UNJUST ENRICHMENT – AN EQUITABLE REMEDY

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC An action for “unjust enrichment” exists to prevent the wrongful retention of a benefit, or the retention of money or property of another, in violation of good conscience and fundamental principles of justice or equity.  The court in Iberiabank v. Coconut 41, LLC, 2013 WL […]

OWNER FAILS TO ESTABLISH CLAIM FOR FRAUDULENT LIEN

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Florida law defines a fraudulent lien as “[a]ny lien . . . in which the lienor has willfully exaggerated the amount for which such lien is claimed or in which the lienor has willfully included a claim for work not performed upon or materials not […]

THE INSURER’S DUTY TO DEFEND AND INDEMNIFY UNDER CGL POLICIES

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Commercial General Liability (“CGL”) policies are design to protect an insured against certain losses arising out of business operations.  CGL policies generally provide that if the insured is sued for “bodily injury” or “property damage” occurring during an applicable policy period, the insurer will defend […]

THE STATUTORY INTENTIONAL TORT EXCEPTION TO WORKERS’ COMPENSATION IMMUNITY

By: Richard E. Guttentag, Esq. and Alexander S. Beck, Esq., Stearns, Roberts & Guttentag, LLC Employers are generally immune from facing suit in civil court for injuries sustained by their employees in the course of their employment where workers’ compensation is in place, as workers compensation insurance is generally an employee’s exclusive remedy. However, Florida’s […]

INSURER HAS DUTY TO DEFEND ENTIRE SUIT EVEN WHEN ONLY SOME CLAIMS FALL WITHIN COVERAGE

By: Richard E. Guttentag, Esq. and Alexander S. Beck, Esq., Stearns, Roberts & Guttentag, LLC An insurer’s duty to defend its insured against a legal action arises when the complaint alleges facts that potentially bring the suit within policy coverage. When a complaint alleges facts showing two or more grounds for liability, one being within […]

COPYRIGHT INFRINGEMENT OF ARCHITECTURAL PLANS

By: Richard E. Guttentag, Esq. and Alexander S. Beck, Esq., Stearns, Roberts & Guttentag, LLC Under copyright law, only expressions are protectable, not ideas. Architectural designs are viewed as compilations, and are afforded specific protection that only protects the exact work itself, to prevent subsequent works from copying the specific expressions and designs. The copyright […]

MEASURING CONTRACT DAMAGES

By: Alexander S. Beck, Esq., Stearns, Roberts & Guttentag, LLC The purpose of damages is to restore an injured party to the same position that he would have been in had the other party not breached the contract. The concept of “first cost” has been employed to assure that the non-breaching party is not placed, […]