Category: ADA

Florida Supreme Court Dismisses Appeal in Favor of Our Client – Timeliness of Appeal Notice Proves Critical

The Florida Supreme Court has dismissed an appeal against our client, despite a certified conflict from the District Court of Appeal. The dismissal highlights the critical importance of complying with the 30-day deadline under Rule 9.120(b) to invoke the Court’s discretionary jurisdiction—failure to do so can result in automatic dismissal, regardless of the merits.… Read More Florida Supreme Court Dismisses Appeal in Favor of Our Client – Timeliness of Appeal Notice Proves Critical

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Big Win: Federal Court Slashes Opposing Party’s Fee Demand by Over 90%

Engaged solely to fight an inflated attorney’s fee demand, our firm secured a major win—cutting the opposing party’s $72,000+ request by over 90% in federal court. The court found most of the claimed hours excessive. Contact us if you’re facing similar fee litigation.… Read More Big Win: Federal Court Slashes Opposing Party’s Fee Demand by Over 90%

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Bernhard Law Firm Represents at Law Day Oral Argument Before the Sixth District Court of Appeal

We are proud to announce that Bernhard Law Firm recently had the privilege of appearing and arguing at the Law Day Oral Argument for the Sixth District Court of Appeal, hosted in the historic Frank Lloyd Wright building at Florida Southern College. The argument focused on the enforcement of forum selection clauses, a crucial issue in contract law that can significantly impact the resolution of legal disputes. We are grateful to Florida Southern College for their hospitality and to the Sixth District Court of Appeal for the opportunity to present before such a distinguished panel.… Read More Bernhard Law Firm Represents at Law Day Oral Argument Before the Sixth District Court of Appeal

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Great 2024 of Community Service: Bernhard Law Firm Volunteering with Uplift Literacy

As 2024 comes to a close, we are thankful for the great work of Uplift Literacy, a nonprofit dedicated to helping children in underserved communities develop essential literacy skills. Through weekly tutoring sessions, Bernhard Law Firm witnessed firsthand the transformative work by Uplift and the Miami schools’ staff, empowering young learners to read proficiently by the end of third grade. We are proud to have contributed to Uplift Literacy’s mission and look forward to continuing our support in the year ahead.… Read More Great 2024 of Community Service: Bernhard Law Firm Volunteering with Uplift Literacy

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Bringing Holiday Cheer: Bernhard Law Firm’s Toy Drive Success

This holiday season, Bernhard Law Firm had the privilege of giving back to the community by participating in a toy drive benefiting children in need. We were able to deliver a trunk full of hundreds of toys to spread holiday cheer. Seeing all the donations from around the Miami community was a heartwarming reminder of the power of community and the true spirit of giving. We’re grateful to Jackson Memorial for this opportunity and look forward to continuing our efforts to give back in the years to come.… Read More Bringing Holiday Cheer: Bernhard Law Firm’s Toy Drive Success

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Challenging Attorney’s Fees in Florida Federal Courts

In Florida’s federal courts, challenges to prevailing party attorneys’ fees can be a critical aspect of litigation strategy. Understanding the legal framework and the criteria for a prevailing party is essential for effectively disputing fee claims. This article delves into the complexities of attorneys’ fees, examining key practices such as block billing, duplicative charges, and excessive fees. We’ll explore relevant Florida federal case law that sets important precedents, and outline strategies for challenging unreasonable fee requests, including seeking relief from judgment when necessary. Whether you’re an attorney or a party involved in litigation, this guide provides essential insights for navigating the intricacies of attorneys’ fees in federal court.… Read More Challenging Attorney’s Fees in Florida Federal Courts

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Arbitration Without Consent? – A Primer on Advance Consent as the Foundation of Arbitration

The consent to arbitrate generally comes in a contract signed in advance of a dispute. Without consent, a person much generally resort to the courts rather than arbitration. If you have questions about arbitration without advance consent, please contact Bernhard Law Firm at abernhard@bernhardlawfirm.com… Read More Arbitration Without Consent? – A Primer on Advance Consent as the Foundation of Arbitration

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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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