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Category Archives: Commercial Litigation

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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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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ConstContract

Construction Lawsuit: Broward County Courthouse Construction Slowed By a Contract Dispute

By Michael Pike and Daniel Lustig |

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 »

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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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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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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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