Florida litigators are well aware of the power of a properly used proposal for settlement and the potentially devastating consequences of rejecting such a proposal. Such proposals are powerful tools designed to facilitate...more
1/24/2024
/ Ambiguous ,
Attorney's Fees ,
Enforcement ,
FL Supreme Court ,
Florida ,
Good Faith ,
Illusory Contracts ,
Indemnification ,
Jurisdiction ,
Non-Monetary Payments ,
Punitive Damages ,
Settlement ,
Trial Court Orders
In AT&T Mobility, LLC v. Rigney, 3D21-2261 (Fla. 3d DCA Sept. 6, 2023), Florida’s Third District Court of Appeal reviewed the denial of two motions for sanctions under section 57.105, Florida Statutes. In its ruling, the...more
9/26/2023
/ Appeals ,
AT&T ,
Attorney's Fees ,
FDUTPA ,
Florida ,
Fraud ,
Frivolous Lawsuits ,
Genuine Issue of Material Fact ,
Good Faith ,
Prevailing Party ,
Sanctions
On August 4, 2023, in Cedant v. United States, No. 21-12661, –F.4th–, 2023 WL 4986402 (11th Cir. August 4, 2023), the Eleventh Circuit clarified who must provide expert reports under Fed. R. Civ. P. 26(a)(2)(B). More...more
On August 9, 2023, in Preston v. The Estate of Romanoff, No. 4D23-282 (Fla. 4th DCA August 9, 2023), Florida’s Fourth District Court of Appeal granted a petition for writ of certiorari and quashed the trial court’s order...more
8/23/2023
/ Appeals ,
Bodily Injury ,
Breach of Duty ,
Damages ,
Enforcement ,
Fiduciary Duty ,
Florida ,
Motion to Dismiss ,
Negligence ,
Nursing Homes ,
Passive Investments ,
Petition for Writ of Certiorari ,
Policies and Procedures ,
Wrongful Death
On March 24, 2023, Governor DeSantis signed into law House Bill 837, a comprehensive bill aimed at creating significant tort reform that has the potential to fundamentally alter civil litigation in Florida. HB 837 shortened...more
4/13/2023
/ Arbitration ,
Attorney-Client Privilege ,
Bad Faith ,
Damages ,
Florida ,
Governor DeSantis ,
Insurance Contracts ,
Litigation Strategies ,
Medicaid ,
Negligence ,
New Legislation ,
Reimbursements ,
Tort Reform
On September 29, 2022, the Financial Crimes Enforcement Network (“FinCEN”) promulgated its much-anticipated Final Rule implementing the beneficial ownership reporting scheme mandated by the Corporate Transparency Act....more
10/24/2022
/ Bank Secrecy Act ,
Beneficial Owner ,
Corporate Governance ,
Corporate Transparency Act ,
Final Rules ,
Financial Institutions ,
FinCEN ,
Foreign Corporations ,
IRS ,
Limited Liability Company (LLC) ,
Money Laundering ,
NDAA ,
Noncompliance ,
Ownership Interest ,
Penalties ,
Publicly-Traded Companies ,
Reporting Requirements ,
Tribal Corporations
On August 16, 2022, the United States Court of Appeals for the D.C. Circuit issued its ruling in Estate of Jeremy Isadore Levine, et al. v. Wells Fargo Bank, N.A., No. 21-7036, –F.4th– (D.C. Circuit August 16, 2022), a case...more
9/7/2022
/ Appeals ,
Banks ,
Blocked Entities ,
Creditors ,
Economic Sanctions ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Forfeiture ,
Fund Transfers ,
Intermediaries ,
Office of Foreign Assets Control (OFAC) ,
Terrorism Funding ,
TRIA ,
Wells Fargo
1.510 Summary Judgment Update: Florida Courts of Appeal Continue to Clarify Florida’s New Summary Judgment Standard
On May 1, 2021, the Florida Supreme Court overhauled its summary judgment standard by amending Florida...more
On March 9, 2022, the Eleventh Circuit Court of Appeals denied a petition for permission to appeal an order remanding a case removed to federal court under the Class Action Fairness Act (“CAFA”). In its ruling denying the...more
On February 23, 2022, the Florida Third District Court of Appeal issued its opinion in New Horizons Condominium Master Association, Inc. v. Harding, and held that under Florida law a defendant does not waive the protections...more
3/8/2022
/ Affirmative Defenses ,
Appeals ,
Arrearages ,
Business Judgment Rule ,
Comcast ,
Condominium Associations ,
Condominiums ,
Defense Strategies ,
Florida ,
Settlement Agreements ,
Statutory Interpretation ,
Summary Judgment ,
Ultra Vires
On February 3, 2022, the Florida Supreme Court issued its opinion in Pincus v. American Traffic Solutions, Inc. clarifying that under Florida law, where a plaintiff has received adequate consideration in exchange for a...more
2/17/2022
/ Appeals ,
Appellate Courts ,
Class Action ,
Convenience Fees ,
FL Supreme Court ,
Money Transmitter ,
Motor Vehicles ,
Red Light Cameras ,
Statutory Interpretation ,
Statutory Violations ,
Traffic Laws ,
Traffic Violations ,
Unjust Enrichment
On January 6, 2022, the Florida Supreme Court started the new year off with a bang, to wit: the Court amended Florida Rule of Appellate Procedure 9.130 to allow for appeals of nonfinal orders granting or denying motions to...more