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Business Litigation Florida

Lowndes

Florida Appeals Court Reinforces Employer Liability Under Dangerous Instrumentality Doctrine Despite Use Restrictions

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A recent decision from Florida’s Fourth District Court of Appeal clarifies the scope of Florida’s “dangerous instrumentality” doctrine, reminding employers that having company vehicle policies alone may not be enough to avoid...more

Tyson & Mendes LLP

Strategic Anchoring: Using Cognitive Bias to Win Negotiations

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In negotiation, the first number often carries disproportionate weight. While perhaps not always an absolute guarantee of victory, the concept of “anchoring bias” suggests it’s a powerful and frequently underestimated...more

McGuireWoods LLP

No Lawyer Required: Part II

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Last week’s Privilege Point described generally accepted principles under which the attorney-client privilege can protect intra-corporate communications without a lawyer’s involvement. To some lawyers’ surprise, the...more

Carlton Fields

Florida Appeals Court Decisions Week of June 2 - 6, 2025

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U.S. Eleventh Circuit Court of Appeals  - Roth v. Russell - ’34 Act, §16(b) - Sweet Additions v. Meelunie Am - sales contract - USA v. Dubois - Second Amendment, felons with firearms...more

Carlton Fields

Florida Appeals Court Decisions Week of May 26 - 30, 2025

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U.S. Eleventh Circuit Court of Appeals - Hamilton v. US Att’y Gen - immigration... Florida Supreme Court - Tallahassee - In re R Reg Fla Bar - amended rules...more

Carlton Fields

Florida Appeals Court Decisions Week of May 19 - 23, 2025

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U.S. Eleventh Circuit Court of Appeals - Middleton v. Hollywood Reporter - defamation, California limitations - Merritt Island Woodwerx v. Space Coast CU - arbitration - USA v. Doe - immigration, removal, failure to...more

DarrowEverett LLP

Fiduciary Duties and Remedies in Florida LLCs: What Members Need to Know

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Disputes among members of a limited liability company (LLC) are inevitable. Unlike casual disagreements with friends or roommates, conflicts within an LLC can have legal and financial consequences. Recognizing this reality,...more

Lowndes

Florida Law Update: Slack Messages May Be Privileged Communication

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Florida’s Sixth District Court of Appeal (6th DCA), which considers appeals from trial courts in an area running from Orange County down to Collier County, recently confirmed that discovery privileges apply to communications...more

Carlton Fields

Florida Appeals Court Decisions Week of March 31 - April 4, 2025

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U.S. Eleventh Circuit Court of Appeals - Alabama Aircraft v. Boeing - trade secrets, misappropriation, contractual limits - USA v. O’Steen - public official, extortion, currency disclosure - Grippa v. Rubin -...more

Fuerst Ittleman David & Joseph

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...more

Shutts & Bowen LLP

No, A Perpetually-Unfair Commission-Splitting Agreement Is Not A Restraint Of Trade

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In a recent case that is interesting reading for both antitrust lawyers and insurance agents, which probably does not happen often, Florida’s Second District Court of Appeal (“Second DCA”) held that a commission-splitting...more

Bilzin Sumberg

Florida State Courts Limit Parties’ Abilities to Recover Attorneys’ Fees

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In a pair of recent decisions, Florida state courts reined in multiple statutes that allow for the recovery of attorneys’ fees. In one decision, the Florida Supreme Court adopted a relatively narrow reading of Florida’s...more

Lowndes

Ninth Judicial Circuit Unveils New Case Management Process for Civil Cases

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At a judicial town hall meeting before members of the Orange County Bar Association this morning, Chief Judge Don Myers introduced the Ninth Circuit’s new “active case management” program, to become effective today, that will...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

Shutts & Bowen LLP

Court takes hard line on late rent payment into court registry during COVID-19

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Under a particular Florida statute, in a commercial eviction, where there is a court order requiring the tenant to pay rent into the court registry during the lawsuit and the tenant fails to pay, the tenant is considered to...more

Lowndes

Florida Supreme Court Issues New Guidance on Statewide Court Operations

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On June 16, 2020, Florida Supreme Court Chief Justice Charles Canady issued two new administrative orders and a new “best practices” memorandum adopting changes to guidelines for state court pandemic operations....more

Lowndes

Ninth Judicial Circuit (State) Court Transitions to More In-Person Proceedings

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Throughout the COVID-19 pandemic, the Ninth Judicial Circuit Court (State Court) has remained open, relying primarily on teleconference or videoconference for hearings. Starting yesterday, the Ninth Judicial Circuit is...more

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