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Category Archives: Commercial Litigation

InsurCover

Is Your Florida Business Covered by Insurance During the Coronavirus Pandemic?

By Michael Pike and Daniel Lustig |

In addition to its ever-increasing death toll, the coronavirus disease (COVID-19) is causing unmeasurable losses to businesses in the United States. As most non-essential businesses closed across the country, and financial experts continue to warn of long-term economic consequences, many businesses begin to review their insurance policies. Government-ordered business closures caused the loss of… Read More »

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Lit3

What to Do if the Coronavirus Pandemic Impacted Your Business? A Guide for Affected Companies

By Michael Pike and Daniel Lustig |

As the U.S. economy shuts down amid the spread of the coronavirus (COVID-19), many American businesses are on the verge of collapsing. Although the U.S. government is trying to curb the economic impact of the pandemic by releasing a massive economic stimulus bill and through other measures, many businesses may not survive the pandemic…. Read More »

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BusinessBank

Can Your Business File a Lawsuit Over Lost Profits and Disruptions Caused by Coronavirus (COVID-19)?

By Michael Pike and Daniel Lustig |

President Donald Trump declared a national emergency over the coronavirus outbreak, as the deadly virus continues causing extensive damage to the U.S. economy. The rapidly spreading virus (COVID-19), which was declared a pandemic by the World Health Organization, has disrupted supply chains, shut down businesses, sent financial markets sliding, and forced quarantines. Global and… Read More »

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Litigation

Florida Appeals Court Overturns Lower Court Ruling in Construction Lien Case

By Michael Pike and Daniel Lustig |

On January 22nd, 2020, the Fourth District Court of Appeals for the State of Florida overturned a lower court’s ruling for summary judgment in a construction defect lawsuit. In Prime Investors & Developers, LLC and Homestead Holdings II, LLC v. The Meridian Companies, Inc., the appeals court assessed that there are still genuine material… Read More »

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Foreclosure6

3 Types of Defenses to a Foreclosure Lawsuit in Florida

By Michael Pike and Daniel Lustig |

Floridian homeowners can use three different types of foreclosure defenses when facing commercial litigation. For residential foreclosures, these defenses can be categorized into three arguments: The validity of the mortgage Whether there has been a “default” Whether there was a legal right to accelerate the debt Let’s review each of these foreclosure defenses under… Read More »

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Breach2

Florida Supreme Court Will Hear Complex $385 Million Breach of Contract Dispute Over the State Government’s Failure to Match Private Donations to the University System

By Michael Pike and Daniel Lustig |

As reported by News 4 Jacksonville, a complex legal dispute regarding whether or not the Florida legislature must match private financial donations to the state’s university system is set to go before the Florida Supreme Court. The breach of contract dispute centers around allegations that Florida lawmakers failed to properly match nearly $385 million… Read More »

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Lit3

Appeals Court: Distressed Property Buyer Can Seek Declaratory Judgement of “No Liability” for Unpaid Assessments

By Michael Pike and Daniel Lustig |

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 »

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ConstruPlans

Florida Construction Law: What is an Implied Warranty?

By Michael Pike and Daniel Lustig |

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 »

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ContractBreach2

The State of Florida is Suing Planet Hollywood for Breach of Contract

By Michael Pike and Daniel Lustig |

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 »

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Litigation

The Developer has Agreed to Make Repairs—What Steps Should I Take to Protect My Rights?

By Michael Pike |

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 »

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