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Arbitration Agreements › FL Supreme Court

Proskauer - Minding Your Business

Florida’s High Court Clarifies that Incorporating AAA Rules into an Arbitration Provision Delegates Arbitrability to Arbitrator

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When a litigant seeks to compel arbitration pursuant to the Federal Arbitration Act (“FAA”), there are two issues that must be resolved: (1) whether there is an agreement to arbitrate; and, if so, (2) whether the dispute at...more

Faegre Drinker Biddle & Reath LLP

Florida Supreme Court Upholds Airbnb 'Clickwrap' Arbitration Clause

Faegre Drinker Biddle & Reath LLP on

On March 31, 2022, in Airbnb, Inc. v. Doe, the Florida Supreme Court aligned itself with nearly every federal circuit1 in holding that a “clickwrap” agreement that incorporates arbitration rules expressly delegating...more

Carlton Fields

Florida Supreme Court Weighs in on Delegation Language in Arbitration Provisions, Affirms Sufficiency of "Reference to Rules"...

Carlton Fields on

On March 31, 2022, the Florida Supreme Court issued a 6-1 decision in Airbnb Inc. v. Doe that resolved a split among Florida state appellate courts as to how specific a delegation of arbitrability must be to delegate the...more

Shutts & Bowen LLP

You Can’t Run From That Arbitration Covenant Running With The Land

Shutts & Bowen LLP on

In a recent case, the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound the second owner. The case serves as a good reminder that, although a subsequent owner of...more

Foley & Lardner LLP

Florida Supreme Court Splits from Eleventh Circuit on Consumer Warranty Issue

Foley & Lardner LLP on

A recent decision of the Florida Supreme Court is a good reminder that automakers and dealers may have different arguments depending on whether consumer Magnuson-Moss Warranty Act (MMWA) claims are filed in state or federal...more

Faegre Drinker Biddle & Reath LLP

Disclosure of Binding Arbitration Not Required In Consumer Warranties, Says Florida Supreme Court

Faegre Drinker Biddle & Reath LLP on

On February 18, the Florida Supreme Court ruled that a warrantor of a consumer product is not required to disclose a binding arbitration agreement as part of the warranty-related items that must be disclosed “in a single...more

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