The Ticktin Minute – January 09, 2017 Overview of Commercial Litigation
Commercial litigation often stems from ambiguous terms in contracts as well as voluntary or involuntary breaches of contract. Commercial litigation can concern dispute in contract law, improper tender of goods and/or services, shareholder disputes, non-payment of goods and/or services, and/or deceptive and unfair trade practices. The Ticktin Law Group represents all size businesses in any of their commercial litigation needs.
Dispute in Contract Law
A contract is an agreement between two or more parties in which one party agrees to provide goods or provide service(s) in exchange for the payment of money or other goods or services. When either of the parties do not fulfill their end of the obligations, then a breach of contract occurs. A breach of contract is the cause of action that leads the parties into litigation.
Improper Tender of Goods/Services
If a party to a contract improperly tenders goods and/or services with respect to the terms of the executed contract, then a breach of contract may also result. Unless the breaching party agrees to remedy the issue on their own, a litigation typically results.
Non-Payment of Goods/Services
If a party to a contract does not pay for the goods and/or services that are received, then there may be a breach of contract. In some cases, a defense may exist if the goods/services were not tendered properly, however, if there are no such issues, then such breach may result in litigation.
Deceptive and Unfair Trade Practices
Commercial disputes often include claims under the Florida Deceptive and Unfair Trade Practices Act (“the “Act”). The Florida Deceptive and Unfair Trade Practices act stated that the following is unlawful “unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce.” Further, the act does not require proof of actual reliance to substantiate the claim, unlike common law fraud.
Contact the attorneys of the Ticktin Law Group to assist you with your commercial litigation matter. We offer complimentary consultations.
Managing Attorney, Jamie Alan Sasson, Wins a Punitive Damages Hearing
Another punitive damages win just happened for the firm! The Ticktin Law Group previously wrote regarding a case that the firm has been handling as case in which a client’s former partner forged legal purchase and sale documents, and thus was able to effectuate the sale of property, without the client’s consent. Forgery is described as the act of forging or producing a copy of a document, signature, banknote, or work of art without the consent of the owner. In most cases, forgery amounts to Fraud.
Last week, Attorney Jamie Alan Sasson won a hearing in Pinellas County. Pinellas County is located near Tampa on the west coast of Florida. In the hearing, Mr. Sasson sought to receive an award of punitive damages in additional to the traditional compensatory damages courts typically award. The Court ultimately ruled that The Ticktin Law Group’s client can now seek an award of punitive damages at trial. After a one hour hearing, the Court agreed with Mr. Sasson’s position that the Defendant had acted with malicious “nasty” intent, allowing the Plaintiff to seek Punitive Damages. Punitive damages allow the Plaintiff to seek damages that exceed simple compensation and are awarded to punish the defendant. Punitive damage awards are only granted in extraordinary circumstances where one party acts with egregious behavior. They are also known as exemplary damages.
This case will likely go to trial in April of 2017, and now the Defendant is required to turn over his financial statements and net worth information to Mr. Sasson since the Jury can now can award up to 10 percent of his net worth to the Plaintiff, as well as an additional punitive damage award (due to the punitive damages win!).
If you have a problem with your business partner, or anyone who you have a conflict with, please contact The Ticktin Law Group, and allow us to use our knowledge and training to help you in your legal matter.
The Ticktin Minute September 22, 2016 – Managing Partner Wins Hearing in Tampa on a Business Litigation Case
This month, our managing partner, Attorney Jamie Alan Sasson traveled to Tampa to handle a complex commercial litigation matter for one of our clients. After two days of lengthy hearings, Jamie was able to successfully defeat the Defendant’s Motion for Summary Judgment. A summary judgment (also referred to judgment as a matter of law) is a judgment entered by a court for one party and against another party without a full trial. Such a judgment may be issued on the merits of an entire case, or on discrete issues in that case. If a summary judgment is granted as to any of the issues of the case, or the entire case, then the case is over in favor of the party who filed the motion. If summary judgment is not granted, the litigation continues. Now, since we won on the summary judgment, our client’s case can be set for a jury trial in the spring.
The case involves a business litigation case where our clients who were scammed out of close to 1.3 million dollars by their former business partner. Our clients bought an assisted living facility with their partner (who they are now suing), and after ten years of owning the facility, their business partner decided to sell the property, without our client’s knowledge, and without their consent. Once the property was sold, the business partner then paid himself the bulk of the profits, and our clients lost their entire investment. Even worse, the partner forged documents to the title company, claiming that he had the authority to sell the property, and that he was authorized, when no such authorization had ever been given.
The complaint filed by The Ticktin Law Group alleges breach of contract, breach of fiduciary duty, conspiracy to defraud, and constructive fraud. This is a great example of the Ticktin Law Group taking on a complex case, and moving it toward trial, so that our clients can get the justice that they deserve.
If you or someone you know has a business litigation matter, contact the attorneys of The Ticktin Law Group for a free consultation.
The Ticktin Law Group Wins Favorable Outcome In Federal Court
Earlier this week, Attorney Jamie Sasson and The Ticktin Law Group received a favorable result from a federal court ruling. The Court found that the Plaintiff was not entitled to collect on a judgment against a company that we represent.
The Federal Court stated that the Plaintiff was not entitled to collect on the other Defendant, our client, who was not a party to the underlying dispute. The amount in dispute was about $300,000.
It’s very important when filing a lawsuit that you add all necessary parties, so that you may recuperate your losses if you prevail. It is also important to consult experienced attorneys such as The Ticktin Law Group to ensure that you have a solid legal strategy.
Need an attorney? Just dial **LAW!
Crooked Partner Attempts To Sell Property By Forging Documents
The Ticktin Law Group is representing a client whose business partner forged documents in order to sell property without our client’s permission.
The two business partners disagreed on the selling price for property owned by a company in which each partner held 50% ownership. The Operating Agreement stated that all members had to be in agreement in order for company assets to be sold.
Our client’s business partner realized that our client was unwilling to sell the property in question, so the partner forged documents stating that all members had agreed to the sale, and sold the property without our client’s permission. To make matters worse, the business partner kept the majority of the revenue from the sale, and only paid our client a small fraction. The Ticktin Law Group is ensuring that our client receives compensation for the losses caused by the sale of the property.
Need an attorney? Just dial **LAW!