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 ›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…
Continue reading ›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…
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 ›To enforce a non-compete agreement, it is not sufficient to merely show that the scope of the restrictions in the non-compete agreement are reasonable. There must between a connection between the restrictions of the non-compete agreement and the business information. For example, if a business has a legitimate business interest in its product pricing information,…
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…
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