Fuerst Ittleman David & Joseph

On December 15, 2025, the Eleventh Circuit Court of Appeals joined several circuit courts in refusing to enforce arbitration agreements that purport to waive plan-wide relief available under the Employee Retirement Income… more

1/9/2026 / Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

Undock That Appeal—The Federal Arbitration Act Doesn’t Apply to Workers Engaged in Interstate Commerce

The Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”), broadly construes arbitration clauses in contracts “evidencing a transaction involving commerce.” 9 U.S.C. § 2. See Citizens Bank v. Alafabco, Inc., 539 U.S. 52, 56… more

12/9/2025 / Alternative Dispute Resolution (ADR), Labor & Employment Law, Maritime Law

Florida's New Stem Cell Laws: Unburdened by What Has Been

On July 1, 2025, Florida’s new “Stem Cell Therapy” legislation became effective, adding Fla.Stat. § 458.3245 to Florida’s Medical Practices statutes and § 459.0127 to Florida’s Osteopathic Medicine statutes. Florida’s new stem… more

11/3/2025 / Administrative Law, Health, Science, Computers, & Technology

Florida’s New Flood Disclosure Law: What Tenants, Landlords, and Buyers Need to Know

Starting October 1, 2025, Florida’s Flood Disclosure Law (CS/CS/SB 948, 2025 Legislature) took effect, bringing sweeping changes to landlord-tenant, real estate sales, condominium, cooperative, and mobile home park transactions… more

10/14/2025 / Environmental Law, Insurance, Real Estate - Residential

Note to Businesses with Arbitration Clauses in Their Consumer Agreements: Get the Clause Approved

Sometimes consumers rush to court to sue a business when they should have instead gone to arbitration. Consumers may overlook that the business’s terms and conditions required them to arbitrate their claims. The result is an… more

10/13/2025 / Alternative Dispute Resolution (ADR), Civil Procedure, Consumer Protection

Twitter Arbitration Clash: Second Circuit Says Fight Over Ongoing Fees is Not a Refusal to Arbitrate

Every so often an employee files a demand in arbitration against its employer as required by an employment agreement, but the employer refuses to pay the arbitration fees despite the parties’ agreement or the arbitral body’s… more

9/24/2025 / Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

Subrogees Beware—You Can Be Compelled to Arbitrate as Third-Party Beneficiaries to an Arbitration Agreement

Cases requiring non-signatories to an arbitration agreement to arbitrate are not uncommon. Cases compelling subrogees to arbitrate, not because of an insurance policy but because of another contract, are less common. In Various… more

4/15/2025 / Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Insurance

The GLP-1 Saga Continues: FDA Ends the Tirzepatide Shortage: Frequently Asked Questions

On December 19, 2024, FDA formally announced the end of the tirzepatide shortage in a Declaratory Order issued to Eli Lilly & Co. (“Lilly”). Lilly is tirzepatide’s patentholder and the manufacturer of the two branded versions of… more

1/27/2025 / Administrative Law, Health, Intellectual Property

The Role of Delegation Clauses in Motions to Compel Arbitration When Your Family Member Signs an Arbitration Agreement

It happens every so often: someone signs an agreement to arbitrate legal claims, the agreement has a solid clause delegating arbitrability issues to an arbitrator, and then a member of that person’s family files a claim in court… more

1/22/2025 / Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Florida Civil Litigation Update: Major changes to the rules of civil procedure have gone into effect. Practitioners must be aware of the consequences for noncompliance.

January 1, 2025, marked a historic day for Florida civil litigation as the much-anticipated sweeping changes to the Florida Rules of Civil Procedure went into effect. These changes will fundamentally change how civil cases are… more

1/21/2025 / Administrative Law, Civil Procedure

Lilly v. FDA: Two Stories Collide to Make this GLP-1 Case a Tale of Our Time

I recently learned of Eli Lilly & Co.’s (“Lilly”) recent lawsuit against FDA from Nicole DeFeudis, who interviewed me for her Endpoints News story about the case. Lilly’s lawsuit, filed in September 2024 in the Southern District… more

1/15/2025 / Administrative Law, Civil Procedure, Health, Intellectual Property, Science, Computers, & Technology

FDA Issues Five Warning Letters to Makers of Knockoff GLP-1 Drugs

On December 17, 2024, the FDA published five (5) warning letters previously issued to makers of knockoff GLP-1 drugs. Four of the five warning letters were to companies (specifically, Xcel Research, Prime Vitality, Summit… more

12/20/2024 / Administrative Law, Criminal Law, Science, Computers, & Technology

Compounded GLP-1 Drugs: is the Party Over? These Are the Legal and Regulatory Issues for Game Changing Weight Loss Products and the Companies Selling Them

Author’s Note: This is an updated version of the post to our blog dated October 30, 2024. Later that day, FDA announced the resolution of Novo Nordisk’s semaglutide shortage, which altered the conclusion of our original post and… more

11/4/2024 / Business Organizations, Civil Procedure, Consumer Protection, Health, Intellectual Property

Does the Failure to Comply With a Pre-suit Mediation Clause Result in the Waiver of the Right to Arbitration? Only the Arbitrator Knows!

Florida’s Second district court of appeal recently issued another opinion in the long line of decisions to determine the gatekeeping question of arbitration under the Revised Florida Arbitration Code, §§ 682.01, Fla. Stat., et… more

10/17/2024 / Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

“Fourth-Order” Arbitration Disputes and Mandatory Stays During Arbitration—a Busy Month in Supreme Court for Arbitration Case Law

In close succession, the Supreme Court of the United States recently decided two short but meaningful cases that arbitration litigants must keep in mind: Coinbase, Inc. v. Suski, 144 S.Ct. 1186 (May 23, 2024) and Smith v… more

7/2/2024 / Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

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Fuerst Ittleman David & Joseph

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