Plaintiffs may be tempted to bring as many causes of action into a legal complaint that the facts may allow. Diversity of causes of action in business litigation can provide the plaintiff with different types of remedies and help a suit endure should a legal defect arise concerning any particular cause of action. However, cases…
Continue reading ›An aggrieved party to a contract will sometimes claim that they were fraudulently induced into entering the contract. These types of claims may often be difficult to prove. A plaintiff cannot prevail on a fraudulent inducement claim by simply showing that he or she was deceived. A plaintiff must also show evidence of a defendant’s…
Continue reading ›Businesses involved in breach of contract cases will often dispute the meaning of contract terms. A contract that may seem clear pre-dispute can often be interpreted differently after a dispute has arisen. Litigation concerning whether a disputed contract term is ambiguous can be critical in how a case will ultimately be decided. A business that…
Continue reading ›An issue that can occur in business litigation is that the judge presiding over a lawsuit may be reassigned, retire or pass away. If that occurs, a successor judge will be appointed and he or she will take over the case. This can present a significant issue when a party seeks for the court to…
Continue reading ›Effective protection of a Florida business’ trademark rights can be critical to the success of the business. Trademark protection can help a Florida business establish a reputation and prevent imitators from taking advantage of that reputation. A recent United States Supreme Court business litigation case held which types of generic marks can be registered with…
Continue reading ›Arbitration is an alternate method of dispute resolution that can help parties avoid some of the expense and consequences of litigation. Commercial contracts will often contain provisions requiring that any claims that arise between the parties be arbitrated. When a dispute arises, the plaintiff will often reconsider its election to arbitrate and pursue matters in…
Continue reading ›Florida businesses that enter into contracts will often place “choice of law” provisions within their contracts. There provisions typically govern which state or country’s laws apply to a given transaction. These clauses are usually enforced by the courts, with some exceptions. While states generally share the same fundamental rules of contract law, the choice of…
Continue reading ›Handling business litigation in one’s home forum, as opposed to a remote location, can have significant strategic advantages and reduce the stress and hassle of litigation. When a Florida business becomes involved in a lawsuit with an out-of-state opponent, that business may be forced to challenge the opponent’s invocation of an out-of-state forum or need…
Continue reading ›Spoliation of evidence is a circumstance that may arise in business litigation when one party fails to preserve or intentionally destroys evidence after becoming aware of an imminent lawsuit. Spoliation is defined as “[t]he intentional destruction, mutilation, alteration, or concealment of evidence [.]” SPOLIATION, Black’s Law Dictionary (11th ed. 2019). Spoliation issues in business litigation…
Continue reading ›Parties involved in a business litigation dispute may sometimes seek extraordinary remedies when they believe the circumstances warrant it. A party will sometimes seek to enjoin or compel another’s conduct to prevent them from causing irreparable harm through their action or inaction. In business litigation, one party often tries to get the court to order…
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