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 »
Forum Selection Dispute: Tim Hortons Franchisees Suing Parent Company Over Provision Forcing Contract Disputes Into a Miami Court
On May 3rd, 2018, The Star reported that Canadian fast food giant Tim Hortons is a facing a lawsuit from an organization representing a large group of American franchisees. According to the report, Great White North Franchisee Association (GWNFA), which filed the lawsuit, represents nearly half of all U.S.-based Tim Hortons franchisees. The dispute… Read More »
Non-Disclosure Agreements (NDAs): Four Important Contact Clauses
Businesses often need to protect their intellectual property, trade secrets, and unique commercial know-how. In some cases, employees or contractors are required to sign non-disclosure agreements (NDAs). While NDAs can certainly be enforceable in Florida, courts are known to view these agreements with some suspicion. On a fundamental level, an NDA or confidentiality agreement… Read More »
Should I Include an Arbitration Clause in My Business Contract?
With limited exceptions, courts in Florida will enforce mandatory arbitration clauses that are included within business contracts and consumer agreements. As courts defer to these provisions, it is imperative that you think very carefully before inserting or allowing such a provision into your business agreements. If your contract mandates arbitration, you will almost certainly… Read More »
Florida Construction Contract Law Has Been Amended to Address a ‘Gap’
Earlier this year, Florida law regarding construction contracts was amended in order to address a ‘gap’ in the state’s statutes. Specifically, the state legislature modified Florida Statute 95.11(3)(C) to clarify when the statute of limitations begins to ‘run’ in certain types of contract disputes. This amendment became necessary after the state’s Fifth District Court… Read More »
Florida Judge Rules Against Former College Basketball Coach in Contract Dispute
According to reporting from the Tallahassee Democrat, a circuit court judge located in Leon County, Florida, has ruled in favor of Florida A&M University (FAMU) in its contract dispute against its former head basketball coach Clemon Johnson. Mr. Johnson was fired by the University in early 2014 after serving as the school’s men’s basketball… Read More »
Florida Appeals Court Reaffirms Power of Forum Selection Clause in Contracts
On September 6th, 2017, Florida’s Third District Court of Appeal released a decision in the case of Inspired Capital, LLC v. Conde Nast. The underlying dispute in the case centered on the applicability of a forum selection clause that was contained within a licensing agreement. Upon review, the court upheld the lower court’s ruling… Read More »
Could an Email Be a Binding Contract?
When most people think of a contract, they are picturing something that requires hours or days of very careful negotiation, with people working hard to come up with precise language and terms. Yet, forming a contract is actually far easier than most people realize. In fact, you might even have formed a legally binding… Read More »
Contract Dispute: Florida Agency Attempting to Replace a Vendor at Sebastian Inlet
According to reporting from Florida Today, the Florida Department of Environmental Protection (FDEP) is attempting to remove a vendor (J&S Investment Properties LLC) over a contract dispute. The vendor operates a gift shop at Sebastian Inlet State Park, but the agency alleges that the private company has breached the contract, and now they are… Read More »
The Enforceability of Non-Solicitation Agreements in Florida
A non-solicitation agreement is a contract that prevents an employee from leveraging a company’s customers for their own benefit or the benefit of an industry competitor. Often, non-solicitation agreements are part of larger employment contracts that may also include provisions such as a non-compete agreement or a non-disclosure agreement. If your company is using… Read More »
Florida Developer Stuck Contract Dispute With the Tampa Housing Authority
According to reporting from The Ledger, Pinnacle Group Holdings, a Florida real estate development company has brought a breach of contract lawsuit against the Tampa Bay Housing Authority. Last summer, the city’s housing authority cancelled a $7.4 million contract it had with the developer. This occurred after Pinnacle Group Holdings had already put a… Read More »
