Fuerst Ittleman David & Joseph

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

Corporate Transparency Act: Executive Summary

The Corporate Transparency Act became law in the United States on January 1, 2021 and required compliance beginning on January 1, 2024. For more information about the background of the statute, please read our prior articles…more

2/7/2024 / Business Organizations, Finance & Banking, Securities Law

Arbitration in Action: When Challenging an Arbitration Agreement’s Delegation Clause, Do So Specifically—and Challenge the Right Thing

Specificity seldom hurts in litigation. It is indispensable if you want to prevent an arbitrator from arbitrating something you think a court should adjudicate instead. But although you may be right about the non-arbitrability…more

1/25/2024 / Alternative Dispute Resolution (ADR)

Florida Litigation Update: Third DCA Clarifies When Joint Proposals for Settlement Are Ambiguous and Addresses the Interplay Between Joint Proposals and Indemnification Agreements.

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 / Civil Procedure, Commercial Law & Contracts

Florida Litigation Procedure Update: Third DCA Clarifies Key Aspects of § 57.105

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 Court…more

9/26/2023 / Civil Procedure, Communications & Media Law

Federal Litigation Update: The Eleventh Circuit Clarifies When Expert Reports are Required by Fed. R. Civ. P. 26(a)(2)(B).

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

8/30/2023 / Civil Procedure

Florida Nursing Home Negligence Update: Florida’s Fourth District Court of Appeal quashes denial of motion to dismiss nursing home negligence complaint that did not comply with section 400.023, Florida Statutes.

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 denying…more

8/23/2023 / Business Organizations, Civil Procedure, Personal Injury

Florida’s Insurers Rehabilitation and Liquidation Act: What Happens in Florida When Insurers Become Insolvent

Current state of affairs - Even before Hurricane Ian made landfall and devastated southwest Florida in September 2022, six property & casualty insurers had voluntarily declared themselves insolvent and allowed the State to…more

4/13/2023 / Bankruptcy, Finance & Banking, Insurance

Tort reform update: Florida passes comprehensive tort reform that has potential to fundamental alter civil litigation in Florida.

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 the…more

4/13/2023 / Administrative Law, Business Torts, Toxic Torts

FinCEN Issues Final Rule for Beneficial Ownership Reporting Requirements Under the Corporate Transparency Act

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. FinCEN’s…more

10/24/2022 / Business Organizations, Finance & Banking, Taxation

Navigating Unjust Enrichment Claims in Florida: Direct (and Indirect) Lessons from CFLB Partnership, LLC v. Diamond Blue Int’l, Inc., and Its Predecessors

A sometimes-overlooked factor in unjust enrichment claims is that the claimant must directly confer a benefit on the defendant—not indirectly, not effectively, not practically, but directly. The Florida Supreme Court made this…more

9/14/2022 / Business Organizations, Civil Procedure

D.C. Circuit: U.C.C. Article 4A Does Not Govern Judgment Creditors’ Claims to Sanctioned Company’s Funds Held by Intermediary Bank; Concurrence Calls for Clearer Standard.

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 that…more

9/7/2022 / Finance & Banking, International Law & Trade

1.510 Summary Judgment Update: Florida Courts of Appeal Continue to Clarify Florida’s New Summary Judgment Standard

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 Rule…more

6/30/2022 / Civil Procedure

Insurance Litigation Update: Eleventh Circuit Clarifies Standard for Courts Confronting Merits- and Coverage- Based Claims Simultaneously Pending in State and Federal Courts

Almost everyone loves insurance in lawsuits. Plaintiffs love the potential pocket to pay the claim; defendants love the safety net of their insurer funding the defense and potentially the damages that may flow from an adverse…more

6/1/2022 / Commercial Law & Contracts, Insurance

Eleventh Circuit Court of Appeals: We lack jurisdiction under the Class Action Fairness Act to review sua sponte remand order.

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

4/5/2022 / Civil Procedure

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