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Breach of Contract

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

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 Law P.A.
September 1, 2020
Breach of ContractCivil ActionsCivil LitigationCivil ProcedureContract

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

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…
Ayala Law P.A.
August 19, 2020
Breach of ContractBusinessCivil ActionsCivil LitigationContractInvestmentslawyerLitigation

How Can I Protect My Small Business From Lawsuits?—Compliance (Part I).

By Eduardo A. Maura. I’ve represented dozens of small businesses throughout the years. The main concern or question I am asked is still: How do I protect my business from lawsuits? The first thing that comes to mind is compliance. It is extremely important that businesses comply with all laws, regulations, and codes. Oftentimes, during litigation, litigants will use any violations of the law, ordinance,…
Ayala Law P.A.
January 22, 2020
Agricultural LitigationBreach of ContractBusinessCivil ActionsCivil LitigationLawsuitlawyerLitigationSeed Litigation

Ayala Defeats Motion for Summary Judgment in Contentious Defective Seeds Case in the Central District of California

Ayala defeated the Defendant Corona Seeds’ Motion for Summary Judgement (MSJ). An MSJ is a request to the court in which the party moving argues that there are no factual issues in dispute, and the judge, rather than the jury, should decide the case in its favor. In the case, Ayala’s clients, two Peruvian growers, allege that they were sold defective seeds from the defendant…
Ayala Law P.A.
December 21, 2019
Breach of ContractBusinessCivil ActionsCivil LitigationConsumerConsumer ProtectionContractLawsuitlawyerLitigation

The Three Most Common Contractual Disputes and How to Avoid Them

There is a myriad of issues that can make an otherwise great contractual relationship go wrong. In this article we discuss the three most important ones we’ve found throughout the years: Lack of, or insufficient paper evidence of the contract: Believe it or not, one of the main problems is that we can’t find the actual contract. Whether it is finding signed version, all the…
Ayala Law P.A.
December 4, 2019
Breach of ContractBusinessContractIn the Newslawyer

Most Common Shareholder Disputes in Small Business Partnerships and How to Anticipate Them.

Shareholder disputes are unfortunately not uncommon. Partners start with plenty of enthusiasm and ideas, but little of these ideas are placed in concrete sentences, in a binding piece of paper. Let’s make this graphic but describing a situation we’ve faced with many clients through out the years. In a normal partnership, let’s say of two that are 50/50 in ownership, there is always one partner…
Ayala Law P.A.
October 1, 2019
BlogBreach of ContractBusinessCivil ActionsCivil LitigationCivil ProcedureConsumer ProtectionContractFraudLitigationTrial

Ayala’s Client Case Against Simply Healthcare Plans Inc., Set For Jury Trial in August 2019

After nearly two years of contentious litigation, Ayala’s case on behalf of its client, a Miami Medical Center, is set for jury trial in August 2019. In the case, Ayala’s client claims that the defendant, wrongfully terminated its contract with it, under bogus allegations of violations of the law, in an effort to transfer Ayala’s client’s patients to other friend-centers of (or in association with)…
Ayala Law P.A.
January 17, 2019
BlogBreach of Contract

Ayala Files Breach of Contract Action on Behalf of Its Client Against Miami Condominium Association.

Ayala filed a breach of contract action against a Miami Condominium Association. Ayala’s client, a Miami contractor, had entered into a one year agreement to perform diverse services for the Association. In what’s not (unfortunately) unusual in condo associations behavior, the association disregarded Ayala client’s contract once there was a change in the board of directors, to favor contractors that are friendlier to the new…
Ayala Law P.A.
January 14, 2019
BlogBreach of ContractBusinessCivil LitigationContractlawyerLitigationSouth America

Ayala Lawsuit on Behalf of Two Peruvian Companies in the Central District of California Defeats Motion to Dismiss and Advances

On August 28, 2018, the U.S. Central District of California substantially denied the Defendant’s Motion to Dismiss all claims brought on behalf of Ayala’s two Peruvian clients. The lawsuit alleges the “Defendant . . . knowingly or with reckless disregard for the truth shipped Plaintiffs certain seeds, in such deteriorated condition that they caused substantial damages to Plaintiffs’ lands, crops, and clients, virtually destroying their…
Ayala Law P.A.
August 29, 2018
BlogBreach of ContractBusinessCivil ActionsCivil LitigationConsumer ProtectionContractFraudLitigationReal Estate

Unjust Enrichment in Real Estate Cases—an Overview.

Unjust Enrichment is a legal theory applicable when one person is enriched at the expense of another in circumstances that the law deems unfair. It is usually used when there is no valid contract or no contract at all between the parties. The elements of unjust enrichment are: (1) plaintiff conferred a benefit upon the defendant, who has knowledge of that benefit; (2) defendant accepts…
Ayala Law P.A.
April 5, 2018