Verizon accused Netflix of unfair trade practices under FDUTPA for displaying error messages blaming ISPs for slow streaming. Netflix argued the messages were accurate and informational. Moreover, consumer surveys showed most users already blamed ISPs for streaming issues, likely making Verizon’s deception claims difficult to prove.
With only 2.5% of Florida attorneys nominated for Florida Super Lawyers "Rising Stars" 2014 list, Tampa lawyer, Jeff Lieser, of Lieser & Skaff is honored to receive this distinction for the second consecutive year.
An Army Soldier’s Pasco County home was occupied by squatters who claimed a verbal agreement allowed them to live in the home rent-free. Because the police deemed it a civil matter and there was no lease, only an unlawful detainer action (not eviction) could resolve the matter.
A written Joint Venture Agreement (JVA) is crucial to avoid disputes, even among close friends or relatives. Without one, legal battles over fiduciary breaches, fraud, or self-dealing can arise, as seen in the South Florida case of three friends who went into business together that ended in a $21.5 million judgment.
In a quiet title action, the Plaintiff asks the court to declare the sole legal title to a property. It is commonly used for tax deeds, adverse possession and prescriptive easements, as an alternative to probate, or alongside other real estate claims. Defendants can also counterclaim to establish their own title to the property.
Although non-compete agreements are presumed to be valid in Florida, they can be challenged based on material breaches by the employer, overly broad restrictions, unreasonable durations, or geographic scope. Courts also evaluate whether the agreement protects legitimate business interests. Consult an experienced employment lawyer to assess enforceability of a non-compete agreement.
The Economic Loss Rule (ELR) originally limited claims in contract disputes to breach of contract, barring tort claims like negligence or fraud for purely economic losses. Florida's Tiara ruling, however, restricted ELR to product liability cases, opening the door for tort claims in contract disputes which can expose parties to broader liability.
Construction lienors must serve a timely “Notice to Owner” to preserve lien rights while manufacturers of “specially fabricated materials” must follow similar, but different, rules. To protect against lien liability, property owners should record a Notice of Commencement as well as obtain lien releases and contractor affidavits before making payments.
Commercial landlords can face construction lien liability for tenant improvements if tenants hire contractors and fail to pay them. To avoid this, landlords should include lien prohibition clauses in lease agreements, record the lease and a notice, promptly respond to lien-related demands, and require contractor indemnity agreements.
Domestic drywall in some U.S. homes may corrode metal, damage appliances, and cause health issues like headaches, respiratory problems, and seizures. Suspected causes include sulfide gas off-gassing, radioactive phosphogypsum, or the use of recycled Chinese drywall. Homeowners with potentially dangerous drywall should consult their insurance company, obtain an inspection, and consult an experienced construction defects attorney.
