Civil Litigation

It is not unusual that life insurance companies, after the death of the policy holder, deny the claim to the beneficiaries. The excuses vary widely but the most common are the following: Misrepresentation on the life insurance application. The insurance will claim that because the policy holder forgot to disclose an irrelevant, inconsequential visit to a doctor, that he/she “misrepresented” at the moment he applied…

The Supreme Court on December 10, 2021, permitted Texas to keep its new restrictive abortion law. The law bans most female abortions as early as six weeks. Although the Supreme Court refused to block the Texas law, it allowed a challenge to the law by those who provide abortions within the state. Under the Court’s decision, providers can file a lawsuit against state officials in…

Ayala is proud to announce that the prestigious The Florida Bar Journal has published a legal article from two of its attorneys regarding the dischargeability of unliquidated claims in adversary proceedings in Bankruptcy Court.  The article focuses on the applicability of securities claims under Section 523(a)(19) in Chapter 7 cases, and how the 60-day deadline fo file a claim in Bankruptcy does not apply to…

The Supreme Court prepares to debate a case that could ultimately end Roe vs. Wade as we know it. The case involves a Mississippi law that bans abortion at 15 weeks. After two hours of oral argument and questions from the justices, the fate of Roe v. Wade does not look good. The Roe vs. Wade landmark decision dates from 1973, and it allows states…

  Written by Luis Quesada, ESQ Interactions with employees of the federal government happen routinely. Most people have interacted with USPS employees at the main offices. Other encounters include things like being questioned by an FBI agent or being detained by an ICE officer. What happens if you are injured by one of these government employees? Can you sue the federal government for its actions?…

More and more Federal Courts are doing away with the local council requirements for out-of-state lawyers to practice in their courts. Let’s say you are a lawyer litigating a case in federal court in Florida, and you have to serve a subpoena to Bank Inc (located in Texas). If Bank Inc. ignores your Subpoena (or gives you an unsatisfactory response) you can’t enforce that subpoena…

Ayala’s Settlement with one of the Defendants in a contentious dispute involving a two million dollar scam was approved by Judge Bloom of the Southern District of Florida. The Settlement initially opposed by the Sadick Defendants (a Texas attorney and his law firm) was approved by the Court noting that “notwithstanding their objection, the Sadick Defendants have failed to identify any “clear legal prejudice” that…

Ayala’s settlement in multimillion-dollar PPE scam was featured in renowned legal site law360.com. The Complaint in the case alleges that Apex Distribution LLC and its partners (lead by Defendant Hector Alvarez) conspired to induce Plaintiffs to invest two million dollars in a PPE scam. The Complaint further alleges that after numerous demands for an accounting of the funds and the return of the same, Defendants gave…

Ayala filed a Class Action lawsuit on behalf of its client against Marina Palms Residence North Condominium Association Inc. (Marina Palms), for overcharging transfer fees during the years. Under Chapter 718 of the Florida Statutes, condominiums may not charge more than $100 per applicant “in connection with the sale, mortgage, lease, sublease, or other transfer of a unit.” §718.112(2)(I). For many years, Marina Palms has…