Tag: legal-action
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Section 522(f): Forward to the Past or Back to the Future?
In Florida, there has been a lot of confusion about whether people can avoid judgment liens on their property in bankruptcy. The law has been unclear for a long time, and there have been different opinions from judges. It’s important for bankruptcy lawyers to understand this issue and how it could affect their clients. The…
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The Impact of Unlicensed Contractor Activities
If you’re working in construction, you need to have a license from the Florida Department of Business and Professional Regulation. This is important because without a license, any contracts or legal rights you have might not be enforceable. This means that if you want to change your business structure or merge with another company, you…
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The New Homestead Trap: Surviving Spouses Are Trapped by Life Estates They No Longer Want or Can Afford
Florida’s homestead laws are causing problems for surviving spouses. The cost of living in their homes has gone up, including property taxes, insurance, and special assessments for hurricane damage. Many surviving spouses can’t afford to live in their homes anymore and want to move, but they’re trapped because they can’t sell or change their life…
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The Status of Florida Law on Contract Zoning: Practical Drafting Suggestions to Avoid Contract Zoning Claims in Settlement Agreements
In 1956, the Florida Supreme Court ruled that local governments cannot make secret deals with developers to change zoning laws in exchange for certain conditions. The case, Hartnett v. Austin, involved a challenge to the City of Coral Gables’ decision to rezone a property for commercial use. The court ruled that requiring future contracts between…
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Proving Standing to Foreclose a Florida Mortgage
Proving standing to foreclose on a mortgage in Florida is difficult because of the complexities of securitization. Many mortgages were sold to trusts and pooled with other mortgages to be sold to investors. The trusts are governed by pooling and servicing agreements, and there are different entities involved such as trustees, servicers, and custodians. Despite…
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Venue Considerations in Construction Disputes
When there’s a problem with a construction project, it’s important to think about where any legal action should take place. Most of the time, the place where a lawsuit can be brought is determined by a law called the general venue statute. There are also specific rules about where construction disputes can be heard, which…
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Potential Problems in Condominium Terminations
In 2007, the Florida Bar was asked to make it easier to end condo agreements. They made a proposal to change the law, which was then expanded to include older condos. The new law made it easier to end condo agreements and has helped end many condo projects that weren’t working out. The steps to…
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Partial Termination, Good Things Can Happen to Bad Projects
In the past ten years, the real estate market has been crazy. First, prices went way up, and now they’ve fallen a lot and are slowly going back up. Lots of people, even some who weren’t experienced, didn’t realize the real estate bubble was about to burst. They built condos hoping to sell them as…
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The Subcontract Contingent Payment Clause: How Does It Affect the Construction Industry?
In simple words, a contingent payment clause in a subcontract means that the subcontractor takes on the risk of not getting paid by the owner. This is usually not good for the subcontractor because they may not be able to afford not getting paid. It can cause them a lot of problems, even if they…
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Homestead Sweet Homestead? How Code Enforcement Liens Should Be Treated Under the Constitutional Homestead Exemption
Cherry picking is when someone only looks at information that supports their opinion and ignores other information that doesn’t. This happens a lot in the legal field, especially when it comes to homestead property law. People will often only focus on certain court cases that seem to say code enforcement liens can’t be put on…
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Trust Protectors Under Current Florida Law: A Passing Trend or Valuable Planning Tool?
Trust protectors are an important tool in estate planning, especially for long-term trusts. They can help make changes to the trust as needed, to accommodate changes in tax laws and the lives of the trust beneficiaries. They have been around for a long time and are not just for offshore trusts. Trust protectors can provide…
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This Party’s Dead! But Will the Lawsuit Survive?
When someone involved in a lawsuit dies, it can get very complicated. There are rules from the court and from the probate process that lawyers have to follow. This can be tricky, because not all lawyers know both sets of rules well. But there are ways to handle it. The court rules tell lawyers how…
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Pregnancy Discrimination-Rights, Remedies, and Defenses
In 1978, Congress passed the Pregnancy Discrimination Act (PDA) to make sure that pregnant employees are treated fairly at work. This means they should get the same treatment, like time off and benefits, as other employees. The PDA doesn’t mean pregnant employees should get special treatment, just fair treatment. Later laws like the Americans With…
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The Perils of (Reporting and) Not Reporting Sexual Harassment
Summary: A man was injured at work and hired a lawyer from a big law firm to help him get compensation. The lawyer didn’t do a good job and the man lost a lot of money. He sued the lawyer and won the case. Three years ago, an article was published in The Florida Bar…
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Another Look at the Notice Requirement of the Florida Private Sector Whistleblower’s Act
The Florida Whistleblower’s Act protects employees from being punished by their employer for reporting illegal activity. There is a question about whether employees have to tell their employer about the illegal activity and give them a chance to fix it before they can sue. The law says that employees with 10 or more co-workers can’t…
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Time Limitations and Court Supervision in Class Actions Under the FLSA and the ADEA
Basically, when someone files a lawsuit, they might think that the time limit for the lawsuit is paused. But for certain laws like the Fair Labor Standards Act (FLSA) and the Age Discrimination in Employment Act (ADEA), this might not be true. If the lawsuit is on behalf of other people too, the time limit…
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Business Is Business: Recognizing Referral Relationships as Legitimate Business Interests Protectable by Restrictive Covenants in Florida
Your client built a successful medical equipment business by earning the trust of doctors who referred patients to his company. He hired a trusted employee to help with the referrals, but she left and started her own competing business. She used the information she had about the doctors’ preferences to win them over. Now, the…
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Outrunning Contractual Noncompete Undertakings: Does the 11th Circuit’s Palmer & Cay Decision Offer Earlybird Specials for Florida Forum Shoppers?
In the case Palmer & Cay, a court ruled that a noncompete agreement in Florida could potentially be unenforceable in Florida because of a decision made in a Georgia court. This seems unfair and conflicting with other court decisions. However, it’s possible that a Florida court could still have the final say on whether the…
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Ouellette v. Wal-Mart Stores, Inc., and Florida’s Minimum Wage Law: Are Class Actions for Minimum Wage on Florida’s Horizon?
In 2004, Florida’s voters and the First Circuit Court of Appeal made it easier for workers to sue their employers for not paying them enough money. The court ruled that a group of workers could sue Wal-Mart together, even though each worker had different damages. Around the same time, Florida also changed its constitution to…
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Taking the Fight to the Bullies: Tortious Interference Liability for Both Employer and Attorney on Baseless Restrictive Covenants, Part I
If a lawyer hears the words tortious interference, they will likely think of an ex-employee being sued for taking their former employer’s customers or for breaking a non-compete agreement. But in Florida, employees can also sue their former employer if the employer unfairly causes them to lose their new job by threatening legal action over…
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Distinguishing Chicken Little from Bona Fide Whistleblowers
Whistleblowers are important for holding companies accountable, but they should be protected from retaliation. Florida has a law to protect whistleblowers, and there are also federal laws. This article compares the different laws and suggests some changes that could be made. The Florida Whistleblower’s Act protects private employees who report their employer for breaking the…
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Emerging Protections for Nursing Mothers in the Workplace
Working parents, especially women, face unique challenges balancing work and childcare. In recent years, courts have made important decisions to protect nursing mothers in the workplace. In 2013, the Fifth Circuit Court of Appeals ruled that discrimination against lactating mothers is a form of pregnancy and sex discrimination. In 2015, the U.S. Supreme Court also…
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Practical Implications of Murphy Oil on Employee Waivers: An Ecological Disaster or a Dissenter’s Pipeline to Freedom?
The Wagner Act, now called the NLRA, gave employees the right to form unions and go on strike. It also created the NLRB to enforce these rights. Employees can now use social media to improve working conditions, and there’s even an NLRB app for information. But there’s still disagreement over the limits of these rights.…
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Are Arbitration Agreements Necessary for Class-Action Waivers To Be Enforceable?
The Supreme Court recently decided that employers can use arbitration agreements to block employees from joining together in class-action lawsuits. This means that if you have a problem at work, you may have to go to arbitration instead of being able to join with your coworkers in a lawsuit. It’s still unclear whether this decision…