Attorney Peter Mavrick’s client, a condominium association, recently prevailed in an appeal before the Florida Unemployment Appeals Commission. The appeal was from an adverse decision made by an unemployment appeals referee following the termination of the condominium association manager. The manager was terminated for what appeared to be disloyalty and lack of candor to her [...]
Florida’s Fourth District Court of Appeal reversed, in part, a Broward Circuit Court temporary injunction involving a non-competition covenant between business competitors. 4UORTHO, LLC v. Practice partners, Inc., Physician Wellness Products, LLC, et. al., 18 So.3d 41, 43-44 (Fla. 4th DCA 2009). The injunction prohibited “soliciting any practices which are current or prospective clients” of the plaintiff, [...]
The recent Third District Court of Appeal opinion in Reliance Wholesale, Inc. v. Godfrey, 2010 Fla.App.LEXIS 19459 at * 9 (Fla. 3rd DCA December 22, 2010), held that where a non-competition covenant is drafted as an “independent covenant,” as distinguished from a “dependent covenant,” a material breach defense premised on the employer’s alleged failure to pay [...]
Attorney Peter Mavrick recently obtained dismissal of an employee’s federal and state law claims for race discrimination, hostile work environment, and retaliation against a medium sized corporation. The employee’s lawsuit followed the EEOC’s issuance of a right to sue letter against the employer corporation. The employee contended that the employment termination was based on race, even though the employer [...]
Abel v. Southern Shuttle Services, Inc., 620 F.3d 1271 (11th Cir. 2010), affirmed summary judgment for a shuttle company that was sued for overtime wages. The shuttle company won the case because it showed it was not subject to the federal overtime wage law, i.e., the Fair Labor Standards Act, because of an exemption under the Motor Carrier Act. [...]
In a recent December 2010 Eleventh Circuit case, an employer had a favorable jury verdict overturned for failure to timely assert a crucial affirmative defense. In Diaz v. Jagmar Management Group, LLC, 2010 U.S.App.LEXIS 25361 (11th Cir. December 13, 2010), the Eleventh Circuit reversed a jury’s verdict that the employee was exempt from the federal [...]
Peter Mavrick, a Fort Lauderdale lawyer, recently successfully defended a local company, Roadrunner Permit Processor, Inc., that was sued for receipt of allegedly unwanted advertising. However, the plaintiff also advertised its contact information in printed advertisements. Roadrunner contended that it did not violate any law because the printed advertisements constituted a solicitation for Roadrunner’s and [...]
Peter Mavrick, a Fort Lauderdale lawyer, successfully defended a professional recruiting business for alleged theft of trade secrets. The case was venued in Circuit Court, and followed departure of certain key employees from a company who then started their own business. Before hiring attorney Peter Mavrick, the client corporation tried to show the plaintiff corporation [...]
ATTORNEY PETER MAVRICK RECENTLY RECOVERED PAYMENT FOR SUBCONTRACTOR IN CONSTRUCTION CASE Peter Mavrick, a Fort Lauderdale lawyer, recently recovered funds owed to his client, a construction subcontractor in a case venued in Palm Beach Circuit Court. The settlement was paid by a general contractor to attorney Peter Mavrick’s client, Scotti M. Glass & Mirror, Inc., [...]
EMPLOYER PREVAILS IN OVERTIME CASE BASED ON MOTOR CARRIER EXEMPTION Attorney Peter Mavrick recently successfully represented a Miami corporation, FLX of Miami, Inc. (“FLX”), that prevailed in an overtime wage case filed by a former employee. FLX transports freight in local, national, and international commerce. The case was venued in federal court in Miami, Florida. [...]
