The article discusses attorney Andrew Bernhard’s lawsuit on behalf of consumers against a large regional car dealership, and the effect of an arbitration provision in an abandoned buyer’s order. … Read More Attorney Andrew Bernhard Quoted in Automotive News
Attorney Andrew J. Bernhard of Bernhard Law Firm presented oral argument to Florida’s Third District Court of Appeal on July 8, 2015.… Read More Attorney Andrew J. Bernhard presents argument to the Third District Court of Appeal
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.
Abandonment of a contract is a renunciation of the contract, and that neither party can thereafter request specific performance of the abandoned contract’s provisions.… Read More Contract Abandonment May Automatically Rescind an Agreement to Arbitrate
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