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Lawsuit

When Does a Lawsuit Against You Really Start? — Understanding Service of Process

In the United States, and most jurisdictions, a lawsuit against a particular defendant does not begin until that defendant has been “served with process.” Usually called “service of process,” “service”, “Process,” or “personal service,” is the official procedure used to notify a defendant of the lawsuit. “The general rule in Florida is that a defendant must be personally served.” Societe Hellin, S.A. v. Valley Commer. Cap.,…
Ayala Law P.A.
October 14, 2022
Lawsuit

Ayala Files Breach of Contract Lawsuit Against Thermo Fisher Scientific in the US Central District of California

Ayala filed a lawsuit on behalf of its client against Thermo Fisher Scientific Inc., a large manufacturer of scientific devices including the Ion Torrent Genexus Integrated Sequencer(“Genexus Instrument”) sold to Ayala's client--the Plaintiff. As stated in the Complaint, Thermo Fisher describes the Genexus Instrument as “the first turnkey next-generation sequencing (NGS) solution that automates the specimen-to-report workflow and can deliver results in a single day.” Complaint,…
Ayala Law P.A.
August 2, 2022
Contract & BusinessInvestmentsLawsuitlawyer

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
Agricultural LitigationBreach of ContractCivil ActionsCivil LitigationContract & BusinessLawsuitlawyerLitigationSeed 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 ContractCivil ActionsCivil LitigationConsumerConsumer ProtectionContract & BusinessLawsuitlawyerLitigation

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
Civil ActionsCivil LitigationContract & BusinessIn the NewsJuryLawsuitlawyerLitigationReal Estate

Ayala Obtains a $63,350 Judgment in Attorney’s Fees Dispute for Its Client After Prevailing in a Jury Trial

Ayala obtained a final Judgment for $63,350 dollars in Attorneys’ fees for its client, after having prevailed in a jury trial earlier this year. The underlying lawsuit alleged that Ayala’s client, the buyer of the Property, interfered in the relationship between the Plaintiff/Realtor and the Seller, not present in the case. After prior attempts to get the case dismissed for failure to join the party…
Ayala Law P.A.
November 21, 2019
Civil ActionsCivil LitigationClass ActionsConsumerConsumer ProtectionFraudIn the NewsLawsuitLitigation

Ayala Files Class Action Against American Airlines and Allianz Alleging They Misrepresent The Contents of the Travel Insurance They Sell

Ayala filed a lawsuit against American Airlines (“AA”) and Allianz Insurance for their role in the sale of what they label as “travel insurance” or “travel protection” product. As stated in the Class Action Complaint (“Complaint”): “ reasonable consumer would get the net impression that Allianz’s insurance provides broad, no-fault insurance protection and coverage, and that should one choose to purchase this insurance, one would…
Ayala Law P.A.
October 18, 2019
Civil ActionsCivil LitigationHealth CareHealth Care ProviderHMOIn the NewsLawsuitLitigationMedical Center

Ayala Obtains Confidential Settlement for Its Client In Contentious Dispute Against Major Health Care Organization

After nearly three years of contentious litigation, Ayala obtains a confidential settlement for its client, a local Miami medical center. As reflected in public filings, both parties aggressively litigated the case almost to the eve of trial. “It was a very difficult case. We faced very talented counsel from one of the top firms in the world. In the end, we managed to develop a…
Ayala Law P.A.
October 7, 2019
Civil ActionsCivil LitigationCivil ProcedureContract & BusinessInvestmentsLawsuitLitigationUncategorized

Ayala Files Lawsuit Against Financial Advisor and His Company for Negligent Investment and Breach of Fiduciary Duties

  Ayala filed a lawsuit against GTA advisors and its owner (“Defendants”), alleging that Defendants were negligent in the management and investment of its client’s funds. Ayala’s client main owner, Mr. Ubieto, was 75 years old at the time he started investing with the Defendants. Mr. Ubieto, from Guatemala, had a history of choosing extremely conservative investments, as part or most of the funds where…
Ayala Law P.A.
September 19, 2019