EPGD Law Business Litigation
Business Litigation
Oscar Gomez

Can I Collect Attorney’s Fees Under Florida’s Deceptive and Unfair Trade Practices Act?

Unlike other countries, the American rule on attorneys’ fees is that each party must pay the costs of their attorneys. This means, if you’ve hired an expensive attorney to fight for you, you are obligated to pay his costs. Nonetheless, there are two exceptions to the American rule—the contract and statute exceptions. First, if a prior contract that was made between the parties had an attorneys’ fees clause, then the losing party is expected to pay the winning party’s attorneys’ fees. Lastly, a party is permitted to seek the payment of their attorneys’ fees under Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA). A Miami Business Law attorney can advise you if FDUTPA law applies.

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EPGD Law Civil Litigation
Civil Litigation
Oscar Gomez

What Happens to a Civil Lawsuit if a Party Dies?

If a party to a civil lawsuit passes away, the court will typically put the lawsuit on hold, instead of terminating it. This is done temporarily and with the purpose of giving the probate court time to appoint a personal representative for the estate of the deceased party. Through the personal representative, the heir or heirs of the deceased can continue the lawsuit.

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EPGD Law Property Law
Business Litigation
Oscar Gomez

How to meet the direct physical loss requirement to obtain property insurance coverage in the age of COVID-19?

As the country enters yet another month of economic uncertainty with regards to the coronavirus pandemic, a great deal of business interruption cases have surfaced. Companies throughout the United States, including many in Miami, Florida, are seeking coverage for their immense losses throughout this pandemic, specifically claiming direct physical damage to substantiate their business income coverage claims.

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EPGD Law Business Law
Business Law
Oscar Gomez

Can a Foreigner Own an S-Corporation?

A non-resident alien cannot own a S-corporation. Only U.S. citizens and permanent residents can. If a foreigner becomes a shareholder in an S-Corporation, it will lose its S-corporation status.

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EPGD Law Family Law
EPGD Business Law
Oscar Gomez

Common Law Marriage in Florida

The concept of common law marriage originated in English common law. It typically involves a cohabiting couple enjoying the same or nearly the same rights as a legally married couple. Today, only a minority of states recognize common law marriages in the United States. 

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