We recently wrote articles on a litigant’s ability to recover prevailing party attorney’s fees under the American Rule. The Rule prohibits attorney’s fees unless they are authorized by statutes or by a contract provision. Q.H. v. Sunshine State Health Plan, Inc., 305 So. 3d 543 (Fla. 4th DCA 2020) (“Under the American rule, a court…
Continue reading ›Restrictive covenants, such a non-compete and non-solicitation agreements, are important tools for businesses to protect their business interests. Restrictive covenants are enforceable if they are reasonable in time, geographic area, line of business, and supported by a “legitimate business interest.” Fla. Stat. § 542.335. Legitimate business interests can include protection of substantial relationships with specific…
Continue reading ›Earlier this week we explored the American Rule and its prohibitions against recovering attorney’s fees unless a contractual provision or statute permits the prevailing party to recover those attorney’s fees. We also explored two difficulties that can arise when a party seeks to recover his or her attorney’s fees under a statute. The first difficulty…
Continue reading ›Recovering attorney’s fees is governed by the American Rule. This rule generally prohibits a party from recovering his or her attorney’s fees unless the fees are expressly permitted pursuant to a contract, statue, or rule. Q.H. v. Sunshine State Health Plan, Inc., 305 So. 3d 543 (Fla. 4th DCA 2020) (“Under the American rule, a…
Continue reading ›It is important for employers to properly classify their employees as exempt or non-exempt under the Fair Labor Standards Act (FLSA). Under the Fair Labor Standards Act, if an employee works more than forty hours in a week, the employee must be paid an overtime rate of at least 1.5 times their regular hourly rate…
Continue reading ›Class actions are generally large lawsuits involving many plaintiffs bringing the same claims against the same defendant. These lawsuits can arise in a number of scenarios including employer/employee relationships. See Calderone v. Scott, 838 F.3d 1101 (11th Cir. 2016) (employees brought a class action lawsuit against their employer for violating Florida minimum wage laws). The…
Continue reading ›A plaintiff seeking permanent injunction must satisfy a four-factor test before a court can rule it is entitled to an injunction. A plaintiff must demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance…
Continue reading ›A claim of accounting is a useful tool to trace funds or establish claims and liabilities in a fiduciary relationship. To obtain an equitable accounting, the plaintiff must prove the following elements: a fiduciary relationship exists between the parties or the transaction at issue is complex, and (2) the remedy at law is inadequate. Tracfone…
Continue reading ›“Parties to a contract may stipulate to a particular forum in which to resolve future disputes.” Rudman v. Numismatic Guar. Corp. of Am., 298 So. 3d 1212 (Fla. 3d DCA 2020). These clauses are known as forum selection clauses and presumed to be valid unless the party resisting enforcement can demonstrate the clause is unjust…
Continue reading ›If a business receives an administrative charge of discrimination by an employee, or is sued by an employee for alleged violations of an employment statute, can the business sue the employee? Maybe the business can claim the employee defamed it by making false statements about the business. However, the employee will likely claim that the…
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