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Category Archives: Commercial Litigation

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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Contract8

Understanding Contract Law: What is a Forum Selection Clause?

By Michael Pike and Daniel Lustig |

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 »

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Contract

What is a Frustrated Contract?

By Michael Pike and Daniel Lustig |

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 »

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CommLiti

Florida Appeals Affirms Class Action Certification, FDUTPA Violations in Claim Involing Vague “Environment Fee”

By Michael Pike and Daniel Lustig |

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 »

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CorpDef

Does a Customer List Qualify for Trade Secret Protection in Florida?

By Michael Pike and Daniel Lustig |

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 »

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Contract3

NBA Star Zion Williamson Files Amendments in Claim Against South Florida Marketing Company

By Michael Pike and Daniel Lustig |

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 »

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