Legal Blog

Ayala’s Attorney is Invited to Discuss Recent Immigration News in Spanish Station Mega TV

By | immigration, News & Announcements | No Comments

  Ayala’s attorney was invited to discuss the recent immigration developments at the US Border in the context of the new policies set by the Biden administration. The show, hosted by the former mayor if Miami Tomas Regalado, is in Spanish, and focuses on issues of interest to the hispanic community in South Florida. At the interview, Attorney Eduardo A. Maura discusses the recent change…

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The Telephone Consumer Protection Act (TCPA): What You Must Know About Unwanted Calls or Texts

By | Consumer Protection, News & Announcements | No Comments

The TCPA is a federal law passed by congress in 1991 in response to the growing rise of robocalls and faxes. Later, with the growing use of text messages, the Federal Communications Commission (FCC) declared that text messages are subject to TCPA restrictions. The law applies to telemarketing calls and automatic telephone dialing system (ATDS) calls. An ATDS is defined as: equipment which has the…

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For Attorneys—Understanding Litigation in Bankruptcy Court: Adversary Proceedings

By | Bankruptcy Litigation, News & Announcements | No Comments

An adversary proceeding is the bankruptcy court’s version of a civil complaint. It is governed by Federal Rule of Bankruptcy Procedure (FRBP) Rule 7001. It is essentially a separate lawsuit filed within the bankruptcy case. Like most lawsuits, it starts when someone (the creditor, the bankruptcy trustee, or you) files a complaint. A creditor or the bankruptcy trustee might bring an adversary proceeding to challenge…

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Small Businesses Websites: Do You Need a Cookie Policy for Your Website? What You Need to Know

By | Internet Law, News & Announcements | No Comments

You are small business, and as a small business owner, you rely in a multiplicity of websites for services that complement what you offer in your restaurant, dental practice, medical center, or real estate operation. When you go into websites, you notice that the businesses you rely on often ask you to allow or consent to “cookies.” You wonder yourself: do I need that in…

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Ayala’s Attorney Attends Oral Argument in the Florida Third District Court Appeal in Case Challenging Prior Class Certification Order in the 11th Circuit Court of Miami

By | Class Action | No Comments

Ayala’s Attorney Eduardo A. Maura attended Oral Argument in the Florida Third District Court of Appeals. In the lower court case, Ayala had obtained an order granting Class Certification for his client. The case was filed on behalf of a class of plaintiffs, alleging that American Towing of Miami violated Florida Statutes 715.07 when it made consumers sign releases prior to returning vehicles that had…

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Five Things to Watch in Immigration Law Under the Upcoming Biden Administration

By | Immigration Law, News & Announcements | No Comments

  A new presidency brings changes all over. We expect immigration to be no exception. In fact, given the contrast between Mr. Biden’s and Mr. Trump’s views on immigration, we expect, regardless of the passage of any immigration bill in congress, several important changes: In Asylum: We expect an increase in the asylum permissible applications or “quotas.” Down to record lows of around 15,000, the…

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The Miami Herald Reported on Ayala’s Lawsuit Against DHS, ICE and Akima Global Services, in Which Ayala’s Client Alleges Violations of Disability Laws

By | Civil Actions, Uncategorized | No Comments

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.”…

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Understanding towing laws in Florida: Five things you should know and do if your car gets towed

By | Towing | No Comments

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…

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Understanding Service of Process Under the Hague Convention: Three Things You Need to Know

By | Civil Procedure, Hague Convention, Litigation, News & Announcements | No Comments

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…

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Law360.com features Ayala’s Lawsuit Against DHS, ICE and Akima Global Services Alleging Violations of the ADA

By | Civil Actions, In the News, News & Announcements | No Comments

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…

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Ayala Files Lawsuit Against ICE, DHS, and Akima Global Services, Alleging Violations of the American With Disabilities Act at Krome Detention Center in Miami

By | ADA, Blog, Civil Actions, Civil Rights, News & Announcements | No Comments

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…

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Department of Justice Gets Involved in Towing Litigation and Obtains a $20,000 Consent Judgment for Service Member

By | Illegal Towing, News & Announcements, Towing | No Comments

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…

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What is The 80/20 Rule for Tipped Employees and Important Upcoming Changes to The Rule

By | Class Action, Employee, Labor Law, News & Announcements, Wages | No Comments

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…

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Law360 Publishes Ayala’s Attorney Article on Clickwrap-Internet Agreement Litigation

By | Blog, Breach of Contract, Consumer, Internet Agreements, News & Announcements | No Comments

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…

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Ayala Files Breach of Contract Action Against Brickell City Center’s Luna Park and its Celebrity Owner Roberto Costa

By | Breach of Contract, Civil Actions, Civil Procedure, Contract, News & Announcements | No Comments

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…

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