Private adjudication provides the parties in a civil lawsuit two alternatives to court: (1) voluntary trial resolution (VTR) or (2) voluntary binding arbitration. These alternatives grant the parties of a lawsuit a path that avoids the traditional court litigation route.
Does Motion for Extension of Time Waive Rights in Arbitration?
Revised Florida Arbitration Code The Revised Florida Arbitration Code was initially signed into law in 1957, with the revision of the Code being adopted in 2013. As the Florida Bar Association states, the Revised Florida Arbitration Code is composed of three distinct sections: Pre-arbitration matters, such as scope of law that will govern the proceeding…. + Read More…
Will my Business Insurance Cover Coronavirus Losses?
The coronavirus pandemic outbreak within the United States is unprecedented. Therefore, claims arising out of a disease outbreak are almost unknown to U.S. courts.
What is Business Interruption Insurance?
Business interruption insurance (or business income insurance) is a kind of insurance coverage that provides a business with funds that are meant to substitute for income that is lost due to the interruption of the business operations.
How to Prevent an ADA Lawsuit
Many businesses have been concerned about ADA lawsuits and have sought methods to prevent them. While the measures are not particularly complex, they are essential to avoid the frustrations and expenses related to ADA lawsuits.
Florida Coronavirus Executive Orders
Throughout March, Governor Ron DeSantis has issued multiple Executive Orders related to the COVID-19 outbreak. As of March 23, 2020, Governor DeSantis has issued seven Executive Orders directly related to the coronavirus pandemic.
Force Majeure and Excusable Non-Performance in Contracts Affected by COVID-19
Due to the forced closure of many “non-essential” businesses, many contractual obligations have been affected due to the resulting workforce and supply shortages. These disruptions have left many wondering whether “force majeure” provisions will relieve them of their contractual obligations.
The Families First Coronavirus Response Act
The FFCRA applies to only businesses with less than 500 employees. Divisions C and E establish two new laws that will take effect April 2, 2020 and will remain in effect until December 31, 2020 – the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act.
When is the Florida Reciprocity rule for Attorney’s fees Applicable?
Under Florida statute, a court can enforce an attorney’s fees clause even if the original language of the clause did not provide for attorney’s fee for that specific party. This is called reciprocity.
Does a Motion to Dismiss stay Discovery in Florida Civil Litigation?
Discovery is the process that opposing parties use to build evidence against another and is an instrumental part of the adversarial system. The Florida Rules of civil procedure provides when discovery can be limited by the trial court.
My Contractor Stole My Money! What is the Florida Construction Industry Recovery Fund?
If you have ever found yourself asking this question when working with a contractor or construction company, and the project seems to always be going over budget, then you may be entitled to recover from the Florida Construction Industry Recovery Fund.
What are Some Foreclosure Alternatives?
Foreclosure is a lengthy and expensive process that your lender may also be trying to avoid. Your lender may be calling regarding the following alternatives to foreclosure.
Florida Worthless Check Statute
Florida statue §68.065 permits the recipient of a bad check to file a lawsuit to collect on the check.
Residential Security Deposit Laws in Florida
Florida statute provides that a landlord is to refund the full amount of the security deposit, minus any findings of property damage or other incidentals, within 15 days after the tenants move out of the residence.
What You Need to Know About Non-Disclosure Agreements
Breaching an NDA can have serious consequences (e.g., a lawsuit against the person who is revealing the private information). Normally, the remedies for a breach of an NDA are in the NDA itself. Therefore, it is important to have a detailed NDA, which includes what is covered by the contract and the repercussions for disclosing such information.
Higher Stakes in County Court for Florida Civil Lawsuits: What are the Minimum Amounts of Money you can sue for in Circuit Court in Florida?
The Florida court system has two tiers of trial courts; the circuit courts and county courts. Circuit courts have jurisdiction over trials not assigned by statute to the county courts and hear appeals from county courts. Thus, circuit courts in Florida are both the highest trial courts and the lowest appellate courts. Traditionally, the circuit… + Read More…
How do you Serve Process on Corporations?
Service of process in Florida can be made in person as well as by mail. To serve a corporation in person, the plaintiff should coordinate with the sheriff of the county in which the person to be served on behalf of the corporation is located.
Florida Deceptive and Unfair Trade Practices Act
Courts have given some guidance on what constitutes deceptive and unfair trade practices by companies in Florida. A business engages in deceptive practices if the action is likely to mislead the consumer. On the other hand, a business participates in unfair practices if it acts contrary to public policy by behaving unethically or oppressively towards consumers or other businesses.
Can My Boss Fire Me for No Reason?
If you live in an at-will state, you can be fired for no reason at all. However, if you are wrongfully terminated, you may be able to sue.
Who Can Report You to the Credit Bureaus?
Credit report files contain information about a person’s financial debt, including account numbers for current and past debts, loan types and terms and payment history. When a person defaults on loan payments, the creditor may decide to send a report of the late payment(s) to the credit bureaus so that it will be reflected in the customer’s credit file.
Discrimination in the Workplace
Federal law recognizes certain characteristics of individuals as immutable and therefore, protected against discrimination. Identical to federal statute, Florida law forbids workplace discrimination based on race, color, religion, sex, or national origin.
Is it Legal to Record Employees without their Knowledge in Florida?
Do you expect to have a camera watching you while you work? In Florida, for the most part, employers are allowed to record their employees. However, certain exceptions apply.
What Is “Residential Constructive Eviction” In Florida?
In Florida, a residential tenant has a right to enjoy rented property peaceably and quietly. In the event of a constructive eviction, a tenant may terminate their lease with a landlord.
Severing Joint Tenancies Between Non-Married Partners in Washington D.C.
A joint tenancy cannot exist unless there is a present unity of interest, title, time and possession; that is to say, the interests must be identical, they must accrue by the same conveyance, they must commence at the same time and the estate must be held by the same undivided possession.
How to Choose the Best Location for Your Subsidiary
Business owners want to choose a location that will provide the most economic benefits to the company. To accomplish this goal, it is critical to gather information and research the demographics and economic characteristics of the cities you’re interested in.