Rising Lawsuit Costs Linked to Decrease in Tort Filings

An analysis of state court data by the Wall Street Journal challenges the notion that Americans are overly litigious and raises questions about prohibitive litigation costs.

According to WSJ, tort lawsuit filings (lawsuits for civil wrongs) declined more than 80% from 1993 to 2015. One of the main factors cited for the decline in tort filings is the high cost of bringing suits. Data from the National Center for State Courts shows that the median cost of civil cases is $43,000 – $122,000.

What to Do When a Contract Is Terminated Without Proper Notice

Many contracts contain a provision that requires notice, usually in writing, to be given in advance of terminating the agreement (commonly known as a “notice period”).

Failure to provide the contractually-required notice can lead to a lawsuit.

Failure by either party to provide the contractually-required notice can result in a breach of contract. If the contract breach results in damages—such as a party not being paid during the notice period—the damaged party may be able to recover their financial losses by filing a breach of contract lawsuit.

Accountants’ Liability for Financial or Investment Losses

You probably understand that when your own accountant performs negligent work that causes you financial losses—such as making tax preparation errors or offering bad business advice—you have legal recourse.

But it is less commonly known that an accountant could be liable for your financial or investment losses even when you did not hire them directly.

You can file a lawsuit against an accountant you did not directly hire.

Oral Brokerage Contracts, Procuring Cause, and Real Estate Commissions

Pure commission-based professionals working in the highly competitive real estate field can face steep challenges even when everyone plays by the rules. So when a broker or agent works to put together a deal but does not receive a commission for their efforts, it can be demoralizing.

Florida recognizes oral brokerage agreements as valid.

Real Estate Agents’ Liability for Errors and Omissions

The Florida real estate market has long been attractive to buyers. As the Sunshine State experiences a construction boom and job growth since the great recession, the market continues to gain strength, especially in cities such as Miami, Fort Lauderdale, Orlando, West Palm Beach, Tampa, and Jacksonville.

Realtors are held to standards of professional conduct.

Florida Homeowners’ Association Fraud and Embezzlement Costs Millions

Condo owners’ associations (COAs), homeowners’ associations (HOAs), and other residential community management organizations are common targets of fraud, causing millions of dollars in community fund losses nationwide each year.

Florida has the most community associations in the country.

Judicial Term Limits Are a Bad Idea for Florida

The Business Trial Group joins The Florida Bar in opposing a proposed constitutional amendment that would make Florida the first state in the country to impose term limits for appellate and Supreme Court judges.

We believe that the new judicial limits would undermine the quality and independence of the judiciary, and that they are being pursued for short-term political advantage while risking long-term damage to the courts.