Category Archives: Litigation

What is the New Eleventh Circuit Ruling On Incentive Awards?

An incentive award is a monetary award typically given by the court to the named plaintiff in a class-action case. This is done to compensate the named plaintiff for all of his or her personal time and effort devoted to the case. The public policy behind incentive awards has always been to encourage individuals to take on the role of the named plaintiff in a case, to work closely with the class’s attorneys and other members of the class.



What is the Florida Construction Defect Statute (FCDS)?

Due to the frequency of issues arising out of faulty construction, the Florida legislature has created an alternative method to resolve such disputes that would reduce the need for litigation while protecting the rights of property owners. Under the Florida Construction Defect Statute, a property owner or a condominium/homeowner’s association is required to send a written notice of claim to contractors, design professionals and/or developers to resolve alleged defects before resorting to further legal process. 



What is Suspension and Debarment Under the Federal Acquisition Regulation?

The Federal Acquisition Regulation (FAR) is the statute that prescribes the policies and procedures governing the debarment and suspension of contractors by federal government agencies. It provides that all federal contractors debarred, suspended, or proposed for debarment are excluded from receiving contracts, and agencies shall not solicit offers from, award contracts to, or consent to subcontracts with these contractors, unless the agency head determines that there is a compelling reason for such action. 



Can I Join a Third Party Post-Judgment in Florida?

Once you’ve won your lawsuit and have a judgment against the defendant, you still have to go through the post-judgment process to collect on your award. Simply put, this entails a review of the defendant’s financials and assets to determine how the judgment will be paid. Some defendants try to avoid collection by transferring assets to another third party. How can this be remedied?



What is Defamation Per Se in Florida?

One of the recurrent issues that Miami business lawyers deal with often involves clients suing for defamation, or vice versa, clients being sued for defamation. Defamation, by definition, is the action of damaging the good reputation of someone. It usually involves a false statement of fact that was published or spoken with fault, or in other words, as a result of negligence or malice.