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.

 

 

Published In: Alternative Dispute Resolution (ADR) Updates, General Business Updates, Professional Malpractice Updates, Residential Real Estate Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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