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Category Archives: Commercial Litigation

Contract7

What You Need to Know About ‘Cooling-Off Periods’ and Contract Law in Florida

By Michael Pike and Daniel Lustig |

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 »

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Contract5

Florida Appeals Court Reverses in Breach of Contract Claim

By Michael Pike and Daniel Lustig |

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 »

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ConstLiti

Florida Construction Law: What is a Contractor’s Final Payment Affidavit?

By Michael Pike and Daniel Lustig |

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 »

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GavelBooks

Florida Appeals Court Stops Consumer-Led Class Action Against BJ’s Wholesale Club

By Michael Pike and Daniel Lustig |

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 »

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ContractBreach2

Florida University Faces Breach of Contract Lawsuit From Textbook Company

By Michael Pike and Daniel Lustig |

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 »

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Legal5

Florida Appeals Court: Contract Lawsuit Dismissed After Creditor Failed to Produce Original Note

By Michael Pike and Daniel Lustig |

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 »

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Contract6

USDA Suspends Florida Company’s PACA License Over Breach of Contract

By Michael Pike and Daniel Lustig |

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 »

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Bank2

Florida Appeals Court Reinstates a Deficiency Action

By Michael Pike and Daniel Lustig |

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 »

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CommerLitigation

Four Tips to Protect Your Trade Secrets

By Michael Pike and Daniel Lustig |

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 »

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ContractBreach

What Compensation Can Be Recovered Through a Breach of Contract Claim?

By Michael Pike and Daniel Lustig |

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 »

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