The case was filed in the U.S. Southern District of Florida on October 29, 2020. As stated by article “the 6-foot, 2 inch, 250-pound immigration detainee told the judge he was consistently “dragged” off his wheelchair and carried onto a non-wheelchair accessible vehicle by three Immigration and Customs Enforcement guards. His arms and sides bore the bruises of being “yanked and grappled” so many times.”…
Not many people know that Florida law provides strong protections to consumers who are wrongfully towed. This is because getting towed can be an awful experience. Imagine you are on your way to pick up your child and stop at a grocery store which has no no-parking signs. When you come back your car is gone! You have nobody to pick up your child and…
Service of process is the way a defendant is notified of a legal claim against him and enables the court to exercise jurisdiction over him. The procedures for executing service differ depending on where the defendant is located. In particular, if the defendant is located in a foreign country, service must be made by letters rogatory or in accordance with an international treaty. The 1965…
Law 360.com featured Ayala’s Lawsuit Against DHS, ICE and Akima Global Services in which Ayala’s client alleges violations of the ADA and other causes of action. The case was filed in the U.S. Southern District of Florida on October 29, 2020. As stated by law360, “[a] Peruvian man who has epilepsy [] sued the . . . [the defendants] . . . alleging their employees…
On October 29, 2020, Ayala Law filed a Complaint in federal court on behalf of its client, Mr. Alejandro Mugaburu. The Complaint is filed against Akima Global Services, LLC, the Department of Homeland Security, and the U.S. Immigration and Customs Enforcement. Mr. Mugaburu’s story has been previously published and documented by news agencies, such as the Miami Herald. The lawsuit is based on the discriminatory…
The Department of Justice sued towing Target Towing and Recovery (Target) in the US Court for the Middle District of Florida, Tampa Division, for the tow and illegal sale of a service member’s vehicle. The complaint alleges that Target violated the Service Members Civil Relief Act (SCRA) when Target sold the service member’s vehicle without providing her with adequate notice. A google search, the complaint…
The Fair Labor Standards Act (FLSA), a federal law that regulates employees’ wages, requires generally that employers pay employees at least the Federal minimum wage per hour. Section 3(m) of the FLSA allows an employer that meets certain requirements to count a limited amount of the tips its “tipped employees” receive as a credit toward the employer’s Federal minimum wage obligation. This is why restaurants…
Renown Legal news site law360.com published an article by attorney Eduardo A. Maura where he discusses the current state of litigation involving clickwrap hybrid agreements. Hybrid clickwrap agreements are internet contracts where consumers are asked to assent by click to an agreement that is available via a hyperlink, which in turn contains itself a hyperlink with an additional agreement. In the article, A. Maura discusses…
Ayala filed a breach of contract action against Luna Park, a high end italian food restaurant in Miami’s Brickell City Center. In the lawsuit, Ayala’s client alleges that BCC Food Hall LLC, the company owner of the restaurant, unilaterally cancelled its payment obligations under the contract. The lawsuits further alleges, that in a parallel and similar contract, Mr. Costa also, unilaterally, abandoned its payment obligations…
After two contentious hearings, Ayala was able to defeat Exclusive Residence’s (ER) Motion to force Ayala’s client into an expensive, time consuming arbitration process. Ayala filed the lawsuit against ER, a timeshare seller, back in October 2019 alleging that through deceptive, well-planned methods, ER targets innocent consumers (mostly foreigners) to sell them a phony vacation package with the single goal of getting consumers to agree…
We live in the world of agreements by “click” rather than signature. The digital era has converted the world of contract into clicks, bytes and electric pulses. In this new contract world, there are two common internet type of agreements: “browse wrap” and “clickwrap” agreements. Browse wrap are agreements in which the user agrees to the terms simply by using the website or product. You…
Ayala files privacy violation class action under the Telephone Consumer Protection Act (TCPA) against covid-19 opportunistic Dreside.com and its owners. Navitelia, the parent company took advantage of the covid-19 pandemic to mass text and email thousands of individual consumers, without their consent and despite countless of “Stops,” and “Unsubscribes,” by consumers. Under the TCPA, a company cannot text or call consumers without their consent using…
Ayala filed the first civil rights case in the wake of Mr. George Floyd’s killing and the subsequent societal call to take action against police brutality. In the lawsuit, Ayala’s client alleges that during a domestic violence call, members of the Hallandale Police force came to the Plaintiff’s home, entered without a warrant or reasonable suspicion, and beat them inside his own place, dragged…
On June 25, 2020, a Florida judge entered a written opinion certifying a class of hundreds of vehicle owners whose vehicles were towed by American Towing of Miami. The case was filed originally in July 2018 in county court and then transferred to circuit court in March 2019. After overcoming innumerable hurdles and the defense’s dilatory tactics, Ayala was able to prevail at the Motion…
By Eduardo A. Maura. The recent events leading to and after the brutal murder of Mr. Floyd, have shaken us to the core. We thought that, in his memory, the least we can do is be useful. Under our George Floyd Pro Bono Representation Program, we will represent pro bono, victims of police abuse, persons that encountered legal problems while protesting peacefully, or any other…
