Tag: South Florida Contract Lawyer

Articles and information on commercial litigation, business disputes, real estate litigation. Call (954) 440-0901, (561) 406-0440, (813) 510-5800

Top 5 Ways to Avoid Business Litigation

December 1, 2015

By: Justin C. Carlin

Concept of justice. Law scales on green background. 3d

As a business litigator who depends on business litigation cases to sustain my business law practice, it may seem strange that I would write a blog post about how to avoid litigation.  But my goal as a business attorney is to provide valuable services to people, so I’ve always made it a practice to assist my clients with avoiding litigation, even though I am a litigator.  Here below are my top five strategies for avoiding business litigation in South Florida: READ MORE

Law Student Loses Contract Lawsuit against Criminal Attorney

January 7, 2015

By: Justin C. Carlin

Applying Florida law, the Eleventh Circuit Court of Appeals recently issued a decision (Kolodziej v. Mason, — F.3d —, 2014 WL 7180962) involving a fundamental question of contract law on somewhat interesting facts.  A Texas criminal attorney (James Mason) handling a high-profile murder case asserted that it was impossible for his client to have committed certain murders in accordance with the prosecution’s suggested timeline.   Specifically, he argued that his client would have had to get off a flight in Atlanta and travel to a La Quinta Hotel (several miles away) in only 28 minutes.  Thus, Mason challenged the prosecution to prove that somebody could make that route and that he’d “pay them $1 million if they [could] do it.”  Mason’s remarks were later featured in a television program on NBC, as follows: “I challenge anybody to show me—I’ll pay them $1 million if they can’t do it.”

press conferenceA law student at the South Texas College of Law heard Mason’s (edited) remarks and interpreted the remarks as an offer to form a contract that could be accepted by performance.  The law student from Texas went to Georgia and actually recorded himself traveling the route from the airport to La Quinta in less than 28 minutes.  He then sent Mason a copy of the recording, along with the letter demanding payment of $1 million.  Mason refused payment, and the law student sued both Mason and his law firm in federal court, alleging breach of contract.  The trial court entered summary judgment in favor of Mason, and the law student appealed. READ MORE