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Contract

Breach of ContractCivil ActionsCivil LitigationCivil ProcedureContractNews & Announcements

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
ContractNews & Announcements

Watch What You Click For—What You Need to Know About Internet Agreements

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 Law P.A.
July 23, 2020
BusinessContractInvestmentsLawsuitlawyerNews & Announcements

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

By Eduardo A. Maura. Out of the many things I tell small business owners, when they ask me how to protect their businesses, separation is high in my list of recommendations. But what do I mean by separation? What I mean is, separate your business from yourself or your family or your other businesses. It is quite common that small business owners are the managers…
Ayala Law P.A.
January 28, 2020
Breach of ContractBusinessCivil ActionsCivil LitigationContractInvestmentslawyerLitigationNews & Announcements

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
Breach of ContractBusinessCivil ActionsCivil LitigationConsumerConsumer ProtectionContractLawsuitlawyerLitigationNews & Announcements

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 NewslawyerNews & Announcements

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 ProtectionContractFraudLitigationNews & AnnouncementsTrial

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 ContractBusinessCivil LitigationContractlawyerLitigationNews & AnnouncementsSouth 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 ProtectionContractFraudLitigationNews & AnnouncementsReal 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
BlogBreach of ContractBusinessCivil ActionsCivil LitigationContractLitigationNews & Announcements

Ayala Defeats Motion to Dismiss in Lawsuit Against Major Health Organization

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…
Ayala Law P.A.
February 27, 2018