As counsel for the plaintiff in a case involving internet theft, Payton & Associates defeated a petition for certiorari. Plaintiff sued three defendants. Plaintiff settled with one of the defendants. One of the two remaining defendants sought discovery of the...
Miami Business and Commercial Law Blog
DO YOU KNOW WHAT TIME IT IS? OR, CONTROLLING THE TOO TALKATIVE WITNESS
If you were in a deposition right now, with your hands folded on top of the table in front of you, with your watch covered by your shirtsleeve and were asked “Do you know what time it is?” do you know the correct way to respond? You stretch out your arm to which your...
DOES COVID-19 PROVIDE AN EXCUSE FOR NON-PERFORMANCE OF A CONTRACT?
The question of almost every party to a contract that remains to be fully performed is whether Covid-19 is an act of God that will excuse performance by the party who has yet to complete performance. The starting point in any such inquiry is the written agreement...
DOES COVID-19 PROVIDE AN EXCUSE FOR NON-PERFORMANCE OF A CONTRACT?
The question of almost every party to a contract that remains to be fully performed is whether Covid-19 is an act of God that will excuse performance by the party who has yet to complete performance. The starting point in any such inquiry is the written agreement...
Can a Judgment Creditor Garnish a Contractual Obligation?
If you think a commercial contract can protect you from a garnishment, you may well be wrong. While proper wording of a contract is essential to safeguard your interests and provide a path to recovery in the event of a default, the courts have made it clear that a...
Should You Consider Arbitration?
In my more than 40 years as a trial lawyer, I have seen arbitration go from being vilified because it divested the courts of jurisdiction over civil disputes to becoming the preferred form of dispute resolution in many commercial situations.For those who are...
Is Your Website ADA Compliant?
Under the Americans with Disabilities Act (ADA), most businesses are required to make all electronic and information technology accessible to people with disabilities, including their websites. Otherwise, you may be surprised by a lawsuit from plaintiff's lawyers who...
When Florida lenders act in bad faith
When companies in Florida look to expand or move into a better space for their operations, they may decide to purchase commercial real estate. This can be a very important decision for the company and one that needs to be done carefully. There are also many steps to...
Hertz did not receive proper services in breach of contract claim
There are various different contracts that companies enter into in Florida. Some of these contracts involve buying tangible goods and products from another company. Other times the company is paying another company to perform various services for the company. However,...
Statute of limitations for a contract dispute
There may have been a time when people in Florida would make agreements based on conversations and a handshake. Some may wish this was a viable option for operating a business. The reality is that people and businesses need to have written contracts. It is the written...
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