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Monday 8:30am - 5:30pm Tuesday 8:30am - 5:30pm Wednesday 8:30am - 5:30pm Thursday 8:30am - 5:30pm Friday 8:30am - 5:30pm

Weinstein Trial Firm, PLLC

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Weinstein Trial Firm, PLLC

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01/19/2026

Today, we honor this quote from Dr. Martin Luther King, Jr., as one that aligns with the values of the Weinstein Trial Firm team; relentless, effective and aggressive representation for our clients is the only way we litigate.

01/14/2026

Has your contractual counterpart stopped making payments under your contract, citing grounds of non-performance? Far too often, parties to a contract cite non-performance as a basis to justify non-payment. Equally as often, the claimed grounds of non-performance either do not exist or do not excuse payment. The litigators at WTF separate fact from fiction.

12/31/2025

Weinstein Trial Firm wishes everyone a Happy New Year! A big shout out to our managing and founding partner, Stuart Weinstein, for taking a leap of faith into the unknown and for achieving what was once thought to be unachievable. Uncertainty brings new challenges and at the same time, brings new personal bests. And bests can always be bested.

We look forward to elevating your business litigation and industry specific needs in 2026!

12/30/2025

Insights from the Defense 4: As business litigators we commonly see the phrase ‘consequential damages’ in our clients’ contracts with others. However, when questioning our clients—"What do you understand the consequential damages to include here?”—we learned that many of our clients do not quite understand what the phrase ‘consequential damages’ really means and what those damages include and do not include. Our clients do know that excluding consequential damages from any contract serves to minimize exposure to contingent contract liabilities which are oftentimes claimed in an alleged breach of contract. But a natural and probable consequence of failing to understand and consider: 1) what qualifies as a consequential damage, including those that may be unique to a specific business or industry, and 2) corresponding contract language to exclude those consequential damages, could result in overinflated and infinite damages claims that far exceed the value of the underlying contract.

In litigation, consequential damages should be strictly defined to include all categories of damages that do not necessarily result from a failure to perform express obligations under a contract. This means that consequential damages should not be limited to those costs that a party claims to have incurred with a third party. For instance, if a contract calls for the maintenance of elevators and escalators and that maintenance is not adequately performed ultimately resulting in the claimed need to replace the equipment, a subsequent breach of contract action to recover the cost to repair or replace elevators and escalators should be categorized as seeking an excluded consequential damage. The characterization of consequential damages using a strict causation test should be applied to reduce recoverable damages to an amount that does not greatly exceed the total price of a contract for a given term. Under this strict causation approach, what is often categorized as delay damages in maintenance contracts may be more appropriately characterized as consequential (and excluded) loss of use damages, since the only harm incurred in this context is the loss of use for the time that equipment was waiting to be serviced.

Used strategically, appropriately defining excluded “consequential damages” at the contracting stage or, alternatively, employing a strict causation test to pending claims seeking consequential damages are effective ways to narrow or prevent further disputes over what constitutes consequential damages to begin with. Because even the definition of consequential damages could greatly increase or decrease exposure in a breach of contract claim, consulting with experienced counsel on these issues is certainly warranted.

◢To read the full article, visit our website at www.weinsteintrialfirm.com

12/26/2025

As this year comes to an end, we look back
and appreciate all that we have built in the last eight months.

We thank our clients who put their faith and trust in us as we transitioned to Weinstein Trial Firm, PLLC and we thank our team for their hard work, efficiencies and dedication.

Weinstein Trial Firm has officially made its mark in the trial courts across the State of Florida, and we are proud of the many successes that the attorneys at Weinstein Trial Firm have already achieved.

We wish everyone a happy holidays and a successful year in 2026!

Lisa Russ Wood

12/19/2025

Insights from the Defense 3: In October of 2025, Representative Fiona McFarland filed (sponsored) House Bill 145 which proposes to raise sovereign immunity caps in multiple phases from the current caps of $200,000 per individual/$300,000 per incident to as high as $600,000 per individual/$1.2 million per incident at the final phased increase in October 1, 2031. House Bill 145 also allows local governments to negotiate settlements with claimants in amounts that exceed the proposed statutory caps. If passed, the higher caps will undoubtedly increase the costs of private contractors doing business with governmental agencies under service contracts, project-specific contracts, professional services contracts, construction contracts, term contracts or independent contractor agreements, due to the private contractor’s required absorption of higher potential liabilities.

Immunity caps factor into the defense and indemnity analysis in that the contractor can rely on relatively limited exposure when it comes to contingent third-party liabilities of the agency. The typical fact pattern is this: a governmental agency is sued and then tenders its defense and indemnification to private companies whose contract work may be related to the third-party claim. Per the terms of the contract, the private contractor assumes the defense of the governmental agency but, since any exposure of that agency is currently limited to just $200,000 per claimant – often a fraction of the overall claim – the contractor can strategically defend the claim using the immunity limitations as a shield against overall exposure. If HB 145 is passed, however, the proposed statutory cap of up to $600,000 will eventually triple the contingent liability exposure for private companies and in most tort cases eliminate a strategic use of immunity limitations.

Read the full article on our website: www.weinsteintrialfirm.com

11/27/2025

The Weinstein Trial Firm Team wishes you a Happy Thanksgiving!
Today, we give thanks to our clients and to our expanding team!

11/24/2025

The Weinstein Trial Firm has moved locations to the Broward Financial Centre, 500 East Broward Blvd., Suite 900, Fort Lauderdale, Florida, 33394!

11/23/2025

Insights from the Defense No. 2: On October 1, 2025, the First District Court of Appeals issued an opinion in City of Gainesville v. Parkwood Alachua Land Investments, Inc., 2025 WL 2792459 (Fla. 1st DCA, Oct. 1, 2025) that provides a cogent message for interpretating contractual rights and obligations by adopting a “whole text” rationale—giving equal meaning to a contract’s “prefatory” language as context for its substantive terms—instead of limiting its analysis only to the contract’s substantive terms.

Even the most carefully drafted language can have unintended effects when courts are left to interpret a parties’ meaning and intent. In light of the City of Gainesville’s decision, however, drafters should consider the written context of provisions used within the contract itself. Chosen words and placement are no longer the limiting considerations. Rather, there is a new importance in drafting prefatory language if used to explain the parties’ intent and express purposes of the contract so that courts do not unwittingly create or eliminate contractual obligations especially including obligations of payment, contractual obligations to indemnify and defend a party against third-party claims, and contractual obligations which limit a party’s liability under a contract to a predetermined amount.

◢Read the full article on our website -->www.weinsteintrialfirm.com

11/19/2025

Weinstein Trial Firm is happy to welcome its senior paralegal, Lisa Wood, to their team! Lisa is a highly skilled and dedicated paralegal professional with over 34 years of experience in the legal field. Lisa graduated from Hammel College where she earned her degree in Paralegal Studies and has been a Florida Registered Paralegal since February, 2011. Lisa also recently earned her certification as an E-Discovery Specialist in December, 2024.

Lisa has been working in civil defense litigation for over 12 years. She is known for her exceptional attention to detail, strong research skills, and ability to work well under pressure. She is a master at drafting legal documents, managing case files, and organizing complex legal information. Lisa is also well-versed in the latest legal software and technology, making her an invaluable asset to any legal team.

In her free time, Lisa enjoys spending time with her family, reading, participating in outdoor activities and loves nature.

Lisa is a true professional, and her passion for the law makes her a standout in the legal field.

Address

Broward Financial Centre, 500 East Broward Boulevard , Suite 900
Fort Lauderdale, FL
33394

Opening Hours

Monday	8:30am - 5:30pm
Tuesday	8:30am - 5:30pm
Wednesday	8:30am - 5:30pm
Thursday	8:30am - 5:30pm
Friday	8:30am - 5:30pm

Website

http://www.weinsteintrialfirm.com/

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