Monthly Archives: May 2016

Direct Action Versus Derivative Action: When Does an LLC Member Have Standing to Bring A Suit Against Another Member?

If an LLC sustains a loss that causes the company to lose value, its members are never pleased. However, that loss is compounded when that member believes the loss was due to the tortious conduct of another LLC member. This scenario presents an interesting, and increasingly frequent, issue of Florida law: when does a member of an LLC have individual standing to bring suit against fellow members— i.e. a direct action—as opposed to having to file a derivative claim on behalf of the LLC? Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Landlord and Tenant: Duties to Maintain Property

Leases for residential real property are governed by Florida Statute Sections 83.40 through 83.682; leases for commercial real property are governed by Sections 83.001 through 83.251. In addition to these statutory requirements, landlords and tenants must understand their rights and obligations under their written lease agreement. The focus of this post is landlords’ and tenants’ rights and obligations, under residential and commercial leases, to maintain the leased property. Read Full Post

CATEGORY: Florida Condominium Law Blog Practice Areas: ,

Get by with a Little Help from Your Friends: Important Considerations to Make When Entering into a Joint Venture in Construction

As the construction industry continues to boom, joint ventures have become increasingly common for contractors. Entering into a joint venture with another company can have enormous upside: it can provide a contractor with access to a new market, a broader geographic reach, new building techniques or knowledge, access to new and evolving equipment, and additional financing and bonding capacity. Further, a joint venture instantly increases working capital, manpower, equipment, specialized expertise and talent, and other resources that can be committed to a large project. Lastly, by allocating risk associated with a project among two or more contractors, each contractor’s risk is reduced. Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Effective Use Of Demonstrative Evidence And Trial Props In Commercial Litigation

How is it possible to determine the most effective way to present your case, while at the same time maximizing information the trier of fact is able to retain? It is well-known fact that individuals learn in many different ways. Accordingly, this makes it increasingly difficult for litigators to deduce what strategies to employ in order to help individuals best understand and retain information. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

Why Courts in the Eleventh Circuit Should No Longer Apply Denham’s Small and Recurring Numerosity Exclusion

An involuntary bankruptcy case is typically commenced by a petition joined by at least three petitioning creditors. However, an involuntary petition may be filed by a single petitioning creditor if the debtor has 11 or fewer “qualified” creditors. This is often called the “numerosity” requirement. The Bankruptcy Code, in Section 303(b)(2), expressly defines which creditors count in the numerosity requirement. In determining whether there are 11 or fewer creditors, certain creditors are ignored, including (a) any employees of the debtor who are also creditors, (4) any “insiders” of the debtor who are creditors, and (3) any creditors who received voidable transfers under §§ 544, 545, 547, 548, or 724(a) of the Bankruptcy Code. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

How to Turn Up the Heat on Freeloading Tenants Through Aggressive Litigation

In a Landlord-Tenant relationship, there is always the possibility of bad blood emerging between the owner/lessor of the real estate and the tenant/lessee who leases that real estate. One of the most common causes for such bad blood results from disagreements surrounding the payment, or lack thereof, of rent. Landlords should be aware that once a landlord files a complaint against a tenant, a tenant must pay money and attention. The purpose of this blog post is to provide an overview of the “pay-to-play” system of eviction litigation in Florida, practical steps, and analysis for landlords to efficiently evict a defaulting tenant, while at the same time maximizing their potential to recover rent owed under the lease. This blog will explore § 83.232, Florida Statutes, as well as its significantly similar residential counterpart, § 83.60(2), Florida Statutes. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas:

What You Need to Know About Commercial Real Estate Lease Agreements: Part III

This blog post is part III in a series of posts providing an overview of important considerations for commercial lease agreements. Regardless of whether a landlord or tenant, there are numerous issues that all parties should consider prior to entering into a commercial lease agreement. Part I addressed mandatory and suggested commercial lease agreement terms and the legal duties and obligations of the parties involved. Part II discussed the enforceability of certain lease agreements, tort liability for both landlords and tenants, and the use of personal guarantees. Part III will focus on a tenant’s remedies, claims and defenses when a landlord breaches a commercial lease agreement. Read Full Post

CATEGORY: Florida Commercial Real Estate And Land Use Law Blog Practice Areas: , ,

Wrongful Denial of Insurance Coverage in FL: How Do Bad Faith Claims Work?

When you purchase an insurance policy, your expectation is that you will be covered in unanticipated circumstances. However, if your insurer ends up denying your coverage for a legitimate claim filed under a valid policy, the insurer might be acting in “bad faith” and you may be able to bring a claim against the insurance company. An insurer’s wrongful denial of coverage constitutes a breach of contract and an insurer that denies coverage on a mistaken but sincere belief that coverage does not exist will bear the risk of consequences. Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: