Business Litigation Attorney Panama City
Business Tort Litigation
Breach of Fiduciary Duty – There are three elements to a cause of action for breach of fiduciary duty. FIrst, the existence of a fiduciary relationship between the parties. Second, the abuse of that relationship, either through improper action or inaction. Lastly, damages resulting from the breach. Actions for breach of fiduciary duty typically occur in the context of business partnership disputes or employer-employee disputes.
Unfair Trade Practices – Allegations of unfair trade practices can occur in the context of consumer protection and to actions between businesses. The Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Florida Statutes, governs lawsuits involving allegations of deceptive acts or practices on the part of businesses against consumers or other businesses. Our civil litigation attorney is experienced and provides aggressive representation in the context of business litigation involving deceptive or unfair business practices.
Interference with Economic Relationships – Florida courts have identified four essential elements of a tortious interference claim. First, the existence of a contract or business relationship under which the plaintiff has legal rights. Second, knowledge on the part of the defendant of the plaintiff’s contract or business relationship. Third, defendant’s intentional or unjustified interference with the contract or business relationship. Lastly, damages occurring as a result of the breach of contract or interference with the business relationship. See Tamiami Trail Tours, Inc. v. Cotton, 463 So. 2d 1126 (Fla. 1985).
Business/Employment Disputes – Business/employment disputes are wide-ranging and encompass matters ranging from discrimination and harassment claims to enforcement of non-compete agreements and misappropriation of trade secrets. Our business litigation attorney can assist with these disputes as well.
Business Professional Liability Defense and Insurance Defense – Professional liability defense protects professionals and businesses from lawsuits and disciplinary actions that could threaten their licenses or reputations. Professional liability insurance provides coverage to professionals from malpractice claims and lawsuits. Our professional liability and insurance defense attorney can represent individuals or entities with defending against Plaintiffs’ malpractice claims.
Mediation and Arbitration – Business litigation often involves alternative dispute resolution, including mediation and arbitration. Arbitration is particularly used in the context of business litigation when parties are bound by a contract provision which selects arbitration as the venue for dispute resolution. Arbitration is a private process outside of the court’s jurisdiction, where disputing parties agree for the dispute to be decided by a neutral arbitrator or panel of arbitrators. Arbitration is different from mediation because in arbitration the neutral arbitrator has the authority to decide the dispute, whereas in mediation, the mediator has no authority to bind the parties or decide the case.
The arbitration process is similar to a trial in that the parties make oral arguments and present testimony and evidence to the arbitrator. However, arbitration is usually completed more quickly than court proceedings and is less formal. After the hearing, the arbitrator issues an award. The arbitration process may be either binding or non-binding. When arbitration is binding, the decision is final, can be enforced by a court, and can only be appealed on very narrow grounds, such as evidence of prejudice or bias by the arbitrator. When arbitration is non-binding, the arbitrator’s award is advisory and can be final only if accepted by the parties.
Injunctive Relief – A court injunction, or injunctive relief, is often available in the context of business litigation, for example to protect against infringement of intellectual property or trade secrets. Injunctive relief is the legal term for seeking a court order to stop a party from committing an action, as opposed to an action for damages, which seeks monetary relief. The issuance of an injunction is an extraordinary remedy that requires a high burden of proof. To obtain an injunction, the petitioner must satisfy a four-part test under Florida law: 1) a substantial likelihood of success on the merits; 2) lack of an adequate remedy at law; 3) irreparable harm absent entry of the injunction; and 4) injunctive relief will serve the public interest. Gainesville Woman Care, LLC v. State, 210 So. 3d 1243 (Fla. 2017).
Contact The Tabbaa Firm today using the Contact Us page on our website or call (850) 270-2000 for a consultation.