Category: Uncategorized

Bernhard Law Firm Wins Sanctions and Dismissal in Florida Fraud Case After Willful Discovery Abuse

Bernhard Law Firm PLLC secured a decisive win in a Florida fraud case after the Court granted sanctions and dismissed the plaintiff’s claims for willful discovery abuse. Following nearly a year of obstruction—including refusal to appear for court-ordered depositions and failure to produce documents—the Court found that the plaintiff’s conduct violated discovery rules and prejudiced the defense. The ruling reinforces the firm’s ability, featured on FraudLawyersFlorida.com, in defending fraud claims and holding opposing parties accountable when litigation is pursued in bad faith.… Read More Bernhard Law Firm Wins Sanctions and Dismissal in Florida Fraud Case After Willful Discovery Abuse

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Miami Investment Fraud: Common Legal Claims and How Investors Can Recover Losses in Florida

Miami investors lose millions each year to Ponzi schemes, broker misconduct, unregistered securities, and real estate investment fraud. Under Florida securities laws, investors may have legal options to recover losses caused by misrepresentation, unlawful sales practices, or fiduciary breaches. An experienced Miami investment fraud attorney can evaluate whether Florida Statutes Chapter 517 or FINRA rules apply and help pursue recovery through arbitration or litigation before critical deadlines expire.… Read More Miami Investment Fraud: Common Legal Claims and How Investors Can Recover Losses in Florida

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Bernhard Law Firm Secures Florida Supreme Court Victory — Court Denies Appellants’ Motion for Relief, Confirms Dismissal of Untimely Appeal

Bernhard Law Firm won before the Florida Supreme Court, which denied appellants’ motion for relief from dismissal. The Court agreed that appellants’ filings were untimely and jurisdictionally barred, reaffirming that the 30-day deadline to seek review runs from the appellate opinion’s rendition—not the clerk’s mandate—leaving the appeal dismissed with finality.… Read More Bernhard Law Firm Secures Florida Supreme Court Victory — Court Denies Appellants’ Motion for Relief, Confirms Dismissal of Untimely Appeal

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Judgment Execution Strategies in Florida: Recipient Beware

In Florida, judgment creditors have powerful tools to pursue assets transferred by debtors—even after those assets land in the hands of third parties. From proceedings supplementary under § 56.29 to claw-back actions under the Florida Uniform Fraudulent Transfer Act (FUFTA), recipients of a debtor’s property may find themselves liable. This article explores key statutory and equitable strategies creditors use to reach assets and what transferees need to know to protect themselves.… Read More Judgment Execution Strategies in Florida: Recipient Beware

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Understanding Florida’s Legal Requirements for Appellate Motions: Rehearing, Certification of Conflict, and Written Opinion

In Florida appellate law, motions for rehearing, certification of conflict, and written opinion each serve distinct purposes but are governed by strict rules. A motion for rehearing requires highlighting specific issues the court overlooked, while a motion for certification of conflict must demonstrate a clear and substantial legal conflict. Meanwhile, a motion for written opinion must provide a compelling reason for why a written decision is necessary. Understanding these legal requirements is crucial for anyone navigating the appellate process in Florida.… Read More Understanding Florida’s Legal Requirements for Appellate Motions: Rehearing, Certification of Conflict, and Written Opinion

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Appellate Win for Bernhard Law Firm in Miami-Key Biscayne Luxury Jewelry Case: Florida Deceptive and Unfair Trade Practices Act (FDUTPA) Claims Affirmed Dismissed

Bernhard Law Firm secured a significant appellate victory for a Miami-Key Biscayne jeweler, successfully defending against FDUTPA claims and affirming a breach of contract counterclaim. The court ruled that the buyer, an experienced and knowledgeable luxury jewelry purchaser, failed to prove damages or deceptive practices after purchasing a Sylva & Cie jewelry art piece at a fair market price. This win highlights the firm’s strength in defending businesses against baseless claims and enforcing valid contracts.… Read More Appellate Win for Bernhard Law Firm in Miami-Key Biscayne Luxury Jewelry Case: Florida Deceptive and Unfair Trade Practices Act (FDUTPA) Claims Affirmed Dismissed

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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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Defenses to a Florida Copyright Infringement Lawsuit: Understanding Your Options

Facing a copyright infringement lawsuit can be overwhelming, but knowing your defenses can make all the difference. In our latest blog post, we explore essential defenses such as fair use, public domain, and the significance of intent. We also discuss the potential personal liability of business owners and officers in infringement cases. Understanding these aspects is crucial for anyone in the creative industry or business landscape. Dive in to learn how to protect yourself and your rights!… Read More Defenses to a Florida Copyright Infringement Lawsuit: Understanding Your Options

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