News & Analysis as of

FDUTPA

Real Property, Financial Services, & Title Insurance Update: Weeks Ending December 1 & 8, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - - Foreclosure/Errors in Legal Description: error in legal description did not preclude judgment of foreclosure because property was sufficiently identified by accurate lot and tract, street address,...more

Retailer Liability Under The Florida Unfair And Deceptive Trade Practices Act

by Rumberger Kirk & Caldwell on

Retailer Liability Under the Florida Unfair and Deceptive Trade Practices Act - Florida retailers have long been part of products liability litigation based on their position in the chain of distribution. But retailers now...more

Court Grants Defendant’s Request for $18.5 Million in Attorney Fees and Costs: eDiscovery Case Law

by CloudNine on

In Procaps S.A. v. Patheon Inc., 12-24356-CIV-GOODMAN, 2014 U.S. Dist. (S.D. Fla. Aug. 17, 2017), Florida District Judge Jonathan Goodman, in a very lengthy ruling, granted the defendant’s supplemental motion for attorney’s...more

FTC Files Suit Against Student Debt Relief and Credit Repair Scheme

by Goodwin on

On May 25, 2017, the Federal Trade Commission (“FTC”) announced that it filed a complaint? in federal court in the United States District Court for the Southern District of Florida against a student loan debt relief and...more

Electric Cooperative Receives Favorable Interpretation of Excess Revenue Statute and Class Action Dismissal

by Holland & Knight LLP on

A federal court's interpretation of an excess revenue statute could bring an end to many capital credit lawsuits brought by current and former members of rural electric cooperatives challenging the distribution of patronage...more

Rural Electric Cooperatives Receive Dismissals in Class Action Capital Credit Litigation

by Holland & Knight LLP on

Two recent dismissal orders – filed within days of each other – signal positive news to rural electric cooperatives defending actions brought by former or current members regarding the distribution of patronage capital and...more

Florida Court Deals Big Blow to Plaintiffs Challenging Rural Electric Cooperatives - Ruling Involved Patronage Capital Case Filed...

by Holland & Knight LLP on

Since April 2014, seven cases have been filed in Florida against rural electric cooperatives regarding the distribution of patronage capital. In each of these putative class action cases, the plaintiff – a customer and member...more

Religious Institutions Update: August 2016

by Holland & Knight LLP on

When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more

Advertising Law - August 2016

Court Awake To Plaintiff’s Deceptive Sleep-Tracking Claims Against Fitbit - A challenge to Fitbit’s claims that certain models of its exercise monitoring device tracked users’ sleep patterns will move forward after a...more

Eleventh Circuit Upholds Florida Unfair & Deceptive Trade Practice Act Class Certification Despite no Reliance by Class Members

by Balch & Bingham LLP on

In a case sure to encourage more class action filings under Florida’s Unfair and Deceptive Trade Practice Act, the Eleventh Circuit upheld a Florida District Court’s certification of a class of consumers that purchased or...more

FTC, Florida AG File Action to Stop Alleged Telemarketing Debt Relief Scam Targeting Seniors

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) and the Florida Attorney General (AG) have jointly filed a complaint in a Florida federal court against several companies and their individual owners alleging that the defendants engaged in...more

Food Litigation Newsletter - May 2015

by Perkins Coie on

In This Issue: - RECENT SIGNIFICANT RULINGS ..Court Dismisses in Part “Natural” Claims ..Court Enters Partial Dismissal of “Handmade” Claims ..Court Dismisses Injunctive Relief Claim Allows...more

Food Litigation Newsletter - March 2015 # 2

by Perkins Coie on

In This Issue: - RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS ..Ninth Circuit Reverses Dismissal Based on Standing, Preemption ..Court Applies Common Sense Standard in Dismissing ‘No Refined Sugars’...more

Food for Thought: Mirabella v. Vital Pharmaceuticals, Inc.

by Carlton Fields on

In Mirabella v. Vital Pharmaceuticals, Inc., consumers sued the manufacturer of Redline Xtreme Energy Drink, alleging that the manufacturer concealed the dangerous side effects of the energy drink. Plaintiffs requested relief...more

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