Recent Blog Posts
No $4.75 Million Discount on a Diamond: Florida Court of Appeals Allows Contract Rescission for Unilateral Mistake
On August 1st, 2018, the Third District Court of Appeal for the state of Florida issued an important decision in the case of Thomas DePrince v. Starboard Cruise Services. This case, which made some national headlines, involved a cruise ship passenger who was accidentally sold a diamond at a 95 percent discount. The core… Read More »
Who Owns the 12th Man? Texas A&M Prevails Over Soap Company in Trademark Dispute
Most football fans have probably heard the term ‘12th man’ mentioned before during a broadcast. With 11 players on the field at any given time for each team, the 12th man is often used to refer to the crowd that can provide the home team with a little extra boost through its enthusiasm and… Read More »
Vomit Fraud? South Florida Uber Drivers Accused of Unusual Scam
When customers use the Uber ridesharing app, they will be required to agree to the company’s ‘terms of service’. If an Uber rider causes damage to the inside of a vehicle during their trip, a cleaning fee can be billed to their credit card. When a passenger vomits in an Uber in South Florida,… Read More »
Florida Court Throws Out Legal Malpractice Arbitration Clause
Recently, the Florida Fourth District Court of Appeal ruled against a law firm in a dispute over a mandatory arbitration clause. This underlying issue in this case was a legal malpractice claim raised by a former client of the law firm. In Lindsay Owens v. Katherine L. Corrigan and KLC Law, P.A., Florida’s Fourth… Read More »
Circuit Split: Key Copyright is Headed to the Supreme Court
Recently, the Supreme Court of the United States agreed to hear a case involving a long-standing circuit split on a key copyright law issue. This decision comes after a South Florida company petitioned the court to take up this case last fall. The issue that is at stake in this dispute is relatively straightforward:… Read More »
EEOC Files Disability Discrimination Lawsuit Against Florida Franchisee
On July 10th, 2018, the Equal Employment Opportunity Commission (EEOC) announced that it has filed a disability discrimination lawsuit against a Florida-based franchise location of Pacific Sunwear (PacSun). This company offers California-branded clothing and apparel products targeted at teens and young adults. According to the legal complaint filed by the EEOC, PacSun unlawfully refused… Read More »
Is Nextel an ‘Abandoned’ Trademark? A Florida Company is Being Sued for Trying to Revive the Brand Name
Over the last few decades, Nextel has been one of the most recognizable brand names in telecommunication industry. Indeed, for several years the top series in American auto racing was called “Nextel Cup”. However, in 2005, Nextel and Sprint completed a multi-billion dollar merger. The ‘Nextel’ company no longer exists in its previous form…. Read More »
Airbnb Facing Illegal Sublease Lawsuit From Miami Landlord
On July 11th, 2018, Bloomberg News reported that the Airbnb, the prominent online marketplace and hospitality services company, will not be able to avoid a Florida-based illegal sublease lawsuit from Aimco, a real estate investment trust (REIT) operating as a landlord in South Florida. Over the past several years, Airbnb has disrupted the property… Read More »
Several South Florida Businesses Fined for Price Gouging During Hurricane Irma
Hurricane Irma hit South Florida hard back in the fall of 2017. According to reporting from the Miami Herald, the total damage caused by this storm was estimated at nearly $65 billion. Unfortunately, some businesses attempted to take advantage of this situation. On June 19th, WSVN 7News released the results of its investigation on… Read More »
British Pop Star Ed Sheeran is Facing a $100 Million Dollar Copyright Lawsuit Over Hit Song ‘Thinking Out Loud’
According to reporting from Entertainment Tonight (ET), the holding company that owns the rights to Marvin Gaye’s ‘Let’s Get It On’ has filed a $100 million copyright infringement lawsuit against pop star Ed Sheeran. In court documents, the company alleges that Mr. Sheeran copied and exploited key compositional elements of the famous 1970s song…. Read More »