Category: Fraud Law

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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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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Andrew Bernhard’s Article on Deceleration Cited in Deutsche Bank’s Appellate Motion in Deutsche Bank v. Beauvais

Andrew Bernhard’s Florida Bar article on Deceleration is cited in Deutsche Bank’s motion for rehearing to the Third District Court of Appeal’s decision in Deutsche Bank v. Beauvais.… Read More Andrew Bernhard’s Article on Deceleration Cited in Deutsche Bank’s Appellate Motion in Deutsche Bank v. Beauvais

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The Arbitration Game Is Changing in Florida

Florida Supreme Court’s 2014 decision of Basulto, v. Hialeah Automotive reflects a new judicial resistance to enforcement of arbitration provisions without review of the arbitration provision’s terms or the circumstances surrounding execution of the arbitration agreement. Businesses and consumers should be aware of this changing tide in arbitration enforcement to adequately exercise or protect their rights.… Read More The Arbitration Game Is Changing in Florida

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