Author: Miami International Attorneys, P.L.

Miami International Attorney

Bernhard Law Firm is granted leave to seek punitive damages in banking theft litigation

Bernhard Law Firm

It is difficult to imagine a set of facts wherein a[n account manager] could have acted with any greater degree of gross negligence as to indicate a wanton disregard of the rights of his client. We deal here, in our view, with an ‘entire want of care or attention to duty,’ a ‘great indifference to the persons, property or rights of others,’ which has long been sufficient to justify a punitive damages award. … Read More Bernhard Law Firm is granted leave to seek punitive damages in banking theft litigation

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Bernhard Law Firm’s article addresses self-executing acceleration notices and Snow v. Wells Fargo

In the article, Bernhard Law Firm addresses the recent decision from the Third District Court of Appeal in Snow v. Wells Fargo Bank, N.A., holding that a lender’s issuance of a letter demanding payment did not constitute an acceleration of the debt, and thus did not trigger the commencement of the five year statute of limitations.… Read More Bernhard Law Firm’s article addresses self-executing acceleration notices and Snow v. Wells Fargo

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Bernhard Law Firm engaged to appeal arbitration order in consumer transaction dispute, files appellate briefs.

Bernhard Law Firm

Appellee has in every way treated the buyer’s order as abandoned, invalid, and unenforceable. Appellee immediately failed to adhere to any of its provisions, and both parties acquiesced to these failures. Appellee went so far as to issue an apology letter to put the matter behind it. Given this mutual abandonment, the Court should find that there is no valid and enforceable contract between the parties, reversing enforcement of its arbitration provisions below.… Read More Bernhard Law Firm engaged to appeal arbitration order in consumer transaction dispute, files appellate briefs.

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Resolving Disputes Through Declaratory Relief: Your Primer to Florida’s Declaratory Judgment Act

Bernhard Law Firm

The goals of the Declaratory Judgment Act include: (i) relieving litigants of the old common-law rule that a declaration of rights cannot be adjudicated unless the right has already been violated; (ii) rendering practical help in ending controversies which have not reached a stage where other legal relief is immediately available; (iii) settling uncertainties with respect to rights, status, or other equitable and legal relationships; (iv) avoiding multiple suits; and (v) providing clarity where technical or social changes have placed in doubt one’s rights, immunities, status, or privileges. … Read More Resolving Disputes Through Declaratory Relief: Your Primer to Florida’s Declaratory Judgment Act

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HELP KIDS – Drug Free Youth In Town (DFYIT) is a non-profit substance abuse prevention org empowering kids ages 11-18

DFYIT’s mission is to support the development of healthy, productive drug-free youth. DFYIT focuses on reducing the risk factors that lead youth to use and abuse drugs and alcohol and engage in negative, antisocial behaviors by enhancing protective factors. Students are provided the opportunities to promote their pledge to be drug free and to be leaders through community service and are recognized and rewarded for living and promoting a drug free lifestyle.… Read More HELP KIDS – Drug Free Youth In Town (DFYIT) is a non-profit substance abuse prevention org empowering kids ages 11-18

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Bernhard Law Firm files new fraud lawsuit and is engaged to reorganize medical research company

This is the [the Purchaser’s] action . . . relating to ownership of the rooftop patio and balcony enclosure appurtenant to the [Penthouse]. Before purchasing the unit, the Defendants repeatedly represented—in communications, walk-throughs, deed, certificate, inspections, and reports—that the unit included this balcony enclosure and rooftop patio. … Read More Bernhard Law Firm files new fraud lawsuit and is engaged to reorganize medical research company

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How abusive serial ADA litigation is eroding the right to sue for the disabled

how the abusive practice of serial ADA litigation (shakedown lawsuits) destroys standing under Title III of the American Disabilities Act (the “ADA”). Title III of the ADA provides that no individual shall be discriminated against on the basis of disability in a place of public accommodation, requiring removal of physical barriers at public commercial facilities. 42 U.S.C. § 12182(a).… Read More How abusive serial ADA litigation is eroding the right to sue for the disabled

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