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Articles About Business Litigation

Courts Look for Goldilocks Sweet Spot in Awarding Fees for RFA

Published: May 29th, 2018

By: Timothy W. Sobczak

After a plaintiff won a $2 million wrongful death verdict against two tobacco companies, his lawyers sought almost $1 million in attorney fees and expenses. Attorneys argued that the tobacco company defendants should reimburse the plaintiff for the enormous cost of proving facts that were so obviously truthful that they should not have been contested […]

Courts Look for Goldilocks Sweet Spot in Awarding Fees for RFA

Published: May 29th, 2018

By: Timothy W. Sobczak

After a plaintiff won a $2 million wrongful death verdict against two tobacco companies, his lawyers sought almost $1 million in attorney fees and expenses. Attorneys argued that the tobacco company defendants should reimburse the plaintiff for the enormous cost of proving facts that were so obviously truthful that they should not have been contested […]

Setoffs in Construction Defect Case Leave Plaintiffs Feeling Shortchanged

Published: May 16th, 2018

By: Thomas P. Wert

Plaintiffs in a complex Florida construction defect case settled for $2.7 million with 10 subcontractors and then won additional damages at trial against remaining defendants. Imagine their surprise when the judge applied the settlement money to offset the trial award in what is called a “setoff,” slashing their trial award by $2.7 million. The judgment […]

Chambers USA 2018 Recognizes Six Dean Mead Attorneys for Legal Excellence

Orlando, Fla. – Dean Mead has been ranked among the top Florida law firms in Chambers USA 2018 America’s Leading Lawyers for Business, an annual publication by Chambers and Partners. The rankings include six of the firm’s attorneys in the categories of Tax and State and Local Taxation. The attorneys receiving the prestigious recognition include: […]

Frivolous Lawsuits Can Backfire and Lead to Malicious Prosecution Lawsuits in Florida

Published: May 1st, 2018

By: Joseph K. Naberhaus

A Florida appellate court has opened the door a little wider for aggrieved parties to sue when they are the targets of frivolous litigation. Litigation can be expensive and aggravating, and the courts, in principle, discourage meritless lawsuits that are intended only to punish a defendant by forcing the expenditure of time and money. The […]

Jury Refuses to Hold Homebuilder Liable for Home Invasion

Published: April 16th, 2018

By: Anna E. Ketcham Michael J. Furbush

A homebuilder faced a $6 million lawsuit after a pregnant woman was kidnapped and shot by intruders who entered an upscale residential subdivision through open gates. But a Florida jury took just 30 minutes on Feb. 28, 2018, to find for Meritage Homes in a negligent security case that rested largely on whether leaving the […]

You Can’t Take It With You: Noncompetes Protect Referral Sources

Published: March 26th, 2018

By: Daryl J. Krauza

Referral Sources Can Be Protected in Noncompete Agreements A bedrock principle of noncompete law is that employers have the right to protect customer lists in noncompete agreements. But should referral sources – lists of people or businesses that don’t buy anything but may refer others – receive the same protection as customer lists? The Florida […]

Litigation Client Alert – Changes to Florida LLC Law

Published: February 6th, 2018

By: A. Felipe Guerrero

In 2013, the Florida Legislature adopted a new LLC act that created Chapter 605 of the Florida Statutes. The revised law became effective for all Florida limited liability companies on Jan. 1, 2015, regardless of when they were organized. The Florida Legislature adopted amendments to Chapter 605 that became effective on July 1, 2015. Many disputes […]

Recent Court Decisions Offer Conflicting Guidance on Trademarks

Published: February 2nd, 2018

By: David P. Hathaway

While imitation may be the sincerest form of flattery, every business expects rivals to keep hands off its trademarks. A recent decision by the U.S. Court of Appeals for the 11th Circuit and an earlier ruling by the trial court in the same case send a mixed message for trademark holders, said David P. Hathaway, […]