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Melbourne FL Business & Real Estate Law Blog

Doctors and noncompete agreements

Whether you are a practicing doctor or operate a medical facility, you want your practice to be successful. That is why you connect with the specific facilities or physicians. However, sometimes those relationships may change, and separation is imminent.

So what are your options if a noncompete agreement is in place? No matter which side you are on, there are a few things you should be aware of in regards to the function of a noncompete agreement in the medical field.

Understanding undue influence issues in Florida

It happens fairly often. An elderly person makes a typical will, leaving some portions of the estate to relatives and some others to charity. Maybe she sets up a trust. Then, suddenly, for no apparent reason, a new will appears, leaving the bulk of the estate to an unrelated individual, often a caretaker.

In such cases, the prior beneficiaries may well suspect undue influence. Understanding the basic legal definitions and requirements for setting aside a will based on undue influence and speaking with an experienced attorney can help you get a clearer picture of your options.

New class-action lawsuit may add to elder law

Elder care is a serious social and economic issue for Florida, with its high population of seniors requiring medical care. Protections for patients of Medicare, the U.S. federal plan for senior health care, may have seen their costs increase over the last five years, and a new class-action lawsuit seeks to rectify the problem.

The Center for Medicare Advocacy, a Washington D.C.-based organization that supports seniors' rights to health care under Medicare, was granted class-action status in a lawsuit regarding observation status. The center claims that the designation is purposefully misleading, and creates unmanageable costs for thousands of elderly patients.

What kind of disputes can lead to construction litigation?

Construction litigation occurs for a variety of reasons. Essentially, any kind of unresolved construction dispute between clients and contractors can lead to litigation. Disputes between these parties happen a lot more often than you may think, especially in Florida's booming construction industry.

Regardless of whether you are a developer or a contractor, you will likely enter into one or more contracts defining the terms of your agreements. If the involved parties disagree on the terms of the signed contracts construction disputes can occur. Often, the parties are able to reach a resolution without intervention, but other times, construction litigation is the logical solution. Below are some examples of construction disputes that could end up in a court's hands.

  • Differing interpretations about the scope or specifications of a project
  • Breach of contract arising from construction defects and poor workmanship
  • Replacing an original subcontractor with an entirely different subcontractor
  • Disagreements between contractors and subcontractors regarding the project
  • Failure to pay a contractor or subcontractor for work provided in accordance with a signed contract

Boca Raton sued for impropriety in issuing Chabad building permit

The city of Boca Raton is currently being sued by two of its residents for what they allege to be an illegal bending of the city's zoning regulations. The two residents have unsuccessfully filed two different lawsuits against the city since March of last year, with the plaintiffs arguing each time that the city's issuance of a permit for the construction of a synagogue violates its land-use rules.

The residents seem to be specifically concerned about how the increased traffic that the synagogue would bring to this busy area of the city would impact area residents.

Contractors don't always behave in an ethical manner

Hiring a contractor to do work is something that is very serious. Almost everyone in this area has probably heard horror stories about contractors who get down payments to do work and then don't complete the job. This is something that is simply unacceptable.

We know that you have a lot on your plate when it comes to the regular life occurrences. The last thing that you need to have to deal with is a contractor who isn't doing what you paid them to do.

Understand your options for real estate transaction disputes

Making sure that all your bases are covered when you are working on a real estate transaction is necessary to ensure that your interests are protected. There are several things that can happen that might require you to take further action when you are in this situation.

We know that you have a lot on your plate already. The last thing that you need is to have to deal with a contentious issue. Unfortunately, real estate disputes happen often in these cases. We can help you learn your legal options that are available in all sorts of real estate transaction disputes.

Basic agreements your startup company should use

Thinking about the legal aspects of starting your new business may not be as much fun as choosing the company name or working out goals for the first year of operation. Still, you should get the ball rolling on a few important legal agreements.

You may not have trade secrets to protect, and you might have no need for a patent. However, you will probably want to guard certain confidential information and establish terms of use for your website.

Is a co-founder harming the interests of your company?

Perhaps you and two friends formed a partnership a few years ago. The business you created was doing well until recently, when it appears that one of the founders began working in his own interests instead of those that would benefit the company.

You believe he has violated the terms of the partnership agreement you all signed. Now there is a dispute that threatens to shred the company structure. What is your next step?

Risks associated with using emerging e-will programs

In this increasingly technological era, many people would probably assume that an individual recording his or her last will and testament by stepping in front of a webcam is legal. However, in Florida, it's not.

During the past few years, tech companies have begun lobbying Florida legislators to modify state law to legalize video recorded wills. While each time such a bill has won a majority vote, when it's gotten to the governor's desk, it's been vetoed.

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