Fraud Joint Venture Judgment Reversed on Appeal: December 16, 2015 Florida business litigation

How many investments or Florida joint ventures go bad? How many medical practice groups or partnershipsexperience a partner leaving, or a disagreement over compensation, salary and clients? Well, running a corporation is not easy, just ask any commercial litigator Florida.  And running aclosely held company or Florida LLC or limited liability company is not necessarily easy when you have partners, shareholder rights, and a split board of directors.  But there is a recent, 3rd DCA Miami Dade appeals court case which business litigation law firms Florida may want to read, which involves joint ventures, a foreign judgment and also fraud in the inducement.  Likewise, if you are in a partnership with investors, or doctors, or real estate developers, you may want to read this case to see what can happen after a multi day business lawsuit trial Florida.

Can I find an experienced business lawyer to take my company lawsuit case on a contingency fee?

• Corporate lawyers Florida can be expensive, so if you are involved in a suing a Florida company, or if you are a partner who left a partnership and you are owed compensation, salary or benefits, sometimes you wonder if there is business lawyer who will take your business lawsuit on a contingency fee
• If you are thinking about looking for a business litigator who will take your case on a Florida contingency fee, remember that you want experience, and confidence, and a knowledge of not only business, or corporate, law but also evidence, the rules of procedure and trial tactics
• In this recent business lawsuit case out of Florida (Miami Dade), a multi day trial with a jury reaching a verdict was reversed on appeal
• The appeals court case from Miami’s 3rd District Court of Appeal is Marriott International, Inc. v American Bridge Bahamas, Ltd, Nos. 3D14-1817 & 3D14-2863 and you can read a copy of the appellate opinion here: http://www.3dca.flcourts.org/Opinions/3D14-2863.pdf

Who can handle my fraud business lawsuit Florida?

• There are many types of fraud in Florida
• And before you file your corporate lawsuit, you should be careful before alleging business fraud or accusing your partners, shareholders or employers of fraud
• Why?
• Well, fraud is serious stuff, and not only does it need to be pled with “specificity” in your corporate complaint, but your commercial litigation law firm Palm Beach is setting the bar high with the court
• What does that mean?
• It means that if you are accusing someone, like a partner or managing member of an LLC, of fraud, you are, in essence, accusing someone of hiding something or maybelying
• If you cannot prove that someone you are accusing of fraud lied, or stole or hid something, or was not straight up with you, that’s a major setback, right?
• Remember the boy who cried wolf?  One trial strategy or maxim is don’t overpromise & underperform
• How can I get a final judgment from a Florida business lawsuit reversed on appeal?
• In this recent case from the Miami appeals court, a final judgment  was reversed on appeal
• It involved a foreign judgment, obained in the Bahamas, and fraudulent inducementand conspiracy to commit fraudulent misrepresentation
• Do you know the difference betwen fraud, constructive fraud and fraudulent misrepresentation in a Florida corporation lawsuit?

Florida Joint Venture Law & Civil Conspiracy

• Do you know how to prove conspiracy at trial?
• This business case defines, for Florida law purposes, what a joint venture is
• A Florida joint venture is an association of persons or legal entities to carry out a single business enterprise for profit
• Do  you know what you have to prove to demonstrate that a joint venture was present or occurred?
• There are 5 elements which a plaintiff must prove, in addition to proving a contract, to demonstrate that a joint venture existed
• Do you know when someone has a duty to tell you something, or what corporate litigators West Palm Beach call a “duty to disclose?”
• A conspriracy includes a civil wrong which is done, causing damage
• The civil wrong that occureed must be alleged in the complaint
• Do you know how to prove damages in your business litigation?
• Ask yourself: what is the underlying basis of the conspriracy?
• Lots to think about if you are involved in a business deal gone bad, or if you are a corporation, or shareholder, or perhaps former employee, who believes that you have been lied to
• Also, remember, if someone owed a duty to you to tell you something, but did not, that may be the basis for a lawsuit
• Whether or not fraud was committed on you, or whether others acted in a conspiracy, is very, very fact dependent and specific, which your corporate litigation attorneys can advise you on