Blog Posts in 2011
Posted on Oct 13, 2011 By Amanda Jassem Jones
Absent a contractual provision to the contrary, every commercial lease agreement entered into in the state of Florida carries an implied covenant of peaceable and quiet enjoyment. The covenant of ...
Continue reading "Commercial Landlords Beware of Breaching the Ever Expanding Implied Covenant of Quiet Enjoyment" »
Posted on Jul 18, 2011 By Amanda Jassem
Before 2001, Florida courts required that plaintiffs in slip and fall cases involving transitory objects or substances prove that the business owner had actual or constructive knowledge of the ...
Continue reading "A Victory for Business Owners against Slip and Fall Plaintiffs" »
Posted on May 11, 2011 By Alex Rosenthal
Generally, in order to bring a non-resident to Florida to defend a case for breach of contract, there must be more than an obligation to pay in the state to support constitutional due process ...
Continue reading "Florida has Very Long Arm(s) When it Comes to Personal Jurisdiction" »
Posted on Apr 26, 2011 By Alex Rosenthal
In business there are many situations where taking risks separates successful businesses from unsuccessful ones. This most often arises in the area of legal risks. Taking on liability in a contract, ...
Continue reading "Taking risks in your business and your life; find the right lawyer to help you navigate through it." »
Posted on Apr 21, 2011 By David H Reimer
Perhaps it is because of current economic conditions or simply because the topic has not received much public discussion lately, but more and more employers are asking whether covenants not to compete ...
Continue reading "Why do Florida Employers Still Think They Cannot Enforce Non-Compete Agreements." »
Posted on Apr 12, 2011 By David H Reimer
Few of us probably know that there is a difference between a decorator and an interior designer. However, to those that qualify as interior designers there is a big difference and historically the ...
Continue reading "Is Florida on a Path Toward Deregulating Professions?" »
Posted on Mar 30, 2011 By Alex Rosenthal
In another blow to employers, the United States Supreme Court recently held that a verbal complaint to an employer is equal to a written complaint if it results in retaliatory employment conduct by ...
Continue reading "The Door is opened wider for Employees to Sue under the FLSA" »
Posted on Mar 3, 2011 By Alex Rosenthal
In a startling new decision by the Florida Third District Court of Appeal on March 2, 1011, the Court in MGM Construction Services Corp. v. Travelers Casualty & Surety Co. of America, et. Al., ...
Continue reading "BEWARE OR REJOICE (depending on who you are): Unlicensed Contractors May Have a Remedy After All" »
Posted on Feb 22, 2011 By Alex Rosenthal
A recent trend among employers has become excluding from consideration for employment any candidate who is unemployed. Some experts believe that discrimination against the jobless may violate civil ...
Continue reading "Employment policies that require candidates to be employed in order to apply may violate Federal discrimination laws." »
Posted on Feb 22, 2011 By Alex Rosenthal
In a recent case, a Florida court held that a loan disguised as a sale can be considered a usurious loan transaction if the vendor is obligated to repurchase the property at an amount which would ...
Continue reading "BEWARE: A LOAN DISGUISED AS A SALE CAN BE DEEMED UNENFORCEABLE IF YOU’RE NOT CAREFUL" »
Posted on Feb 21, 2011 By Alex Rosenthal
One of the biggest mistakes clients make that jeopardize their case is retaining counsel too late. Whenever clients try to resolve their legal matters on their own they typically do not anticipate the ...
Continue reading "A common mistake that may jeapordize your case." »
Posted on Feb 21, 2011 By Alex Rosenthal
In yet another affirmation of the strength of the Florida Landlord Tenant Act, the Fourth District Court of Appeal recently held that a commercial tenant's failure to pay accruing rent into the court ...
Continue reading "Commercial Tenant Must "Pay to Play" the Game of Litigation " »
Posted on Feb 21, 2011 By Alex Rosenthal
Florida law has suddenly become crystal clear that a tenant cannot get out of depositing rent into the Court Registry merely by arguing that the landlord's default notice is someone defective. ...
Continue reading "A TENANT MUST PAY RENT INTO THE REGISTRY OF THE COURT TO ASSERT ANY DEFENSE - EVEN THAT THE DEFAULT NOTICE WAS DEFECTIVE " »
Posted on Jan 21, 2011 By Business Litigation Attorney
We are pleased to announce the launch of our new Florida Business and Commercial Litigation and law blog! We have an RSS feed available for you here .
Continue reading "Welcome to our Florida Business and Commercial Litigation Law Blog!" »