The existence of a unilateral mistake contract defense was confirmed by the Florida Supreme Court in Maryland Cas. Co. v. Krasnek, 174 So. 2d 541 (Fla. 1965). The Florida Supreme Court stated, “[a]lthough there is little doubt that the statement
Florida Business Litigation Lawyer Blog
The Florida Business Litigation Lawyer Blog, published by Mavrick Law Firm, focuses on legal issues related to business disputes in Florida. It covers topics such as breach of contract litigation, enforcement and defense of non-compete agreements, trade secret misappropriation, trademark infringement, employment litigation, and claims involving fraud and tortious interference. The blog also discusses procedural aspects like proposals for settlement, injunctions in restrictive covenant and trade secret cases, and equitable defenses such as unclean hands. It provides analysis of relevant Florida statutes and case law affecting business litigation matters in state and federal courts and arbitration.
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MIAMI BUSINESS LITIGATION: PREDISPOSITION TO ENDING A BUSINESS RELATIONSHIP
Lawsuits to prevent unlawful competition can take several forms. A lawsuit may involve the enforcement of a restrictive covenant like non-compete agreements, non-solicitation provisions, or non-disclosure agreements. These agreements are only permitted when supported by a legitimate business interest demonstrating…
FORT LAUDERDALE BUSINESS LITIGATION: ACCOUNT STATED AND OPEN ACCOUNT
Business litigants owed money by another usually sue for breach of contract. However, there are other common law claims that can be asserted along with, or instead of, breach of contract to recover a debt owed by another. One potential…
MIAMI BUSINESS LITIGATION: NOMINAL PROPOSAL FOR SETTLEMENT
Attorney’s fees are only recoverable when authorized by statute of by agreement of the parties. Reiterer v. Monteil, 98 So. 3d 586 (Fla. 2d DCA 2012) (“[A]ttorney’s fees may be awarded by a court only when authorized by statute or…
FORT LAUDERDALE NON-COMPETE AGREEMENT: INJUNCTION DISSOLUTION
Plaintiffs in trade secrets lawsuits and non-compete lawsuits often seek and obtain injunctions preventing defendants from misappropriating the trade secrets or unlawfully competing. Florida’s trade secret statute expressly allows for injunction relief. Fla. Stat. § 688.003 (“Actual or threatened misappropriation…
MIAMI NON-COMPETE AGREEMENT: UNCLEAN HANDS
Unclean hands is an equitable defense akin to fraud. Cong. Park Off. Condos II, LLC v. First-Citizens Bank & Tr. Co., 105 So. 3d 602 (Fla. 4th DCA 2013). “It is a self-imposed ordinance that closes the doors of a…
FORT LAUDERDALE BUSINESS LITIGATION: DEFAMATION BY IMPLICATION
Normally, a defamation claim must be based on one or more false statements. Internet Sols. Corp. v. Marshall, 39 So. 3d 1201 (Fla. 2010) (“The elements of a claim for defamation are as follows: (1) publication; (2) falsity; (3) actor…
MIAMI NON-COMPETE AGREEMENT: AIDING AND ABETTING
Businesses can face challenges when trying to enforce a non-compete agreement against a former employee or other similar actor because that former employee may be receiving assistance from a third-party who did not sign the non-compete agreement. Enforcing the non-compete…
FORT LAUDERDALE BUSINESS LITIGATION: EVIDENCE NEEDED TO OBTAIN FINANCIAL INFORMATION
Individuals can become involved in lawsuits in different ways. Sometimes an individual must commence a lawsuit to protect his or her rights. Other times, an individual must defend himself or herself in a lawsuit brought by another. A third possibility…
MIAMI BUSINESS LITIGATION: FINAL ORDER APPEALS
There are generally two types of appeals in business litigation lawsuits – final appeals and non-final appeals. Fla. R. App. P. 9.110; Fla. R. App. P. 9.130. A final order appeal requires the underlying order to be final as the…