Business Litigation Archives - Page 2 of 3

The Difficulty of Litigating Smaller Cases

Posted on April 10, 2024

For cases with up to $8,000 in controversy, Small Claims Court provides a convenient and user-friendly option where individuals and businesses can obtain relatively quick justice, often without having to hire a lawyer. If you have such a claim, run a search online for the name of your county with...

If You Move to Dismiss Part of a Pleading, Do You Respond to the Rest?

Posted on January 24, 2024

Occasionally, I see good lawyers move to dismiss part of a pleading – maybe one or two counts of a five-count complaint or counterclaim – and simultaneously, needlessly, file an answer to the rest of the pleading “in an abundance of caution.” The good news is that, with just a couple of exceptions, you...

Courier handing envelope to person at desk with laptop.

Understanding Service of Process

Posted on December 6, 2023

After a party files a lawsuit against another individual or company, Florida law requires that the filing party formally notify that individual of the lawsuit. This formal notice is called “service of process.” This requirement is in place to make sure defendants are given an opportunity to appear before the...

Business Litigation on a Hybrid or Contingent Fee?

Posted on November 8, 2023

Business litigation on the traditional hourly fee model is oftentimes expensive and downright cost-prohibitive for many individuals and small businesses. Mindful of the costs, risks, and potential rewards of business litigation, our firm offers three different fee models to prosecute claims on behalf of a plaintiff, or, occasionally, on behalf of a...

Foreign Judgments in the State of Florida

Posted on September 20, 2023

Enforcing an Out-of-State Judgment in Florida Generally, most out-of-state judgments (or foreign judgments) are given “full faith and credit” and can be enforced here in Florida in the same manner as any judgment entered by a Florida Court. However, in order...

Don’t Let Your Opponent Attach Unnecessary Exhibits to Pleadings

Posted on August 23, 2023

By: Jonathan R. Huffman, Esq. Too often, attorneys or unrepresented parties get away with attaching unnecessary exhibits to pleadings. This is sometimes done to embarrass the opposing party. For example, I recently took over a case in which the previous lawyers attached things...

RECOVERING ATTORNEY’S FEES IN A LAWSUIT

Posted on August 20, 2020

Lawsuits are expensive. They can get even more expensive when one party is required to pay the attorney’s fees for the other side. The general rule, also called the “American rule,” is that each party pays their own attorney’s fees and costs regardless of which party wins. This “American rule” allows for...

Non-compete agreement document with glasses and pen on a desk.

TRUTH ABOUT NON-COMPETE AGREEMENTS UNDER FLORIDA LAW

Posted on May 12, 2020

There is a lot of misinformation about non-compete agreements in Florida. The big questions typically stem from confusion about enforceability, time limits, scope, and exceptions. Overall, certain types of employees, as well as parties to the sale of a business, may enter into an agreement not to compete in the same...

ALLEVIATING CONTRACTUAL OBLIGATIONS IN THE MIDST OF THE CORONAVIRUS (COVID-19)

Posted on March 24, 2020

Many Floridians are concerned about how the Coronavirus (COVID-19) will affect their ability to pay long term debts and honor long term contractual obligations. There is little doubt that the economic impacts of this epidemic are vast and will continue to accumulate. Furthermore, the Sunshine State is particularly vulnerable because of the...

Setting Aside a Default Judgment

Posted on February 17, 2020

In Florida, the failure to file a timely response to a complaint can lead to the Defendant losing the lawsuit altogether. However, if action is taken swiftly, the Courts can grant relief to a defendant who may have missed the deadline to file a response if he/she has a recognized excuse for...