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Arbitration Florida

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Carlton Fields

Florida Appeals Court Decisions: Week of September 9-13, 2024

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Florida Supreme Court - Tallahassee - Sexton v. State - capital case, direct appeal - In re Fla R Mediators - amended rules - In re Fla R Juv P - amended rules...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 2-6, 2024

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USA v. Wall - competency, RICO, trafficking, evidence, instructions, sentencing... Steines v. Westgate Palace - arbitration, Military Lending Act... USA v. Deleon - sentencing, physically restrained... USA v....more

Carlton Fields

Florida Appeals Court Decisions: Week of August 26-30, 2024

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U.S. Eleventh Circuit Court of Appeals USA v. Schwarzbaum - IRS, penalties ECB v. Chubb - insurance, policy interpretation, financial institution Boyd v. DOC - postconviction relief Eknes-Tucker v. Ala Gov - en...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 19-23, 2024

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Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire fraud, false statements, evidence,...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 12-16, 2024

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U.S. Eleventh Circuit Court of Appeals - Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 5-9, 2024

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Commodities & Min v. CVG - arbitration confirmation - USA v. Bush - escape, instructions, mens rea - AW v. Coweta Cnty Sch Dist - ADA, Title II, emotional distress damages - USA v. Munoz - denaturalization, estoppel - ...more

Clark Hill PLC

Changes Take Effect for Florida Rules of Civil Procedure

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Recently, the Florida Supreme Court amended the Florida Rules of Civil Procedure, and two notable changes took effect on July 1. First, the Florida Supreme Court is amending Rule 1.110 to require any party who sets forth any...more

Bressler, Amery & Ross, P.C.

Florida’s Third District Court of Appeal Overturns AAA Arbitration Award based on Claimant’s Failure to Affirmatively Plead Claim...

On June 12, 2024, Florida’s Third District Court of Appeal vacated a $1.5 million legal malpractice arbitration award, holding the arbitrator unfairly considered an unpled theory of relief when rendering an award in favor of...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — FTSA Roundup: A Defendant-Friendly Start to 2024

The last month has brought several noteworthy decisions helpful for defendants facing class actions brought under the Florida Telephone Solicitation Act (FTSA). Issues include the enforcement of arbitration agreements,...more

Miles Mediation & Arbitration

Get it in Writing: The Importance of a Signed Mediation Agreement

The goal of mediation is to settle a claim or lawsuit. However, there is an important element of mediation that should never be overlooked — creating, and signing, the mediation agreement after the issues have been resolved...more

McGlinchey Stafford

Can a Consumer Prevail in an FCRA Case Without Actual Damages? - McGlinchey Commercial Law Bulletin - November 16, 2023

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Oral Contract claims- Scott v. First Choice Auto Clinic, Inc., 10th Dist. Franklin No. 2023-Ohio-3855. In this appeal, the Tenth Appellate District affirmed in part and reversed in part the trial court’s decision to...more

McGlinchey Stafford

Am I Entitled to Indemnification? - McGlinchey Commercial Law Bulletin - September 29, 2023

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Ohio- Conversion- Bradford v. A Star Properties, LLC, 9th Dist. Summit No. 2023-Ohio-3451- In this appeal, the Ninth Appellate District affirmed the trial court’s decision to grant defendants judgment on a claim for...more

Shumaker, Loop & Kendrick, LLP

"Arbitration Agreements in Residential Construction Contracts," ActionLine Spring 2023

Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states. This population growth has been accompanied, at least until the third quarter of 2022,...more

Fuerst Ittleman David & Joseph

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...more

Rumberger | Kirk

Florida’s Most Comprehensive Tort Reform in Decades and What it Means for Insurers and Bad Faith Law

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This morning Governor Ron DeSantis signed the reforms compiled in Senate Bill 236 and House Bill 837 (“HB 837”). Some of the key aims of HB 837 with respect to insurance include decreasing frivolous lawsuits, altering...more

Cozen O'Connor

Florida Begins New Era with Major Property Insurance Reforms

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For the fourth time since 2019, the Florida Legislature has enacted property insurance reforms aimed towards stabilizing a beleaguered insurance market. The bill, S.B. 2-A, creates a reinsurance assistance program,...more

Proskauer - Minding Your Business

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

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

Butler Weihmuller Katz Craig LLP

Bad Faith Claim Brought Under Florida Law Foreclosed by the Insurance Policy’s Choice of Law Provision

When contained in an insurance policy, a choice of law provision generally provides that the law of a certain state will apply to the policy and the determination of rights and responsibilities under the policy. Sometimes, a...more

Rumberger | Kirk

Florida High Court Says Airbnb Arbitration Sticks- It’s in the Fine Print

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In a 6-1 decision, the Supreme Court of Florida reversed the Second District Court of Appeal and found that a Texas couple who accepted a “clickwrap” terms of service agreement when booking a vacation rental had also accepted...more

McGlinchey Stafford

Does CAFA permit appellate review of sua sponte remand orders? - Commercial Law Bulletin, April 5 2022

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Ohio- Substantially compliant acknowledgment clause WWSD, LLC v. Woods, 10th Dist. Franklin No. 20AP-403, 2022-Ohio-952- In this appeal, the Tenth Appellate District affirmed the trial court’s decision, agreeing that...more

FordHarrison

Time to “Waive” Goodbye to Mandatory Arbitration Agreements? The Case for Utilization of Jury Trial Waivers in Florida

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Executive Summary - In the early 1990s, roughly two percent of American workers were subject to mandatory arbitration agreements with their employers. By 2018, that number was closer to sixty percent. But while predispute...more

McGlinchey Stafford

Florida Real Property And Business Litigation Report, Volume 14, Issue 2

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Black Knight Servicing Technologies, LLC v. PennyMac Loan Services, LLC, Case No. 1D20-1492 (Fla. 1st DCA 2021). The filing of a separate lawsuit raising separate claims against a separate entity does not establish an...more

McGlinchey Stafford

Florida Real Property & Business Litigation Report, Volume 13, Issue 23

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GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, Case No. 18–1048 (2020). Equitable estoppel principles (such as non-signatories being able to compel arbitration of disputes) can be applied in...more

Carlton Fields

Eleventh Circuit Affirms Confirmation of Arbitration Award Over Claims of Fraud, AAA Rule-Breaking, and Lack of Jurisdiction

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The Eleventh Circuit recently affirmed the confirmation of an arbitration award in a dispute involving a contract to obtain signatures for a Florida solar energy ballot initiative over claims that the prevailing party engaged...more

Carlton Fields

Florida Federal Court Confirms Arbitration Award, Finding Defendants Did Not Meet “Heavy Burden” to Vacate the Award

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Floridians for Solar Choice, Inc. (“FSC”), is a Florida not-for-profit corporation formed for the purpose of qualifying for a solar energy amendment ballot initiative in Florida’s general election....more

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