“Fool me once, shame on you. Fool me twice, shame on me,” is common sense. It also is a principle of law recently affirmed by the U.S. Court of Appeals for the Eleventh Circuit. Parties that claim that they were defrauded by another generally cannot claim fraud a second time based…
Parties to a contract can agree to arbitrate certain disputes within a contract. As discussed in many of our previous articles, resolving a dispute through arbitration can affect the scope and amount of discovery, the speed of resolution, as well as the ultimate result of the case. Whether a particular…
The decision whether to bring a case in federal court or Florida state court can have significant consequences to the disposition of non-compete litigation. While both federal and Florida will usually apply the same substantive law, the procedure applied differs. This is particularly pertinent in non-compete litigation. Florida courts, when…
Commercial relationships are governed, in significant part, by contract law. When disputes arise between businesses, the interpretation of the terms of the parties’ agreement often will determine which side prevails. Litigants in contract disputes will often seek to gain advantage by bringing in testimony and evidence which supports their own…
An “implied contract” is a principle of law whereby courts will bind a party to an implied agreement when the elements of a contract are not otherwise met (an offer by one party over a matter which each party must provide some form of consideration which is accepted by another…
Florida law permits a person or company to sue under a business contract which that party did not actually agree to because that person or business is a “third-party beneficiary” to the contract. A third-party beneficiary is an entity which receives a benefit under a contract but is not one…
Attorneys’ fee provisions in contracts can significantly influence how a dispute will be resolved. An aggrieved party can become emboldened if an attorneys’ fees award is available as a prevailing party. At first blush, it may appear prudent for a business to have its contract contain an attorneys’ fee provision…
Preservation of a business’ trade secrets may constitute a legitimate business interest that justifies the enforcement of a non-compete agreement. However, it is vital that a business seeking to enforce the non-compete agreement sufficiently prove the existence of the trade secret. General statements that the business has such valuable information…
Resolving a dispute through arbitration can affect the scope and amount of discovery, the speed of resolution, as well as the ultimate result of business litigation. Whether a particular dispute between parties is arbitrable is defined by what the parties agreed to. Arbitration clauses often narrow the scope of arbitrable…
Trial of a business dispute through the court system or through arbitration can have significant consequences. As discussed in previous articles, resolving a dispute through arbitration can affect the scope and amount of discovery, the speed of resolution, as well as the ultimate result of the case. Arbitration of a…