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Junior Lenders Covered - "Stripping" Not Allowed in South Florida

Junior lenders can breathe a sigh of relief in the Bankruptcy Courts of the Southern District of Florida. The three judges of the Miami division have issued a memorandum opinion on the inability of chapter 13 debtors to "strip" liens when they are ineligible for a discharge. See In re Gerardin, 447 B.R. 342 (Bankr. S.D. Fla. 2011).

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Categories: Bankruptcy & Creditors’ Rights
Tags: Chapter 7 BankruptcyAleida Martinez MolinaChapter 13 BankruptcyFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Litigation AttorneysMiami Litigation Attorney
Author(s): Aleida Martínez Molina

4th Circuit Vacates Decision Declaring Individual Mandate Portion of Health Care Law Unconstitutional

The Fourth Circuit Court of Appeals vacated a decision by the Eastern District Court of Virginia holding that the individual mandate under the Patient Protection and Affordable Care Act requiring individual persons to purchase health insurance is unconstitutional.

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Categories: LitigationAppellate Law & PracticeFederal LawFederal CourtsConstitutional Law
Tags: Patient Protection and Affordable Care ActEleventh Circuit Court of Appeals
Author(s): Brooke P. Dolara

Hialeah Park Gambles On Constitutionality of New Law Before First DCA In Slot Machine Case

On September 7, the First District Court of Appeal heard arguments in an appeal challenging slot machines at Hialeah Park.

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Categories: LitigationGovernment AffairsConstitutional Law
Tags: Governmental LitigationMitchell A. BiermanJamie A. ColeChad S. FriedmanMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysMatthew H. Mandel
Author(s): Brooke P. Dolara

Third DCA Holds Attorneys' Fees Can Be Included In Set-Off Where They Are Provided For In Contract

Last week, the Third District Court of Appeal held that a contractor may not be entitled to summary judgment in an amount equal to the claimed contract balance less the owner's claimed set-off where the contract at issue provided for both (1) prevailing party attorney's fees and (2) that the owner could withhold payment for damages incurred. The Third District found that attorney's fees were damages under the contract, were properly pled and, therefore, must have been considered as part of the owner's set-off.

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Categories: LitigationCivil ProcedureContracts
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaDamagesAttorneys' FeesSet-OffFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersMatthew H. Mandel
Author(s): Samuel I. Zeskind

Best Lawyers In America 2012 Include Several WSHPC&B Attorneys

We are thrilled to report that several WSHPC&B attorneys were selected as Best Lawyers in America for 2012 in their area of practice.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationGovernment AffairsLocal GovernmentAppellate Law & PracticeAwards & RecognitionsLand Use & Zoning (Private)
Tags: Mitchell A. BiermanEdward G. GuedesStephen J. HelfmanMichael S. PopokClifford A. SchulmanRichard Jay Weiss
Author(s): Brooke P. Dolara

Miami-Dade County Judge Rules Red-Light Camera Program Is Constitutional

Yesteday, Judge Steven Liefman ruled that the current programs operated by South Florida cities do not violate equal protection and that they are not unconstitutional.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentRed Light CamerasRule EnforcementJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. Mandel
Author(s): Michael S. Popok

As Chair of Aventura Marketing Council, Cliff Schulman Honors Local Businesses At "Sizzling 2011 Season Preview"

In addition to his contributions to our Firm, Partner Clifford A. Schulman plays an instrumental role in South Florida business as the Chair of the Aventura Marketing Council. Recently, Cliff helped welcome hundreds of marketing council members to the "Sizzling 2011 Season Preview" event at the City of Aventura Arts & Cultural Center, which showcased a myriad of local businesses and featured notable entertainers from past showcases. Cliff also kicked off an event for Miami Dolphins CEO Mike Dee at Duffy's Sports Grill in Miami Beach to honor the business opportunities Dee has provided the community at the helm of the Dolphins franchise.

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Categories: Awards & Recognitions
Tags: Clifford A. Schulman
Author(s): Brooke P. Dolara

Changes Made to the Definition of Misconduct Under the Florida Unemployment Statutes

With unemployment on the rise, the number of claims filed for unemployment compensation benefits has soared. On June 27, 2011, Governor Rick Scott signed new legislation which expands the meaning of misconduct under the unemployment compensation statutes.

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Categories: Labor and Employment
Tags: Brett J. SchneiderFlorida LegislatureUnemployment CompensationEmployee MisconductSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation Lawyers
Author(s): Alison F. Smith

CGL Coverage for Construction Defects: What Triggers a Carrier's Obligation to Defend or Indemnify Its Insured

Insurance coverage for property damage is standard on most construction projects, from the General Contractor down to lowered-tiered subcontractors. All too often, damage caused from construction defects is hidden and not readily observable until long after a project has been completed. A common occurrence in Florida is slow, progressive water damage which is not discovered until it "manifests", usually when a building has deteriorated to the point where structural elements such as wood framing have become compromised and exterior finishes such as stucco have fallen off.

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Categories: LitigationConstruction Law
Tags: InsuranceCommercial General LiabilityConstruction Defects
Author(s): Gary L. Brown

Florida Supreme Court Won't Hear Appeal of Coral Gables Pick-Up Truck Ban

The Florida Supreme Court decided not to hear an appeal of the ruling from the Third District Court of Appeals upholding the constitutionality of the Coral Gables ordinance banning overnight pick-up trucks in the City.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentFlorida Supreme CourtMitchell A. BiermanJamie A. ColeChad S. FriedmanRichard Jay WeissDavid M. WolpinCoral GablesFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Airport Law
Author(s): Alexander L. Palenzuela-Mauri