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…
An H-1B visa is a visa for foreign professionals coming to work in a specialty occupation. The Immigration and Nationality Act (INA) defines the H-1B visa classification as a visa available for foreign professionals who will “perform services … in a specialty occupation.”[1] The INA defines “profession” as including “but not limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools,…
Ayala files lawsuit in the 11th Judicial Circuit of Florida against a self-declared investment adviser’s scheme targeting foreigners. As stated in the Complaint, “[Defendants] . . . held themselves out to be experienced real estate investors and investment advisers able to purchase foreclosures properties at auction, and sell them at large profits.” Under the guise of being experienced investment advisors, the Defendants persuaded the Plaintiffs,…
In a case that started as a simple eviction for possession, Ayala defeated a multiplicity of unfounded legal challenges by the relentless tenant on the property. The tenant/defendant’s counterclaims included actions for quiet title, cancellation of deed, rescission, mortgage foreclosure and the like. In the latest attempt to stop final judgment the tenant filed an emergency Motion to Set Aside the Final Judgment. Honorable County…
Ayala brought an action against Simply Health Care (Simply) for breach of contract on behalf of its client, a local Miami medical center. The complaint alleges that simply arbitrarily terminated the agreement and after it did, it violated several post-contract obligations by systematically, and in coordination with other centers, harassing and providing false or misleading information to the patients. Simply retained the law firm of…
Visa Franchise estará organizando un webinar con el estudio de abogados, Ayala Law PA, el Jueves 22 de Febrero a las 8AM (Los Angeles)/ 11AM (New York). El webinar esta dirigido a todo extranjero interesado en inmigrar a los Estados Unidos a través de la visa E-2. Por favor, sírvase registrarse con anticipación en el enlace de abajo para recibir los detalles de el webinar antes del 22. Durante…
Ayala’s Client Minnig Re LLC owner obtains approval of the E-2 visa application for him and his family. Minnig Re had invested in a Gelato Go franchise in the popular Sunset Place area in South Miami. article continues after image… With the help of Visa Franchise and the top executives at Gelato Go, we were able to present to the Buenos Aires Embassy a…
By Eduardo Ayala. An E-2 investor visa is a visa for citizens of certain countries to come to the U.S. to invest money in a business. To be eligible there must first be a “treaty of commerce and navigation” between the United States and the country of the foreign national.[1] For a list of treaty countries check the Department of State website list at https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html….
Ayala obtained a ruling granting damages, interest, and cost for its client, a Peruvian company, in a dispute against a California business for not paying for shipments of almost 5000 pounds of fresh asparagus. The Complaint alleged that the failure to pay, under the excuse that the product was damaged, was a breach of contract and that it violated section 2 of the Perishable…
La visa de inmigrante EB-5 es una visa que permite hacerse residente permanente si invierte 1 millón de dólares (o 500k en ciertas circunstancias), y crea 10 puestos de trabajo para ciudadanos o residentes de los Estados Unidos. (Algún otro día hablaremos de lo que significa “10 puestos de trabajo”. Hoy quiero hablar sobre cómo contar la cantidad de 1 millón cuando ya ha invertido…
