Tag: news

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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Understanding Breaches of Fiduciary Duty by Corporate Boards Under Florida Law

This article provides a primer on corporate fiduciary duties and board breaches under Florida law. If you have questions about breaches of fiduciary duties by corporate directors and officers, please contact Bernhard Law Firm at http://www.bernhardlawfirm.com, 786-871-3349, abernhard@bernhardlawfirm.com.… Read More Understanding Breaches of Fiduciary Duty by Corporate Boards Under Florida Law

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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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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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Fraud by Corporate Officers and Directors in Florida: Legal Implications and Protections

Corporate fraud committed by officers and directors can have severe financial and legal consequences for both the company and its stakeholders. In Florida, corporate officers and directors are bound by fiduciary duties that require them to act in the best interests of the company. When they breach these duties through fraudulent actions—such as misrepresenting financial statements, embezzlement, or insider trading—they can face significant civil and criminal penalties. Florida case law has reinforced the importance of transparency and honesty in corporate governance, with key cases highlighting the liability for fraudulent conduct. Understanding these legal risks and protections is essential for businesses and individuals involved in corporate governance to prevent and address fraud effectively.… Read More Fraud by Corporate Officers and Directors in Florida: Legal Implications and Protections

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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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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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Condo Association Board Guide to Defending Special Assessments: From 40-Year Recertifications to Reserve Shortfalls

This article provides an in-depth guide on why special assessments may be necessary, how condo associations can defend their decisions, and the key factors unit owners should understand about their rights and responsibilities.… Read More Condo Association Board Guide to Defending Special Assessments: From 40-Year Recertifications to Reserve Shortfalls

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