have effectively given Israel a “green light” to continue its campaign of “killing, starvation and forced displacement of its people.” Stagno raised concerns over the selectivity of…

      Over the past few months, the nation’s attention has darted between the chaos and cruelty of Elon Musk’s vandalizing the federal government, the merciless brutality of official assaults on innocent immigrants, the Trump Administration’s wanton disregard of numerous statutes and court orders, its demolition of decades of civil rights progress, its multi-front war on science and higher education, its steady march toward greater authoritarianism, its wildly disruptive on-again-off-again trade wars, its betrayal of and threats against dependable allies, and its humiliation of numerous large law firms – along with a cornucopia of scandals, soap operas, and corruption.  Each is appalling in its own right, and cumulatively they augur badly for the future of this country as we have known it.      It therefore should not be surprising that President Trump’s transformative reconciliation bill has flown…

Trump Bankruptcies and The Reality When people hear the word “bankruptcy,” it often evokes images of financial failure and ruin. So when it comes to someone as high-profile as Donald J. Trump, a real estate mogul turned U.S. President, the word takes on even greater significance. Critics frequently point to Trump’s multiple corporate bankruptcies as evidence of financial mismanagement, while supporters argue they reflect savvy business strategy within a volatile industry. Understanding Bankruptcy Before diving into the details of Donald Trump’s business bankruptcies, it’s necessary to first understand what bankruptcy actually means, especially in the world of high-stakes real estate and corporate finance. Bankruptcy isn’t always a sign of personal failure or mismanagement; in fact, it can be a strategic legal tool used by companies to stay afloat during tough…

The US-based Human Rights Research Center (HRRC) on Friday called on Hungarian authorities to permit this year’s annual Budapest Pride march to proceed without interference, urging respect for the fundamental right to peaceful assembly. The HRRC’s intervention comes as Budapest police recently denied permission for the upcoming June 28 Pride march, now celebrating its 30th anniversary, citing compliance with Hungary’s newly enacted legal provisions that effectively ban public LGBTQ+ events. The Hungary Supreme Court recently ruled the Budapest police’s decision as being unlawful. The police’s denial follows the constitutional amendment that came into effect in April 2025, effectively banning the right of LGBTQ+ people to publicly assemble in Hungary. The amendment characterized such events as LGBTQ+ “propaganda” in public spaces and restricted gatherings that are “contrary to the interest of child welfare.” These provisions…

In 2023 at least thirteen states enacted legislation that made what has become known as “child grooming” a criminal offense. Texas was one of them with the enactment of Section 15:032 in its Penal Code. The purpose of these laws is to criminalize preparatory behaviors utilized by adults to entice, coerce, induce, or persuade a child to engage in sexual activity. Most “grooming” prohibition states were motivated by the proliferation of electronic communication, social media platforms, and chat apps that allow potential child sexual abusers to use different methods of persuasion to set up direct encounters for the specific purpose of engaging in sexual activity with a minor; and/or exchanging videos or images between adult/minor depicting sexual activity. Texas lawmakers in 2023, however, were motivated by the Human Trafficking Prevention Task Force’s assertion that anti-grooming legislation was needed “to prevent human trafficking, protect and…

What is “Additur” in a Motor Vehicle Accident Case? A Georgia auto accident victim appealed a trial court’s denial of his motion for additur after judgment was entered on the jury’s verdict. The plaintiff asserted that the trial court erred by denying his motion based on a grossly inadequate verdict. Additur is a process whereby a judge increases the amount of damages awarded by a jury. This can happen when the judge believes that the jury’s award is insufficient based on the evidence presented during the trial. Additur is typically offered as an alternative to a new trial and lets the defendant agree to the increased amount instead of facing a retrial. The U.S. Supreme Court has held that additur violates the Seventh Amendment and isn’t permissible in federal courts; however, some state courts like Georgia permit additur. Background In October 2018, the plaintiff owned and operated a transportation company and was driving a delivery van…

[It requires litigants seeking preliminary injunctions against illegal government actions to post potentially enormous bonds.] (AI-generated image.)A provision inserted into the Senate GOP version of Trump's "Big Beautiful Bill" would, if enacted, pose a serious threat to federal courts' ability to protect your constitutional rights. It does so by requiring litigants seeking a preliminary injunction against a federal government policy to post potentially enormous bonds. Arizona Supreme Court Justice Clint Bolick - who is also an experienced public interest litigator, having served as Director of Litigation at the libertarian Institute for Justice  and VP for Litigation at the Goldwater Institute - has an excellent article outlining the danger this provision poses: [The Senate bill] targets temporary restraining orders and preliminary injunctions. These are rulings that demand that the government halt the enforcement or implementation of a policy…

Stay informed of the week’s notable events and shared resources with this curated list of Nonprofit Resources of the Week. Notable Nonprofit Posts, Articles, & Other Resources: Nonprofits Are Under Siege: Why It’s Time to Get Loud, Get Legal, and Get Moving (May L. Harris, For Purpose Law Group) What To Do Now: How Philanthropy Can Help Win the Fight for America’s Future (David Callahan, Inside Philanthropy) [Ed. Also read David’s earlier article How We Got Here: Six Reasons Liberal Philanthropy Is Losing the Battle for America’s Future amplified on our Nonprofit Resources of the Week post on March 29, 2025.] Chairmen Green, Brecheen Launch Probe Into 200+ NGOs Over Their Use of Taxpayer Dollars During the Biden-Harris Border Crisis (House Committee on Homeland Security) [Ed. Brazen attack by the Senate Committee against nonprofits and immigrants. Separately, at least three organizations have received letters from Josh Hawley, Chair…

Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world.  It maintains an extensive database of international case law. This is its newsletter dealing with recent developments  in the field. In downtown Los Angeles this week, near the Museum of Contemporary Art, protesters held banners denouncing Immigration and Customs Enforcement, as officers in anti-riot gear stood by. Behind them, a giant mural, Barbara Kruger’s artwork, posed questions. The white letters on the vibrant red background asked, “Who is beyond the law?” That is a potent visual of today’s America. President Trump has ordered the deployment of almost five thousand troops – the National Guard and active-duty Marines – to LA, the epicenter of rallies against the crackdown on immigrants since last…

A single-vehicle accident occurred Thursday morning on southbound Interstate 5 east of Woodland, California, highlighting the ongoing safety concerns along this heavily traveled corridor. The California Highway Patrol responded to the incident at approximately 6:22 a.m., and reports indicated possible minor injuries to the driver. What Happened in the Woodland Area Crash According to CHP logs, the single-vehicle accident occurred on southbound I-5 in Yolo County during the morning commute. While the exact cause of the crash remains under investigation, solo vehicle accidents can result from various factors, including driver fatigue, mechanical failure, road conditions, or external circumstances. The timing of this incident—during peak morning traffic hours—underscores the importance of heightened awareness and caution when traveling through high-traffic areas like Interstate 5, which serves as a major transportation artery connecting Northern and Southern…

A devastating hit-and-run collision on Interstate 880 in Fremont has left a motorcyclist seriously injured, highlighting the dangerous consequences of fleeing the scene of an accident. The incident occurred on June 12, 2025, at approximately 5:14 PM on northbound I-880 near State Route 84, prompting an immediate emergency response and ongoing investigation by the California Highway Patrol. Details of the Fremont Hit-and-Run Accident The collision occurred on the busy freeway’s right-hand shoulder, with the motorcycle and rider initially positioned in the #4 lane before the impact. According to preliminary reports, a white vehicle struck the motorcyclist and immediately fled the scene, leaving the injured rider without assistance. Emergency medical services and fire personnel responded quickly to provide critical medical care to the victim. The California Highway Patrol and local law enforcement agencies have comprehensively investigated this hit-and-run incident.…

A US federal judge on Friday refused to order the immediate release of pro-Palestinian activist Mahmoud Khalil from immigration detention, despite ruling that the initial arrest and continued detention lacked a lawful basis. Judge Michael E. Farbiarz of the US District Court for the District of New Jersey found that US Immigration and Customs Enforcement (ICE) violated federal law when they arrested Khalil last year without proper legal authority. Khalil, a lawful permanent resident and Palestinian rights activist, was arrested in 2024 amid increasing federal crackdowns on pro-Palestinian demonstrations. Federal officials sought his removal based on alleged inaccuracies in his immigration paperwork and a determination by US Secretary of State Marco Rubio that Khalil’s continued presence would compromise a compelling foreign policy interest. While Farbiarz rejected the paperwork-based removal claim, he found the secretary’s determination could not withstand…

Life Insurance lawyers need to know the statute and case law that deals with life insurance policies after a divorce.    The relevant statute is Texas Family Code, Section 9.301. To start with, a 1994 opinion from the Fort Worth Court of Appeals, says that one spouse can designate his or her estate as the beneficiary of the policy, at the expense of the other spouse, absent a showing of actual or constructive fraud.  The opinion is styled, Street v. Skipper. A 1981 opinion from the Eastland Court of Appeals says that policies may contain provisions automatically divesting a spouse of any interest in the proceeds, if the parties are “legally separated” or divorced.  This opinion is styled, Pilot Life Insurance Company v. Koch.  Also, according to a 1987 opinion from the 14th District Court of Appeals, the divorce decree may divest the former spouse of any right to the insurance proceeds.  That opinion is styled, Novotny v. Wittner.…

For the Balkinization symposium in honor of Ken Kersch Carol J. Nackenoff Ken Kersch was not only a superb scholar but a good friend.I knew something about Ken before I met him in 1997.  His father and I were members of the Horatio Alger Society, a small group of book collectors, researchers, and fans of late 19th and early 20th century series books for boys and girls. I learned that Ken, a lawyer, had gone back to graduate school to get a Ph.D. in Government from Cornell.  His father wanted to hear what I thought about Ken’s career prospects, and I offered some positive words.Ken and I met at a Northeastern Political Science Association panel in Philadelphia, when he was working on his dissertation.  As a discussant for a panel on which his paper had been placed, I was struck by how astute, ambitious, careful, mature, and creative Ken’s scholarship was. This was no ordinary graduate student, I said to myself.  He subsequently won the…

A recent case out of the Middle District of Florida, The Peninsula at St. John’s Center Condominium Association, Inc. v. Amerisure Ins. Co., 2025 WL 1547631 (M.D.Fla. 2025) discusses what a party must do to RIGHTFULLY recover under a Coblentz agreement under Florida law: “In Florida, a party seeking to recover under a Coblentz agreement must prove: (1) coverage; (2) a wrongful refusal to defend; and (3) that the settlement was objectively reasonable and made in good faith. “Florida law clearly states that liability of an insurer depends upon whether the insured’s claim is within the coverage of the policy. This remains true even when the insurer has unjustifiably failed to defend its insured in the underlying action.”  “A determination of coverage, therefore, is a condition precedent to any recovery against an insurer.” The party seeking recovery has the burden “to allocate the settlement amount between covered and…

The US Supreme Court unanimously ruled on Thursday that public-school students with disabilities may pursue discrimination lawsuits under the same standard of proof that applies when people sue other institutions for discrimination based on disability claims, sweeping aside a higher legal standard used by some lower courts. Writing for the court, Chief Justice John Roberts rejected the heightened test as textually unsupported. He stated: “Together [students with disabilities] face daunting challenges on a daily basis … We hold today that those challenges do not include having to satisfy a more stringent standard of proof than other plaintiffs.” The justices vacated a ruling by the US Court of Appeals for the Eighth Circuit and sent the case back for new proceedings under the easier “deliberate indifference” benchmark. The decision came in A.J.T. v. Osseo Area Schools, a case brought by Ava Tharpe, a Minnesota teenager whose rare form of epilepsy…

The Legal Theory Bookworm recommends Advanced Introduction to Political Jurisprudence by Martin Loughlin. Here is a description: Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this Advanced Introduction, Martin Loughlin provides a concise analysis of political jurisprudence, a powerful but relatively neglected school of thought that offers a compelling account of the relationship between law and politics in the modern world. After presenting a historical sketch of its evolution in European thought, he outlines the basic conceptual framework of the subject and argues that, notwithstanding current strains, political jurisprudence continues to yield acute insights into the…

The latest issue of the International Criminal Law Review (Vol. 25, nos. 2-3, 2025) is out. Contents include: Special Issue: Corruption and International Criminal Law Anja Matwijkiw, Bronik Matwijkiw, Sunčana Roksandić, & Marc Engelhart, Crime and Corruption. Serious Economic Crimes and International Criminal Law—Shaping a New Era of International Law and Justice Ugljesa Ugi Zvekic, For an Effective Global Anti-Crime Governance: untoc and uncac Consolidated Héctor Olasolo, Pablo Galain Palermo, & R.J. Blaise Maclean, The Case for Considering Corruption as a Central Element of Governance: Institutional and Organizational Corruption and Complex Corruption Networks Sunčana Roksandić & Marc Engelhart, Environmental Corruption: Fighting Two Evils through International Criminal Law Alongside Introducing a Special Protocol to UNCAC and UNTOC Anja Matwijkiw, Corruption: From International Law and Ethics to Realpolitik and…