Arbitration

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UPDATED THROUGH September 4, 2012

 

Statute of Frauds – Arbitration. Question Certified: Does section 95.011, Florida Statutes apply to arbitration when the parties have not expressly included a provision in their arbitration agreement stating that it is applicable? Raymond James Fin. Servs., Inc. v. Phillips, No. SC11-2513 (review granted January 27, 2012). DCA decision:  2011 WL 5555691, 36 Fla. L. Weekly D2479a (Fla. 2d DCA Nov. 16, 2011). Status: briefing complete; oral argument scheduled for Oct. 2, 2012.

 

Medical Malpractice – Wrongful Death. Is an arbitration clause in a doctor-patient financial agreement which required all disputes relating to diagnosis, treatment, or care of patient be resolved by arbitration, limited non-economic damages and required compliance with the presuit notice requirements contrary to the public policy embodied in Chapter 766? Franks v. Bowers, No. SC11-1258 (review granted Nov. 8, 2011). DCA decision: 62 So. 3d 16 (Fla. 1st DCA 2011). Status: briefing complete; oral argument rescheduled for Oct. 3, 2012.

 

Fraud – Arbitration. Conflict Certified: Was an arbitration clause in a real estate contract applicable to plaintiff's action alleging that plaintiff's decision to purchase property was based on defendant's fraudulent misrepresentation in an advertisement that a "wetlands study verifies no wetlands" where the fraud claim was not significantly related to the contract.  Jackson v. Shakespear Foundation, Inc., No. SC11-1196 (review granted Nov. 8, 2011). DCA decision: 61 So. 3d 1194 (Fla. 1st DCA 2011). Status: decision pending; Oral Argument Video (June 5, 2012).

 

Nursing Homes – Arbitration Clause. Question Certified: Does the execution of a nursing home arbitration agreement by a party with the capacity to contract, bind the patient’s estate and statutory heirs in a subsequent wrongful death action arising from an alleged tort within the scope of an otherwise valid arbitration agreement? Laizure v. Avante at Leesburg, Inc., No. SC10-2132 (review granted Dec. 14, 2010). DCA decision: 44 So. 3d 1254 (Fla. 5th DCA 2010). Status: briefing complete; no oral argument.