Monthly Archives: June 2011

The Nitty Gritty of Proposals for Settlement from a Plaintiff’s Perspective

By: Charles B. Jimerson, Esq. and Amanda Brooks

Proposals for settlement are a very effective tool to bring contested litigation to a mutually agreeable resolution. If utilized by a Plaintiff, it can create a fee mechanism where a basis may not otherwise exist. When a plaintiff is considering a proposal for settlement, there are specific procedures which must be followed in order for the proposal to be valid and enforceable if accepted. If the proposal is not accepted by the defendant and the procedure is followed correctly, a plaintiff may still be able to secure attorneys’ fees and costs associated with the litigation thereafter. Read Full Post

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Compliance with the Fair Debt Collections Practices Act (FDCPA)

By: Charles B. Jimerson, Esq. and Alban E. Brooke
When the economy begins to slow, consumers often begin to fall behind in payments and businesses commonly turn to debt collection agencies, or attorneys, to obtain payment on past due invoices. While this is an unfortunate circumstance, both for creditors and debtors, it can be made much worse through abusive collection practices and FDCPA violations.
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Single Spouse Ownership and the Ability to Convey Homestead Property

By: Charles B. Jimerson, Esq. and Amanda Brooks
Many people believe that by virtue of holding ownership of a property, the owner may convey the property as they wish. This is not always the case when an individual is married. A home may be owned by only one spouse. The owner of the home may choose to sell or convey the marital home to another individual, without the consent of his or her spouse. In situations such as these, the spouse who failed to give consent, or the “non-joined” spouse, may have a claim invalidating the conveyance through claiming the homestead exemption. Read Full Post

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Determining Whether an Exclusionary Provision in an Insurance Policy Actually Precludes Recovery

By Charles B. Jimerson, Esq. and Amanda K. Brooks
Many individuals and companies don’t read their insurance policies until an event has occurred and they need to recover for losses under the policy. Sometimes, an individual or company will file a claim with their insurance company, only to be rejected coverage due to an exclusionary provision. Read Full Post

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