A Trusted Advocate in Complex Commercial Litigation

With many years of state and federal trial, arbitration, and appellate experience, Payton & Associates, LLC represents corporations and individuals in a broad spectrum of complex commercial business litigation matters.

Our practice areas include commercial real estate and construction litigation, lender liability, shareholder and partnership disputes, and professional liability claims for both plaintiffs and defendants.

Some representative cases include the following:

Business Litigation

Defended minority member of limited liability company sued by the company and other members to compel voting on capital call and to refinance corporate real estate. After three opportunities, plaintiffs' case was dismissed with prejudice for failure to state a cause of action.

Obtained dismissal with prejudice of a multimillion dollar counterclaim against an alleged manager of an LLC after the court permitted counter claimants six opportunities to amend their original counterclaim.

Successfully represented subsidiary of major publishing and national advertising companies in their dismissal with prejudice of complaint challenging their dot-com real estate advertising site.

Successfully defended former wife in 14-day, non-jury trial in which former husband claimed interest in wife's multi-family residential development. Verdict for defendant.

Obtained consent judgment in six figures in a business partnership/joint venture dispute and collected entire award during post-judgment proceedings in the U.S. District Court for the Southern District of Florida.

Corporate officer who signed agreement on behalf of corporation that contained arbitration clause was named as a party to the arbitration as well as his corporation. Obtained decree from court compelling officer to arbitrate, although he was a non-signatory to the agreement in his own capacity.

Fraud

Successfully represented customer in claim against national bank for negligence in allowing client's accountant to embezzle funds. Claim of $660,000, settled for $1,075,000.

Fiduciary Duty

Obtained judgment for shareholders in derivative action against officer violating fiduciary duties. Judgment in excess of $10 million.

Contract Disputes

Defended signatories of promissory note that declared it was joint and several. The note had seven extensions, each of which was signed. Defense was that under facts, makers were severally liable, not jointly and severally liable. Settled $6.7 million debt for $3.4 million.

Successfully defended county school district in three-day, non-jury trial in case involving contractor's suit for non-payment. Counterclaim by school district for excess cost of completion. Judgment for school district.

Successfully represented plaintiff in six-week jury trial for breach of oral lifetime employment agreement resulting in $1 million verdict for plaintiff.

Successfully represented school district in architect/engineer professional malpractice case in connection with faulty design of school. Settlement before deposition in seven figures.

Successfully represented holder of secret formula used to make world famous liquor in termination of licensee's worldwide distribution agreement.

Successfully represented employer against employee in breach of non-compete agreement. Final judgment in favor of employer.

Health Care Contract Litigation

Successfully represented critical care substance abuse clinic in five-day jury trial against insurance carrier for non-payment. Verdict for plaintiff.

Commercial Real Estate Litigation

Successfully defended seller of commercial property against claim of fraud by the purchaser. Six-day jury trial resulted in verdict for seller.

Successfully defended seller in arbitration claim by purchaser for specific performance of purchase and sale agreement of luxury condominium. Arbitration award of no liability to seller.

Successfully represented developer of residential community who sued contractor for delay in completion and failure to discharge claims. Settled at the first deposition for full payment plus attorneys' fees.

Successfully defended a major South Florida developer's claim to multimillion dollar letter of credit.

Professional Liability

Successfully represented developer in claim against surveyor for malpractice. Settled claim before depositions for 100 percent of damages.

Successfully defended national law firm against malpractice claim. Settled before depositions for $1,000.

Represented community bank in federal and state RICO action claiming loss in excess of $700,000. Settlement before merit discovery for $6,000.

Successfully defended numerous commercial foreclosure cases. Defense resulted in profits to owners through negotiated sale to third parties at appreciated prices.