Florida Business Litigation Lawyer Blog

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…

For a non-compete agreement to be enforceable, it must be founded on a legitimate business interest which justifies the need for the restraint on competition. A substantial relationship with customers is a common reason asserted to justify the non-compete, however, courts will often examine the exclusivity and nature of the relationship with the customer to…

An employee can make a claim of unlawful retaliation under federal and Florida anti-discrimination law when he or she complains about racial discrimination, and then is subsequently passed over for a promotion. Actually proving such a claim, however, can be extremely difficult for the employee when the employer expresses a non-discriminatory reason for refusing to…

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…

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…

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…

A party may seek to reform (change the terms of a contract) a contract when there is erroneous term in the wording of the contract, which was the product of a mutual mistake (made by both parties), a unilateral mistake (made by one party), or inequitable conduct by one party in making the contract. Florida…

In defense against an employment lawsuit asserting discrimination, religious organizations can assert they are exempt from Title VII of the Civil Rights Act of 1964 based upon the “ministerial exemption.” The exemptions permitted religious organizations were explored in a recent employment law article on the case Bostock v. Clayton County, Georgia, 17-1618, 2020 WL 3146686…

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…

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…