If an LLC sustains a loss that causes the company to lose value, its members are never pleased. However, that loss is compounded when that member believes the loss was due to the tortious conduct of another LLC member. This scenario presents an interesting, and increasingly frequent, issue of Florida law: when does a member of an LLC have individual standing to bring suit against fellow members— i.e. a direct action—as opposed to having to file a derivative claim on behalf of the LLC?
How should you determine the most effective way to present your case, while at the same time maximizing information the trier of fact is able to retain? It is a well-known fact that individuals learn in many different ways. Accordingly, this makes it increasingly difficult for litigators to decide on […]
An involuntary bankruptcy case is typically commenced by a petition joined by at least three petitioning creditors. However, an involuntary petition may be filed by a single petitioning creditor if the debtor has 11 or fewer “qualified” creditors. This is often called the “numerosity” requirement. The Bankruptcy Code, in Section 303(b)(2), expressly defines which creditors count in the numerosity requirement. In determining whether there are 11 or fewer creditors, certain creditors are ignored, including (a) any employees of the debtor who are also creditors, (4) any “insiders” of the debtor who are creditors, and (3) any creditors who received voidable transfers under §§ 544, 545, 547, 548, or 724(a) of the Bankruptcy Code.
This blog post is part III in a series of posts providing an overview of important considerations for commercial lease agreements. Regardless of whether a landlord or tenant, there are numerous issues that all parties should consider prior to entering into a commercial lease agreement. Part I addressed mandatory and suggested commercial lease agreement terms and the legal duties and obligations of the parties involved. Part II discussed the enforceability of certain lease agreements, tort liability for both landlords and tenants, and the use of personal guarantees. Part III will focus on a tenant’s remedies, claims and defenses when a landlord breaches a commercial lease agreement.
When you purchase an insurance policy, you expect to be covered in unanticipated circumstances. However, if your insurer ends up denying your coverage for a legitimate claim filed under a valid policy, the insurer might be acting in “bad faith” and you may be able to bring a claim against […]
This blog post is part II in a series of posts providing an overview of important considerations for commercial real estate lease agreements. Regardless of whether a landlord or tenant, there are numerous issues that all parties should consider prior to entering into a commercial lease agreement. Part I addressed mandatory and suggested commercial real estate lease agreement terms and the legal duties and obligations of the parties involved. Part II will discuss the enforceability of certain lease agreements, tort liability for both landlords and tenants, and the use of personal guarantees.
A key consideration in developing a litigation strategy is whether or not insurance coverage applies to the causes of action at issue, which is important for both parties. For the plaintiff, coverage can mean that he has a greater chance of collecting on his judgment if it is going to be paid from insurance proceeds. For the insured defendant, insurance coverage can provide reassurance that, if any monetary judgment is awarded against him, he will not have to satisfy it from his own assets. Equally important, his policy will also probably stipulate that the insurer will provide him with an attorney and legal defense for any claims covered by the policy.
The directors of Florida community association are obligated to discharge their responsibilities to the community in good faith. Board decisions are generally protected by the “business judgment rule” and the theory behind the business judgment rule is that Courts should not substitute their judgment for the judgment of the elected or appointed board members. Simply stated, Courts must give deference to a community association’s decision if that decision is within the scope of the association’s authority and it is reasonable – that is, not arbitrary, capricious, or in bad faith.
No individual or business owner wants to be sued. But, that unfortunate situation is made even worse when news of being sued is followed by learning that, unbeknownst to you, the lawsuit was actually filed some time ago and you have had a “default” entered against you. Of the many questions that would surely race to your mind, the first are likely to be: what is a default? and how do I address the default?
Settlement in big ticket litigation is extremely common. Nationally, about 95% of civil cases settle before going to trial. There are a number of benefits of settling a case, including eliminating the uncertainty of a result presented by trial on the merits, the expense of litigation, and preservation of resources […]