Easy Law Finder

Tag: legal-action

  • Enforcing Non-Compete Agreements: What You Need to Know

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    1. The data showed a significant correlation between exercise and improved mental health. 2. The survey results indicated that most participants preferred shopping online over going to physical stores. 3. The experiment demonstrated that plants grow better with regular exposure to sunlight. 4. The research findings suggested that regular meditation can reduce stress levels. 5.…

  • Legal Battles: No More Business Competition.

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    1. The sky appears blue because when the sun’s light reaches the Earth’s atmosphere, the shorter blue wavelengths are scattered more than the other colors. 2. The moon’s gravitational pull causes the ocean tides to rise and fall. 3. The Earth orbits the sun because of the gravitational force between the two bodies. 4. The…

  • “Getting Clients from Your Previous Job Could Get You in Trouble.”

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    1. The court ruled that an employee can be taken to trial for violating non-disclosure and loyalty provisions, even without a non-compete or non-solicit agreement. 2. It is unlawful for an employee to take actions that harm their employer for the benefit of a competing business, even while still employed. 3. In the healthcare industry,…

  • How to Collect Condo Fees: 5 Steps for Getting Unpaid Assessments

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    1. Review the governing documents: The first step in collecting assessment revenue through a condominium assessment lien is to review the governing documents of the condominium association. This includes the declaration of condominium, articles of incorporation, and bylaws, as well as any rules and regulations. These documents will outline the specific procedures and requirements for…

  • Watch Out for Hidden Defects: The Dangers of the Ticking Clock

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    – Latent construction defects are a common issue in residential construction. – Florida law imposes a 10-year time limit for bringing legal action based on construction defects. – Homeowners often lose their right to bring a claim for latent construction defects due to a lack of awareness of the time limit. – Providing notice or…

  • What to Do If You Get Hit by a Car While Riding Your Bike

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    – Leave the roadway to avoid further injury from traffic. – Call 911 and report the incident to the police. – Seek immediate medical attention, even for minor injuries, as some injuries may not show symptoms immediately. – When documenting the incident, it is important to collect information from the driver, such as their name,…

  • Understanding How Paternity is Established in Florida

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    – Establishing paternity is crucial for a child’s right to know their biological father and for legal implications such as inheritance rights and access to medical history. – In Florida, paternity can be established from the child’s birth until the child turns 22, with the option to sign a voluntary Acknowledgment of Paternity or initiate…

  • Resolving Disputes in Florida Condo Associations and HOAs

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    – The Florida Condo Act requires certain disputes to be submitted to mandatory non-binding arbitration with the Florida Department of Business and Professional Regulation (DBPR). – Disputes involving board member recalls and certain other issues must be resolved through arbitration. – Title disputes, interpretation/enforcement of warranties, fee/assessment levies, collection of assessments, eviction/removal of tenants, breaches…

  • Unauthorized Damage to Trees by Others

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    1. Carol’s neighbor, Jim, cut down a significant portion of Carol’s trees, causing them to die. 2. The owner of a tree has the right to seek compensation for damage or destruction of the tree. 3. A property owner can sue for compensatory, statutory, and punitive damages in the event of tree damage. 4. State…

  • Florida Supreme Court Explains Healthcare Industry

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    1. Referral sources can be considered a protectable business interest under Florida’s non-compete statute. 2. The Court provided guidance on which types of business assets can justify enforcing non-compete or non-solicit agreements in all industries. 3. The Florida non-compete law requires companies to show that they have one or more legitimate business interests in enforcing…

  • Understanding Construction Easements in Florida’s Eminent Domain Process

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    – Temporary Construction Easements (TCEs) in Florida are temporary legal agreements that grant government entities or contractors the right to access a portion of private property for construction purposes. – Property owners are entitled to receive fair compensation for granting a TCE, taking into account factors such as the duration of the easement, the property’s…

  • “Preventing and Understanding Hostile Work Environments in Florida: Legal Tips and Strategies”

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    – In many workplaces, employees face challenges such as demanding supervisors, uncomfortable dynamics, and crass language. – Quitting a job without a backup plan in Florida can affect eligibility for unemployment benefits. – Employees can contribute to a healthier workplace by interacting respectfully, knowing workplace policies, participating in training, reporting inappropriate behavior, and seeking support…

  • “Questions about Severance Pay: What You Need to Know”

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    – Employers are generally not required to provide severance pay under the Fair Labor Standards Act. – Companies often ask employees and contract workers to sign severance agreements to avoid potential disputes and maintain good-will. – The amount of severance pay offered varies based on factors such as length of employment, position, company size and…

  • Understanding Non-Compete Agreements in Florida

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    1. Non-compete, non-solicitation, and other restrictive covenant agreements are valid under Florida law. 2. These agreements must be reasonable in time, area, and line of business, and must be signed by the person against whom enforcement is sought. 3. The person seeking enforcement must prove the existence of legitimate business interests justifying the restrictive covenant,…

  • Tax Implications of Guaranteeing a Loan to Your Business

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    1. If a guarantor is required to pay principal or interest on a loan guaranteed by their corporation, it may result in a bad debt deduction. 2. The bad debt may be classified as either a business or nonbusiness bad debt, with different tax implications for each type. 3. For the guarantee to be treated…

  • Enforcing Non-Compete Agreements for Doctors

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    1. A Florida court upheld a temporary injunction against a cardiovascular surgeon for violating non-compete and non-solicit provisions in his employment contract with First Coast Cardiovascular Institute, P.A. 2. FCCI had plans to expand its practice in Putnam County, Florida and had made investments to deepen its relationship with Putnam County Medical Center. 3. Dr.…

  • Understanding Your Rights as a Waterfront Property Owner in Florida

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    – Riparian rights include the right to access, dock, boat, fish, and have an unobstructed view of the water. – The construction of a dock does not give the owner title to the submerged lands underneath it. – Docking is limited by the line of deep water (line of navigability) to prevent blockage of the…

  • Understanding Attorney’s Fees in Florida

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    – Attorney’s fees in Florida are only available if allowed by contract or statute. – Attorney’s fees incurred outside of litigation may be recoverable as compensatory damages, if pled as special damages in a later lawsuit. – Non-litigation related attorney’s fees may be recoverable as special damages if they were necessary due to a tortfeasor’s…

  • “Florida Law Requires Proof of Ownership Before Foreclosure Lawsuits”

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    1. In Focht vs. Wells Fargo Bank, the Second District Court of Appeal upheld the precedent that a plaintiff in a foreclosure action must prove it had standing at the time it filed the foreclosure complaint in order to maintain the action. 2. Standing in the legal context is defined as having a legally protectable…

  • Are You Actually an Employee and Not an Independent Contractor?

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    1. The Eleventh Circuit ruling in Romera v. Razzle Dazzle Barbershop, Inc. affirmed that a salon in Miami correctly classified certain barbers as independent contractors. 2. The outcome of the case was based on unique evidence and legal strategies used by the attorneys representing both sides, and does not mean that all barbers can be…

  • Resolving Business Disputes: SGR Law Experts Can Help

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    – The American litigation process is different from systems in other industrialized nations. – There are two principal court systems in the United States: the courts of the individual states and the federal courts of the United States. – The state court system in Georgia is comprised of two courts of general jurisdiction handling most…

  • “Legal Battle: Court Upholds Employment Agreements”

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    1. Four physicians in Tampa, Florida left their practice group to work with a local competitor. 2. They had previously signed employment agreements that included non-compete and non-solicit provisions. 3. The court enforced these provisions against the physicians. 4. The case serves as a reminder that non-compete disputes can be expensive and unpredictable. – The…

  • Ending Condo Ownership in Florida: What You Need to Know

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    1. Two main scenarios lead to the termination of condominiums: a nearly uninhabitable condition or a developer’s offer to purchase the property for alternative development. 2. The Florida Condominium Act’s termination provisions were revised in 2007 to include the optional termination process, which eased the strict requirements for termination. 3. The optional termination process now…

  • Common Questions about Disputes in Florida Business Partnerships

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    – A partnership in Florida is created when two or more people associate to carry on a business for profit. – Intent to form a partnership can exist even without a written or verbal agreement. – The formation, operation, withdrawal process, and dissolution of a Florida partnership are typically governed by the Florida Revised Partnership…