Skip to Content
Menu Toggle

Author: Jimerson Birr

Combating the Ever Increasing Costs of Experts in Litigation

June 18, 2012 Construction Industry Legal Blog

As the cost of litigation continues to rise, especially the costs associated with retained experts, it becomes more and more imperative to use all means available to limit the costs attributable to your clients whenever possible. If you have been involved in litigation for any length of time, either representing defendants or plaintiffs, it is likely you have had opposing counsel point to the ever increasing costs of the experts you will be required to retain throughout the litigation. It is more likely still that opposing counsel has threatened to require reports from each expert and depose the experts, continuing to increase the costs of litigation that you or your client will be forced to cover. Many times these tactics are used to force early settlement by clients or firms that are unable front the costs associated with retained experts in litigation. When you are confronted with these situations, you and your clients will be well served by Florida Rules of Civil Procedure 1.280 and 1.390.

Florida’s Banking Statute of Fraud Section of Statute 687.0304 Weeds out Frivolous Borrower Claims

June 13, 2012 Banking & Financial Services Industry Legal Blog

Florida’s Banking Statute of Frauds was enacted in order to curb a 1980’s trend of increasing lender liability lawsuits. The enactment of this statute has made it difficult for Plaintiff’s to maintain tort based claims that might otherwise flow from the written loan documents. Typically, such claims involve oral promises pertaining to breach of an oral commitment to lend, breach of an oral agreement to refinance an existing loan, breach of an oral agreement to forbear from enforcing contractual remedies or breach of an oral agreement to take certain actions in connection with the underlying loan. By requiring that loan documents be in writing for a borrower to sue a lender on those types of claims, the Banking Statute of Frauds prevents borrowers from pursuing claims based upon oral representations or understandings. The effect of the Banking Statute of Frauds is to bar tort claims that otherwise may have been colorable under common law.

May 2012 Firm Newsletter

May 30, 2012 Newsletters

Featured in the May 2012 Issue Partner’s Perspective J&C Shareholder Named to Florida Construction Industry Licensing Board J&C Shareholder Named President of the First Coast Chapter of the Risk Management Association New Law Blogs Curiosities, Ruminations and Various Eccentricities of Firm Biz Click to read.

When Does a Standard Lender-Borrower Relationship Become a Fiduciary Relationship Imposing Extra Fiduciary Duties?

May 11, 2012 Banking & Financial Services Industry Legal Blog

In order to state a cause of action in Florida for breach of fiduciary duty, there must exist a fiduciary duty, a breach thereof, and resulting damages. Gracey v. Eaker, 837 So. 2d 348,353 (Fla. 2002). In Doe v. Evans, 814 So.2d 370 (Fla. 2002), a fiduciary relationship was characterized as follows:

May 2012

May 11, 2012 In The News

In a May 11th article in the Jacksonville Business Journal, Charles Jimerson was asked for his opinion regarding a Walmart slip-and-fall case that was thrown out when the plaintiff was found to have committed fraud in the pre-discovery phase of the trial.

Key Sources of Law in Federal Construction Contracting

May 7, 2012 Construction Industry Legal Blog

Occasionally in our firm’s representation of construction companies, materials suppliers, services contractors and sureties, we will find ourselves embroiled in a local, state, or federal contracting dispute. These disputes are nuanced and procedurally driven, requiring knowledge of administrative and contract laws that at times overlap. Whether it is in the bid process, bid protests, post-contract compliance and administration, pricing adjustments or government contracting disputes, we have the experience to represent clients in a myriad of government contracting issues. In doing so, we are required to have an operational knowledge of how the following (among many others) key sources of federal contract law apply to our construction clientele who bid on and obtain contracts for federal projects:

subscribe to legal alerts

subscribe to our blogs

sign up now

Media Contacts

Charles B. Jimerson
Managing Partner

Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050.

we’re here to help

Contact Us

Jimerson Birr