CAN FORECLOSURE SALE BE OVERTURNED BECAUSE SALE PRICE IS GROSSLY INADEQUATE?
Foreclosure actions are equity actions. See Verzura Construction, Inc. v. Hotel La Petitite Muse, LLC, 50 Fla.L.Weekly D2500a (Fla. 3d DCA 2025). Can a sale price at a foreclosure auction sale be set aside because the foreclosed party believes the sale price is grossly inadequate? A...
QUICK NOTE: IF YOU WANT TO RECOVER ATTORNEY’S FEES IN A CONTRACTUAL DISPUTE, INCLUDE A PREVAILING PARTY ATTORNEY’S FEES PROVISION
AN “AGREEMENT TO AGREE” IS NOT A BINDING CONTRACT
A driving issue in a recent dispute was whether a binding contract existed simply through the selection of a proposal in response to a solicitation. Or, was there nothing more than an "agreement to agree," which does not create a binding contract. There is an important distinction between...
GOVERNMENT CLAIMING CONTRACT IS VOID AB INITIO BY CONTRACTOR KNOWINGLY MAKING FALSE STATEMENTS
Can the federal government declare a contract “void ab initio” or void from the beginning? Yes, if the government can “prove that the contractor (a) obtained the contract by (b) knowingly (c) making a false statement.” MLB Transportation v. U.S., 2025 WL 2962897, *8 (Fed.Cl. 2025) (citation omitted).
PROMPTLY NOTIFYING YOUR INSURER OF A CLAIM MATTERS
Does promptly notifying your insurer of a claim matter? A recent case out of the 11th Circuit Court of Appeals answers this question in the affirmative. MAKE SURE TO PROMPTLY NOTIFY YOUR INSURER OF A POTENTIAL CLAIM.
In L. Squared Industries, Inc. v. Nautilus Ins....
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David Adelstein
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