Michael L. Feinstein, P.A.

Fort Lauderdale Florida Litigation, Real Estate And Business Legal Blog

Bayer continues with appeals regarding Roundup case

Court cases can often leave businesses in line to lose a considerable amount of money, often millions of dollars, especially if the court rules against the company. In such cases, many business owners and operators choose to appeal verdicts that may not be favorable to them. If successful, appeals can help companies reach better outcomes.

Florida readers may be interested in an appeal currently underway in another state. Bayer, the maker of Roundup, has been tied up in litigation for years over claims that Roundup causes cancer. A groundskeeper filed the initial claim that the use of the product caused his non-Hodgkin's Lymphoma, and a jury initially awarded him $289.2 million. The amount was reduced to $78.5 million by the trial judge, and the Court of Appeal reduced it further to $20.5 million.

Seeking beneficial outcomes to construction disputes

When a Florida business is involved in a construction dispute, the main objective should be to reach a beneficial resolution in a timely manner. Construction of a commercial building can be a lengthy and stressful process, and it does always go as planned. There are many reasons why construction disputes can happen, and it may be necessary to resort to litigation to resolve the problem.

Every party involved in a construction dispute will want to protect their financial interests above all else. A construction company or third party will likely be unwilling to admit fault for a problem with your project. It may be necessary to go through a lengthy investigative period in order to figure out exactly what happened, what issues are affecting the integrity of the project and which party is responsible for addressing it.

GM facing class action litigation over premature engine wear

Having any type of legal claim come against a business can be difficult for owners to handle. When the situation involves class action litigation, companies could be at risk of owing substantial amounts of money to consumers if the court rules against the business. Unfortunately, business owners in Florida and across the country could face this ordeal.

It was recently reported that a class action lawsuit was filed in a federal court sitting in another state against General Motors in relation to the automobile manufacturer's Chevrolet Camaro, including models from 2010 to present. Apparently, the suit alleges that the company did not inform buyers about an issue involving heat shields and the starter motor. Reports indicate that buyers believe that the ineffective heat shields allow more heat to reach the starter motor, which, in turn, causes the electrical conductors to need more power to start the engine.

Construction litigation over Disney resort claims contract breach

Construction company owners undoubtedly want to have smooth projects no matter what they undertake. Of course, clients can be difficult to work with at times, and it is not unusual for serious issues to arise that negatively affect the project. In some cases, it may be necessary for construction litigation to take place if a client causes damages to a company.

It was recently reported that Validus Construction Services has filed a lawsuit against Disney Vacation Club in Florida relating to the remodeling of Disney's Saratoga Springs Resort and Spa. The construction company was hired to oversee the renovations, which were supposed to span from April 2019 until November of that year. However, during the project, a fire code violation that had been unaddressed for over 15 years caused significant delays and additional costs for the project. Disney reportedly refused to provide extensions as requested by the construction company.

Brush up on negotiation techniques for lease restructuring

If the current economic times have hit your business hard, you are not alone. Numerous individuals and businesses have found themselves carefully tracking profits and losses, and you may be among the many feeling the tight grip of financial uncertainty. Though you believe that your business can continue, you know that some changes need to occur.

One change you may have on your mind is restructuring your commercial lease. The amount of rent you pay to utilize your current space could put you in a bind, but you know that you could face penalties for breaking a lease early. However, restructuring could allow you to remain in your current space without completely breaking the lease, but your landlord would have to agree to new terms.

Are you in a position to restructure your commercial lease?

When you first set up shop in your commercial space, you may have felt comfortable with the lease terms. Those terms likely included the length of the lease, the rent you would pay for the space and more. As time has gone on, however, you may have found that the area in which your commercial space resides has proved less than ideal. On the other hand, the market rent in the area may have gone downhill, and you now believe you are paying too much rent for comparable spaces.

Understandably, you may wonder what you can do. After all, paying too much in rent could easily result in losses for your business, and with the current state of affairs around the world and its effect on businesses in Florida and elsewhere, you need to focus on ways to increase your profits. Fortunately, lease restructuring may be an option for you.

Breach of fiduciary duty can lead to business litigation

Putting trust in another person is not always easy. For Florida business owners, trusting outside parties may be necessary when an owner needs certain business-related tasks handled that he or she cannot handle alone. Often, owners enlist the help of financial professionals, trustees, legal professionals and others to help ensure that the business operations run smoothly. If a party violates that trust by breaching his or her fiduciary duty, business litigation could be necessary.

Because putting important business matters in the hands of another party can be a bit disconcerting, most business owners utilize legally binding contracts before entering into a fiduciary relationship. These contracts can help protect the interests of everyone involved and ensure that the parties understand what is expected from the relationship. It can also act as proof for business owners who believe a fiduciary has breached his or her duty.

FTC files lawsuit claiming deceptive business practices

When businesses in Florida or elsewhere face accusations of deceptive practices, they are in a serious predicament. In some cases, the Federal Trade Commission could bring a lawsuit against a company if such practices are suspected. When companies have to defend against these allegations, understanding their legal options is necessary.

Yellowstone Capital LLC will certainly want to determine the best options for handling such claims after a lawsuit was recently filed against the company by the FTC. Yellowstone Capital offers merchant cash advances to small businesses that are unable to obtain loans through other means. These advances allow companies to obtain funds immediately, but they must pay back a higher amount. The FTC claims that the company used deceptive trade practices by advertising that personal guarantees and collateral were not needed for the loans, but the small business owners did have to sign a personal guarantee to repay the loans and offer collateral.

Has a mistake occurred with your construction contract?

Making a bid on a new construction project can be an important time for your company. After all, getting projects is how you and your company make money. If you do land the job, you will likely have to agree to certain contract terms, and you will want to set forth some yourself. Unfortunately, the chance exists that mistakes could exist in a contract.

Even if you feel like you have done a thorough job of reviewing the contract, an error could still rear its ugly head later. If this does happen, you could face the risk of losing out on payment or facing other costly issues, or the other party could claim that you breached the contract, which can also cause serious problems.

Contract disputes arise over lack of celebrity endorsement

Marketing is important for any business. As a result, if a Florida company has a product to sell, it will likely do what it can to ensure that it is marketing to a target audience. Because celebrities often have numerous followers on social media, it is a common marketing practice to pay celebrities to endorse products. Such an arrangement typically involves legal agreements, and if a party does not follow through, contract disputes could arise.

It was recently reported that FabFitFun, a subscription box service that provides beauty products, has filed a lawsuit against JFF Entertainment for breach of contract. Apparently, FabFitFun had come to an agreement with JFF Entertainment in order to have three actresses endorse its service. Ashley Benson, Cara Delevingne and Sarah Hyland were reportedly supposed to receive the product, do unboxings on social media and make subsequent social media posts using specific hashtags to show the products and the subscription service.

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