Jason H. Baruch

Jason H. Baruch

Trenam Kemker

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Breach of Confidentiality Clause Leads to Disgorgement of Settlement

In this employment termination case, plaintiff Snay (a school principal), and Defendant, Gulliver (the school), settled and agreed to keep the settlement confidential. Four days after the parties signed the settlement...more

4/14/2014 - Confidentiality Facebook Hiring & Firing Settlement Termination

Serving Privilege Log After Denial of Protective Order

In this insurance case, the trial court denied State Farm’s motion for protective order. On Appeal, State Farm argued that the trial court should have conducted an in-camera review or addressed the objections to the...more

2/26/2014 - Privilege Logs Protective Orders State Farm

No Discovery After Settlement

In this foreclosure case, certain borrower-defendants stipulated to a deficiency judgment, while one defendant did not. The non-settling defendant prevailed at trial on the basis that the lender lacked standing to pursue the...more

1/10/2014 - Discovery Settlement Standing

Person responding to subpoena entitled to costs of production

In this case, the trial court ordered a third party to produce documents that were alleged to be confidential, and denied the third party its costs in providing the production. ...more

12/4/2013 - Confidentiality Document Productions Legal Costs Subpoenas

Postage-Meter Mark May Rebut Date Listed in Certificate of Service

In this foreclosure case, the bank moved for reconsideration after trial. The certificate of service in the motion listed the last day (day 10) to serve the motion. The postage-meter, however, listed the following day (day...more

10/9/2013 - Banks Foreclosure Mortgages Service of Process

Loan Servicer May Verify Foreclosure Complaint

In this residential foreclosure case, the trial court dismissed an amended complaint whose verification was signed by a person on behalf of “Wells Fargo Bank, N.A. as contractual servicer for US Bank National Association.” ...more

9/11/2013 - Affidavits Banks Foreclosure Loans Mortgage Servicers Mortgages Verification Requirements Wells Fargo

Vexatious Litigant – Case Dismissed with Prejudice

In this tort case, the appellate court affirmed a dismissal order finding a pro se plaintiff to be a “vexatious litigant,” which according to Florida Statute § 68.093, includes a pro se litigant “who, in the immediately...more

7/24/2013 - Dismissal With Prejudice Frivolous Lawsuits Malicious Prosecution

Dismissal for Fraud on the Court Not Available to Resolve Jury Questions – Herman v. Silver

In this medical malpractice case, a husband sued after his wife died allegedly from kidney failure after the defendant doctor performed surgery. At the trial, the husband testified about various issues, including his wife’s...more

5/7/2013 - Document Productions Fraud Medical Malpractice Witness Statements

Order Restricting Informal Discovery Infringes on Litigant’s Right to Free Speech

In this medical business dispute between a buyer and sellers of surgical centers, the trial court entered an order precluding the sellers from communicating with any third party, including those in other countries, about the...more

4/1/2013 - Discovery First Amendment Free Speech

Court May Not Strike Plaintiff’s Voluntary Dismissal Unless Plaintiff Obtained Affirmative Relief – PINO V. THE BANK OF NEW YORK

In this contentious foreclosure case, the lender filed multiple complaints that allegedly attached an inauthentic mortgage and assignment. After receiving a sanctions motion by defense counsel, the lender dismissed the...more

2/13/2013 - Affirmative Relief Appeals Foreclosure Mortgages Motion To Strike Voluntary Dismissals

Vorbeck v. Betancourt – Dismissal of Pure Bill of Discovery

In this case, the plaintiffs filed a complaint for a “pure bill of discovery” to obtain information attempting to confirm plaintifffs’ suspicions that a 50% owner of the subject company had misappropriated corporate assets...more

1/11/2013 - Adequate Remedy at Law Corporate Records Discovery Misappropriation

Rescission of Settlement Agreement for Discovery Misconduct – Garvin v. Tidwell

In this case, the plaintiff was injured when she fell off of a horse, named “Buster,” who had behaved obstreperously while plaintiff tried to ride him. Defendant claimed that Buster never exhibited any dangerous behavior. ...more

11/13/2012

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