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Category Archives: Commercial Litigation

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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Attorneys Michael Pike and Daniel Lustig in the Daily Business Review “After South Florida’s Lawyer’s Suicide, Fight Over Alleged Misappropriated Funds”

By Michael Pike |

Connecticut-based Twin City Fire Insurance Co., an affiliate of the Hartford Financial Services Group, has filed a federal lawsuit in Florida denying any liability for former West Palm Beach lawyer Leonel R. Plasencia, who killed himself in 2017, allegedly before turning over settlement money owed to clients in a personal injury case. Michael J…. Read More »

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Business

Florida Commercial Law: What is a Business Tort?

By Michael Pike and Daniel Lustig |

A business tort (also known as an economic tort) is a wrongful act that arises out of a business transaction or business relationship. If a company sustained significant financial losses as a result of the wrongful conduct of another party, that company may have a valid civil claim for damages. At Pike & Lustig,… Read More »

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Lit2

Four Things You Should Do Before You Sign a Business Contract

By Michael Pike and Daniel Lustig |

Contracts are the cornerstone of modern commercial relationships. A business that relies on well-crafted, properly executed agreements is a business that is far more likely to thrive in the current economic environment. Unfortunately, many Florida companies run into serious problems with their contracts. One of the biggest mistakes business owners and operators make involves… Read More »

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