Under Florida law, every contract has a duty of good faith and fair dealing. A party to a contract generally cannot subvert the very purpose of a contract through an improper exercise of its discretion. A party does not violate the duty of good faith and fair dealing, however, when the parties expressly contemplated the…
Continue reading ›Florida and Maryland’s non-compete laws are protective of business interests in customer relationships and goodwill. Due to the advent of remote working capabilities, there are often cases when the non-compete laws of more than one state may be implicated. For example, a Florida employee may work in Florida for a company based in Maryland, and…
Continue reading ›Employee-plaintiffs face strict deadlines when bringing discrimination claims. The 90-day deadline to file a lawsuit filing receipt of a right-to-sue letter from the EEOC can sometimes be extended if the receipt of the letter was delayed. A recent case before the United States Eleventh Circuit Court of Appeals explained that these time extensions will not…
Continue reading ›Florida businesses seeking to protect their reputation may need to bring a lawsuit under the Lanham Act to protect their trademarks. Defendants in business litigation asserting trademark infringement sometimes defend on the grounds that the plaintiff’s trademark is “generic” and therefore cannot be protected under the Lanham Act. A recent case from the United States…
Continue reading ›Plaintiffs may be tempted to bring as many causes of action into a legal complaint that the facts may allow. Diversity of causes of action in business litigation can provide the plaintiff with different types of remedies and help a suit endure should a legal defect arise concerning any particular cause of action. However, cases…
Continue reading ›For a non-compete agreement to be enforceable, it must be founded on a legitimate business interest which justifies the need for the restraint on competition. A substantial relationship with customers is a common reason asserted to justify the non-compete, however, courts will often examine the exclusivity and nature of the relationship with the customer to…
Continue reading ›An employee can make a claim of unlawful retaliation under federal and Florida anti-discrimination law when he or she complains about racial discrimination, and then is subsequently passed over for a promotion. Actually proving such a claim, however, can be extremely difficult for the employee when the employer expresses a non-discriminatory reason for refusing to…
Continue reading ›An aggrieved party to a contract will sometimes claim that they were fraudulently induced into entering the contract. These types of claims may often be difficult to prove. A plaintiff cannot prevail on a fraudulent inducement claim by simply showing that he or she was deceived. A plaintiff must also show evidence of a defendant’s…
Continue reading ›Businesses involved in breach of contract cases will often dispute the meaning of contract terms. A contract that may seem clear pre-dispute can often be interpreted differently after a dispute has arisen. Litigation concerning whether a disputed contract term is ambiguous can be critical in how a case will ultimately be decided. A business that…
Continue reading ›An issue that can occur in business litigation is that the judge presiding over a lawsuit may be reassigned, retire or pass away. If that occurs, a successor judge will be appointed and he or she will take over the case. This can present a significant issue when a party seeks for the court to…
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