Category Archives: Commercial Litigation
Appeals Court: Distressed Property Buyer Can Seek Declaratory Judgement of “No Liability” for Unpaid Assessments
On January 3rd, 2019, the Fifth District Court of Appeal for the State of Florida ruled that a distressed property buyer has the right to seek a declaratory judgement stating that it has “no liability” for unpaid HOA assessments—even though it no longer owns the property in question. In the case of Real Estate… Read More »
Florida Construction Law: What is an Implied Warranty?
In Florida, certain contract terms may be enforceable even if they were never explicitly mentioned in an oral agreement or written agreement. An implied warranty is a presumption that a product or service is “fit”—meaning it conforms to the reasonable expectations of an ordinary buyer. If it does, the aggrieved party may be able… Read More »
The State of Florida is Suing Planet Hollywood for Breach of Contract
According to reporting from the Tampa Bay Times, Florida is suing Planet Hollywood for an alleged breach of contract. Florida officials contend that the company failed to live up to the obligations under an agreement through which it received money from a state-operated economic development and jobs creation program. Here, our West Palm Beach… Read More »
The Developer has Agreed to Make Repairs—What Steps Should I Take to Protect My Rights?
Construction is complicated. As a project nears completion, it is not uncommon for property owners to request repairs from the developer or the lead contractor. Of course, this does not necessarily mean that there will be a legal dispute in every case; far from it. Often, developers and/or contractors will agree to make the… Read More »
Understanding Contract Law: What is a Forum Selection Clause?
Also referred to as a jurisdiction clause or a choice of court clause, a forum selection clause is a legally binding provision that determines the location at which a contract dispute will be heard. Though it is usually included deep in the boilerplate language of a commercial agreement, a forum selection clause is an… Read More »
What is a Frustrated Contract?
Under United States contract law, a frustrated contract is one that—through no fault of either party—cannot reasonably be performed because of unforeseeable circumstances. In Florida, frustration of purpose may be a valid defense against a breach of contract lawsuit. In this article, our Miami commercial litigation attorneys explain some of the key things that… Read More »
Florida Appeals Affirms Class Action Certification, FDUTPA Violations in Claim Involing Vague “Environment Fee”
On September 18th, 2019, Florida’s First District Court of Appeal affirmed a lower court’s ruling in class action FDUTPA claim. In the case of Waste Pro USA and Waste Pro of Florida, Inc. vs Vision Construction ENT, Inc., the court ruled that an “environmental fee” that was charged to customers violated the Florida Deceptive… Read More »
Does a Customer List Qualify for Trade Secret Protection in Florida?
A trade secret is a protected form of intellectual property. Under federal and state law, trade secrets come in a wide variety of different forms — from specific formulas and designs to business method and practices. Depending on the specific circumstances, a customer list may qualify for trade secret protection in Florida. That being… Read More »
NBA Star Zion Williamson Files Amendments in Claim Against South Florida Marketing Company
According to reporting from Forbes Magazine, legal representatives for highly-touted NBA rookie Zion Williamson have filed amendments in their lawsuit against a Miami-area marketing company. Though he has not played a professional game yet, Mr. Williamson is one of the most marketable athletes in the entire country. In July, he signed a $75 million… Read More »
Construction Lawsuit: Broward County Courthouse Construction Slowed By a Contract Dispute
According to reporting from the SunSentinel, construction at the Broward County Courthouse in Fort Lauderdale is once again being stalled because of a contract dispute. The project, which was initially scheduled to be completed more than four years ago, continues to need additional work. The lead contractor on the project, James A. Cummings Inc.,… Read More »
What You Need to Know About ‘Cooling-Off Periods’ and Contract Law in Florida
Signing a contract is a big deal. After you sign an agreement in Florida, you should generally assume that the contract will be enforced. Despite common misconceptions, there is no automatic ‘cooling-off’ period in our state. Parties do not necessarily have the right to cancel an agreement just because they acted quickly. That being… Read More »
Florida Appeals Court Reverses in Breach of Contract Claim
On June 12th, 2019, the Fourth District Court of Appeals of the State of Florida issued a decision in the case of Douglas Anthony Perera vs. Diolife LLC. Reversing a lower court, the court reinstated the plaintiff’s breach of contract claim and agreed to award financial damages. This decision is instructive as it demonstrates… Read More »
Florida Construction Law: What is a Contractor’s Final Payment Affidavit?
Under Florida law, construction companies and contractors have very powerful debt collection tools. Specifically, these companies can place a construction lien on real property if they have not paid for their work. However, to get access to Florida’s construction lien protections, contractors must follow certain required procedures. The failure to do so will make… Read More »
Florida Appeals Court Stops Consumer-Led Class Action Against BJ’s Wholesale Club
On May 8th, 2019, the Florida Third District Court of Appeal ruled against a consumer who was leading a charge to bring a class action against BJ’s Wholesale Club for alleged deceptive pricing practices. In the case of BJ’s Wholesale Club v. Bugliaro, a Florida consumer had filed a claim against the wholesaler on… Read More »
Florida University Faces Breach of Contract Lawsuit From Textbook Company
According to reporting from Naples Daily News, Ave Maria University is facing a breach of contract lawsuit from a company called Archangel Students First, a textbook buyback firm that is based in Miami, Florida. In this case, the plaintiff (the textbook company) is seeking $800,000 in compensatory damages for the contract breach. Contract lawsuits… Read More »
Florida Appeals Court: Contract Lawsuit Dismissed After Creditor Failed to Produce Original Note
On April 22nd, 2019, the Florida First District Court of Appeal reversed a ruling on the grounds that a lower court failed to properly apply Florida’s lost note statute. In the case of MBC Gospel Network, LLC v. Florida News Channel, LC, the appeals court determined that a debtor could not be ordered to… Read More »
USDA Suspends Florida Company’s PACA License Over Breach of Contract
According to reporting from Produce Blue Book, the United States Department of Agriculture (USDA) has imposed sanctions on five companies, including one Florida-based firm, for the alleged failure to meet their contractual obligations and failure to then pay awards under the Perishable Agricultural Commodities Act (PACA). The PACA is an important federal law that… Read More »
Florida Appeals Court Reinstates a Deficiency Action
On March 6th, 2019, the District Court of Appeal of the Florida Second District reversed a lower court’s decision to dismiss a deficiency action for an alleged failure to prosecute the claim in time. In the case of NRG Investment Partners, LLC vs. MDC 6, LLC, a lender sought a deficiency judgement against a… Read More »
Four Tips to Protect Your Trade Secrets
Under United States law, the importance and value of commercial trade secrets are recognized. In fact, under the Defend Trade Secrets Act (DTSA) — a bill that was signed into law in 2016 — trade secrets are even entitled to federal protections. Of course, by definition, trade secrets only retain their full value if… Read More »
What Compensation Can Be Recovered Through a Breach of Contract Claim?
In breach of contract claims, several different types of remedies can be awarded — potentially including specific performance of the contract, full rescission of the agreement, and other types of injunctive relief. That being said, in most breach of contract claims, monetary compensation is the primary remedy. This raises an important question: How much… Read More »
