Category Archives: Contract Litigation
Contract Litigation: ACC Seeks Hold on FSU’s Lawsuit
On February 16th, 2024, ESPN reported that the Atlantic Coast Conference (ACC) is asking the court to put a “hold” on the contract lawsuit filed by Florida State University (FSU). The ACC wants the legal matter in Florida paused until a similar issue is resolved in North Carolina. Here, our Miami contract litigation attorney… Read More »
Contract Law: What is Severability?
When a contract is breached, it is generally assumed to be “void.” In other words, the breach of a contract by one party often frees the counterparty to get out of the deal and pursue available remedies. However, the reality can be more complicated. In some cases, contracts are “severable.” Severability is a legal… Read More »
Florida Attorney General Jumps Into Contract Dispute Between the ACC and FSU
The Atlantic Coast Conference (ACC) is locked in an ongoing contract dispute with Florida State University (FSU). The college wants out of the conference early on the grounds of an alleged breach. In turn, the ACC is suing FSU seeking the payment of a massive early termination fee. Florida officials are now stepping in…. Read More »
When is a Liquidated Damages Provision Unreasonable? (An Overview of Florida Law)
When one party breaches a contract, the other party has the right to pursue all available legal remedies. Most often, this involves seeking financial compensation through a breach of contract claim. In Florida, the non-breaching party is generally restricted to recovering for “actual damages.” That being said, parties may opt to include a liquidated… Read More »
Attorneys Michael Pike and Daniel Lustig in the Daily Business Review “After South Florida’s Lawyer’s Suicide, Fight Over Alleged Misappropriated Funds”
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 »
Understanding Contract Law: What is an Integration Clause?
Contracts are at the foundation of modern business. Many companies rely on their commercial agreements. A well-drafted contract can be the difference between a successful, continued business relationship and a nasty dispute. Companies get into disputes over commercial agreements for a wide range of different reasons. In many cases, there is confusion over what… Read More »
Florida Appeals Court Rules in Favor of Former College Coaches in Contract Dispute
According to reporting from WCTV.tv, Florida’s First District Court of Appeal reversed a 2017 ruling that dismissed the breach of contract claims filed by two former coaches of Florida A&M University. Earl Holmes, the school’s former basketball coach, and Clemon Johnson, the school’s former football coach, both had their employment contracts terminated early. While… Read More »
Florida Contract Law: What is Reformation?
When a contract is breached, there may be several different remedies available to rectify the issues. In the vast majority of cases, the remedy for breach of contract is the payment of compensatory damages. The party that was financially harmed by the breach of contract can be awarded monetary relief to be placed back… Read More »
Can Employers Actually Enforce a Non-Compete Agreement?
Over the last several years, an increasing number of employees have been asked to sign non-compete agreements by their employees. As The Wall Street Journal has reported, litigation over non-compete agreements has exploded over the last decade. This raises some important questions: How strong are non-compete agreements in Florida? When can employees get out… Read More »
Four Things You Should Do Before You Sign a Business Contract
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 »