Real Estate & Business Litigation Record

Case Law Update for July 5, 2014

Manuel Farach | July 7, 2014 in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VII, Issue 27

July 5, 2014

Manuel Farach

 

Diwakar v. Montecito Palm Beach Condominium Ass’n, Inc., — So.3d —-, 2014 WL 2957444 (Fla. 4th DCA 2014).

A party cannot appeal the introduction of an affidavit into evidence when it didn’t object at the non-jury trial, but the sufficiency of the evidence (including the affidavit) may be raised for the first time on appeal under Rule of Civil Procedure 1.530 (e).

 

Republic of Ecuador v. Dassum, — So.3d —-, 2014 WL 2963202 (Fla. 3d DCA 2014).

The Act of State Doctrine requires that U.S. courts grant comity to acts of foreign governments, but the Extraterritoriality Exception to the Doctrine prohibits granting comity when doing so amounts to a “taking” contrary to the U.S. Constitution.

 

Miccosukee Tribe of Indians of South Florida v. Bermudez, — So.3d —-, 2014 WL 2965411 (Fla. 3d DCA 2014).

A plaintiff may not add a non-party a lawsuit after judgment to allege the non-party is responsible for the judgment against the defendant as the result of funding the defendant’s legal costs.

 

Ocean Bank v. Garcia-Villalta, — So.3d —-, 2014 WL 2965412 (Fla. 3d DCA 2014).

While dismissals are reviewed for abuse of discretion, dismissal of a foreclosure action without prejudice for failure to follow a trial order is error when the case is not at issue.

 

Moskovits v. Crystal House, Inc., — So.3d —-, 2014 WL 2969640 (Fla. 3d DCA 2014).

A writ of mandamus will not lie to compel a trial court to enter summary judgment.


Case Law Update for June 28, 2014

Manuel Farach | June 28, 2014 in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VII, Issue 26

June 28, 2014

Manuel Farach

 

Evergrene Partners, Inc. v. Citibank, N.A., — So.3d —-, 2014 WL 2862392 (Fla 4th DCA 2014).

An accelerated mortgage may be re-accelerated based upon a different default; a voluntary dismissal is not an adjudication for res judicata purposes.

 

Muhammad v. BAC Home Loans Servicing, LP, — So.3d —-, 2014 WL 2862606 (Fla. 4th DCA 2014).

A final judgment is afforded a presumption of correctness, and appellant’s failure to submit a trial transcript means that inferences, including whether undated indorsements are timely for standing purposes, are drawn against appellant.

 

BAC Home Loans Servicing LP v. Ridgway, — So.3d —-, 2014 WL 2880025 (Fla. 1st DCA 2014).

Reservation of jurisdiction in a final judgment to determine the amount of attorneys’ fees renders the judgment non-final and non-appealable.

 

American Broadcasting Companies, Inc. v. Aereo, Inc., f/k/a Bamboom Labs, Inc.,

— S.Ct. —-, 2014 WL 2864485 (2014).

An internet service that rebroadcasts copyrighted television programs “performs” the works “publicly” in violation of the Copyright Act, 17 U.S.C. § 106(4).

 

Halliburton Co. v. Erica P. John Fund, Inc., — S.Ct. —-, 2014 WL 2807181 (2014).

There is no compelling reason to overrule the “fraud on the market” principle, but securities fraud defendants are entitled, before class certification, to opportunity to defeat the presumption that stock market price reflects material misrepresentations.

 

In re Kane, — F.3d —-, 2014 WL 2884603 (11th Cir. 2014).

A claim will be excepted from discharge under 11 U.S.C. § 523 (a) (6) if the creditor proves the debtor intended injury (not just actions that cause injury) to the creditor and the act is malicious, i.e., wrongful, without just cause or excessive. An independent tort is not necessary under § 523 (a) (6) to except the claim from discharge. The intent to hinder, delay or defraud creditors may be proven by circumstantial evidence.

 

Caceres v. McCalla Raymer, LLC, — F.3d —-, 2014 WL 2884678 (11th Cir. 2014).

A letter from law firm informing a residential borrower that she is in default on her mortgage is an “initial communication” for purposes of the Fair Debt Collection Practices Act (F.D.C.P.A.), and must comply with the technical requirements of the Act. However, there is no F.D.C.P.A. violation if mistakes in the communication would not mislead the “least sophisticated consumer.”

 

 

Lehman Bros. Holdings Inc. v. Phillips, — Fed.Appx. —-, 2014 WL 2807967 (11th Cir. 2014).

A reselling lender’s cause of action for negligence against an appraiser accrues when it repurchases the sold loan allegedly harmed by the improper appraisal.


Case Law Update for June 21, 2014

Manuel Farach | June 22, 2014 in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VII, Issue 25

June 21, 2014

Manuel Farach

 

Catastrophe Services, Inc. v. Fouche, — So. 3d —-, 2014 WL 2781817 (Fla. 5th DCA 2014).

An arbitration agreement between a Florida resident and a foreign party is governed by the Federal Arbitration Act. Under federal law, a party seeking to invalidate an arbitration provision on the basis of prohibitive cost bears the burden of demonstrating the prohibitive cost.

 

Olean Medical Condominium Ass’n, Inc. v. Azima, — So. 3d —-, 2014 WL 2783190 (Fla. 2d DCA  2014).

Equitable estoppel cannot be used to counter a statute of limitations defense unless claimant can demonstrate he was precluded from bringing the action during the statutory time period.

 

In re Amendments to Code of Judicial Conduct, — So. 3d —-, 2014 WL 2765822 (Fla. 2014).

Senior judges may continue to serve as mediators, but cannot serve in the same circuit as which they mediate and may not lend the prestige of the (senior judge) office to their mediation practice or company.

 

Olson v. Robbie, — So. 3d —-, 2014 WL 2740823 (Fla. 4th DCA 2014).

Long arm jurisdiction under Fla. Stat. § 48.193 (g) (contracts that are breached in the state) requires the breach of a specific covenant that is that is contractually required to be performed within the state.

 

Citimortgage, Inc. v. Hill, — So. 3d —-, 2014 WL 2751055 (Fla. 1st DCA 2014).

Florida Rule of Civil Procedure 1.440 contemplates parties will notice a case for trial, and then the court will set the case for trial.

 

Fernandez v. Yates, — So.3d —-, 2014 WL 2756526 (Fla. 3d DCA 2014).

Judicial dissolution of a corporation may be permitted when the shareholders are deadlocked, even if the corporation is solvent and arguably able to conduct business.

 

Panama City-Bay County Airport and Indus. Dist. v. Kellogg Brown & Root Services, Inc., — So.3d —-, 2014 WL 2772646 (Fla. 1st DCA 2014).

Unless it is a Mary Carter agreement, disclosing a settlement agreement to the jury is reversible error under Fla. Stat. § 46.015 (3). A Mary Carter agreement is a settlement with one party with that party furtively agreeing to remain in the suit; a settlement agreement where the settling party is dropped is not a Mary Carter agreement.

 

 

 

Alice Corp. Pty. Ltd. v. CLS Bank Intern., — S.Ct. —-, 2014 WL 2765283 (2014).

The concept of an intermediated third party settlement is an abstract idea not capable of patent protection. Directing, at a high level of abstraction, that the idea be implemented does not make the idea patent-eligible.

 

Hillcrest Property, LLC v. Pasco County, — F.3d —-, 2014 WL 2748192 (11th Cir. 2014).

42 U.S.C. § 1983 substantive due process claims are subject to the forum state’s statute of limitations for personal injury claims.

 

In re Checking Account Overdraft Litigation, — F.3d —-, 2014 WL 2750115 (11th Cir. 2014).

Waiver of arbitration occurs when a party seeking arbitration participates in litigation to a point inconsistent with arbitration, and the party opposing arbitration is prejudiced as a result. “Prejudice” for this purpose occurs when the party opposing arbitration incurs the litigation expenses that arbitration is intended to eliminate.

 

In re Scantling, — F.3d —-, 2014 WL 2750349 (11th Cir. 2014).

Debtor’s ineligibility for Chapter 13 discharge (as the result of recent Chapter 7 discharge) does not prohibit Debtor from using the Chapter 13 process to strip off a wholly unsecured home mortgage.


Case Law Update for June 14, 2014

Manuel Farach | June 16, 2014 in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VII, Issue 24

June 14, 2014

Manuel Farach

 

Monique A. Levi & Associates, Inc. v. SPCP Group V, LLC, — So.3d —-, 2014 WL 2587758 (Fla. 4th DCA 2014).

The payment of a broker’s commission is not always a material term upon which there must be agreement for a contract to be formed, but is a material term under these circumstances when terms of contract formation are not clear.

 

Matte v. Caplan, — So.3d —-, 2014 WL 2587815 (Fla. 4th DCA 2014).

Strict compliance with Florida Rule of Civil Procedure 2.516 is required, otherwise the particular document is deemed not filed. A Fla. Stat. § 57.105 motion will be denied if “(1) the e-mail attached the motion in Word format instead of a PDF or link; (2) the subject line failed to state ‘SERVICE OF COURT DOCUMENT’ and contained a number that does not correlate with the circuit court case number; and (3) the body of the e-mail failed to contain any of the required information listed in subsection (ii), but simply said, ‘See attached motion.’”

 

Losner v. Australian of Palm Beach Condominium Ass’n, Inc., — So.3d —-, 2014 WL 2589046 (Fla. 4th DCA 2014).

While an association claim of lien under Fla. Stat. § 718.116 (5) (b) “secures all unpaid assessments that are due and that may accrue after the claim of lien is recorded and through the entry of final judgment,” the statute does not cover separate assessments for other purposes that are assessed after suit is filed.

 

Carter v. Mendez, — So.3d —-, 2014 WL 2589166 (Fla. 4th DCA 2014).

Even when dismissing sua sponte, a court must give notice before dismissing a claim under Florida Rule of Civil Procedure 1.070 (j) for failure to serve within 120 days.

 

CVE Master Management Co., Inc. v. Ventnor “B” Condominium Ass’n, Inc., — So.3d —-, 2014 WL 2589214 (Fla. 4th DCA 2014).

Damages for a class representative does not need to be the same or other class members so long as the “typicality” (that the representative’s claims are typical of the members’ claims) requirement is met.

 

Patel v. Nandigam, — So.3d —-, 2014 WL 2596181 (Fla. 2d DCA 2014).

A proposal for settlement under Florida Statute § 768.79 that offers to settle all legal and equitable claims is ineffective as a proposal for settlement cannot encompass equitable claims. Notwithstanding an ineffective proposal for settlement, a party may still be awarded attorneys’ fees pursuant to Fla. Stat. § 44.103 (6) (a) for requesting a trial de novo after arbitration and not recovering in excess of the arbitration award.

 

 

Porsche Cars North America, Inc. v. Diamond, — So.3d —-, 2014 WL 2599682 (Fla. 4th DCA 2014).

The three-pronged test of “unfairness” for purposes of Florida Unfair and Deceptive Trade Practice claims requires the injury to the consumer 1) be substantial, 2) not outweighed by countervailing benefits to consumers or competition, and 3) an injury the consumer could not himself have reasonably avoided.

 

Sunshine Gasoline Distributors, Inc. v. Biscayne Enterprises, Inc., — So.3d —-, 2014 WL 2599857(Fla. 3d DCA 2014).

Upon rehearing, the Third District clarifies that the duty of good faith and fair dealing serves to protect the reasonable contract expectations of the parties when there is a reasonable range of choices but is not applicable when the choice is “binary,” i.e., an answer that is either “yes” or “no.”

 

Wilkerson v. Johnson, — So.3d —-, 2014 WL 2561414 (Fla. 1st DCA 2014).

A trial court must state the reasons why it believes a certain number of attorney hours to be reasonable for a fee award, not just state why the claimed amount is not reasonable. Under Fla. Stat. § 57.0541, a prevailing party must be awarded “all” of his legal costs.

 

Republic of Argentina v. NML Capital, Ltd., — S.Ct. —-, 2014 WL 2675854 (2014).

The Foreign Sovereign Immunities Act of 1976, 28 U.S.C. §§ 1330, 1602 et seq., does not exempt a foreign government from post-judgment discovery in aid of execution that is otherwise valid and permissible.

 

POM Wonderful LLC v. Coca-Cola Co., — S.Ct. —-, 2014 WL 2608859 (2014).

The Food, Drug, and Cosmetic Act (FDCA) does not preclude a private party from bringing a Lanham Act claim challenging as misleading a food label that is regulated by the FDCA.

 

Clark v. Rameker, — S.Ct. —-, 2014 WL 2608860 (2014).

Funds held in bankrupt debtor’s inherited retirement account are not exempt from claims of creditors under 11 U.S.C.A. § 522(b) (3) (C).

 

Executive Benefits Ins. Agency v. Arkison, — S.Ct. —-, 2014 WL 2560461 (2014).

A bankruptcy court may try “non-core” bankruptcy claims so long as it submits proposed findings of fact and conclusions of law to the district court to be reviewed de novo.

 

 


Case Law Update for June 7, 2014

Manuel Farach | June 8, 2014 in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VII, Issue 23

June 7, 2014

Manuel Farach

 

Mathews v. Branch Banking & Trust Co., — So.3d —-, 2014 WL 2536831 (Fla. 2d DCA 2014).

A pleading (answer and affirmative defenses) does not satisfy the requirement under Fla. Stat. § 45.031 (7) (b) that a junior lienholder must file a claim with the clerk in order to receive surplus funds from a foreclosure sale.

 

Nordlicht v. Discala, — So.3d —-, 2014 WL 2480168 (Fla. 4th DCA 2014).

Under current Florida forum non conveniens law, the strong presumption in favor of plaintiff’s choice of Florida as the forum applies even when the defendant is not a Florida resident. Moreover, public interests must be considered even when outweighed by the private interests.

 

Mendez, Jr. v. Hampton Court Nursing Center, LLC, — So.3d —-, 2014 WL 2515690

(Fla. 3d DCA 2014).

Distinguishing itself from the Fourth and Fifth Districts, the Third District holds that an intended third party beneficiary of a contract with an arbitration agreement is bound to the contract and its arbitration provision.

 

Limelight Networks, Inc. v. Akamai Technologies, Inc., — S.Ct. —-, 2014 WL 2440535 (2014).

A defendant cannot be held for contributory infringement of a business method patent under 35 U.S.C. 271 (b) when no one party has directly infringed the patent.

 

Nautilus, Inc. v. Biosig Instruments, Inc., — S.Ct. —-, 2014 WL 2440536 (2014).

A patent is invalid for indefiteness if it cannot inform those reasonably skilled in the art the claimed scope of the patent.

 

Breslow v. Wells Fargo Bank, N.A., — F.3d —-, 2014 WL 2523091 (11th Cir. 2014).

The giving of consent under the Telephone Consumer Protect Act (TCPA) for autodialed calls is for the individual and not the phone number. Thus, a party autodialing a previously permissible telephone number violates the TCPA if the number has been transferred to a new person who has not given consent under the TCPA.

 

Wiand v. Lee, — F.3d —-, 2014 WL 2446084 (11th Cir. 2014).

Actual intent to defraud need not be established under the Florida Uniform Fraudulent Transactions Act when a transfer in furtherance of a Ponzi scheme is proven.


Case Law Update for May 31, 2014

Manuel Farach | in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VII, Issue 22

May 31, 2014

Manuel Farach

 

Ocean Palm Golf Club Partnership v. City of Flagler Beach, — So.3d —-, 2014 WL 2217255 (Fla. 5th DCA 2014).

Inverse condemnation can arise from government inaction, e.g., the government refusing to rezone land, but only when the character of the neighborhood has changed. Inverse condemnation does not protect against changed market conditions that have made the property or the property’s use unprofitable; loss of reasonable economic expectations must be the result of the government regulation and not outside factors.

 

Wolkoff v. American Home Mortg. Servicing, Inc., — So.3d —-, 2014 WL 2378662 (Fla. 2d DCA 2014).

Upon a failure of proof, an appellate court must reverse with instructions for the trial court to enter an order of involuntary dismissal. A contemporaneous objection is not necessary to raise sufficiency of evidence on appeal of a non-jury trial.

 

One West Bank, F.S.B. v. Bauer, — So.3d —-, 2014 WL 2441791 (Fla. 2d DCA 2014).

An inconsistency between a foreclosure complaint and the proof at trial as to standing, i.e., the complaint alleges plaintiff owns and holds the note but proof at trial demonstrates plaintiff is entitled to enforce the note, does not deprive of standing.

 

Oasis Builders, LLC v. McHugh, — So.3d —-, 2014 WL 2197565 (Fla. 4th DCA 2014).

An order overruling objections to discovery is not a clear and unambiguous order to produce documents, and thus cannot serve as the basis for a contempt order when the documents are not produced.

 

Cayea v. CitiMortgage, Inc., — So.3d —-, 2014 WL 2197616 (Fla. 4th DCA 2014).

The foundation necessary for the introduction of business records into evidence may be met by the records custodian testifying as to the business records, by stipulation or by use of a certificate under Fla. Stat. § 90.803 (6) (c). Printouts of information contained in the business records of the company are sufficient, and the person who testifies does not need to be the person who conducted the activity or created the business record (just sufficiently acquainted with the activity).

 

McNulty v. BankUnited, — So.3d —-, 2014 WL 2208168 (Fla. 3d DCA 2014).

Motions for relinquishment of jurisdiction are granted sparingly and typically only to accomplish ministerial matters.

 

Rocketrider Pictures, LLC v. BankUnited, — So.3d —-, 2014 WL 2212230 (Fla. 3d DCA 2014).

Foreclosure judgment against only one spouse when property is titled by the entireties does not convey title.

Pereira v. Regions Bank, — F.3d —-, 2014 WL 2219166 (11th Cir. 2014).

Florida statute prohibiting banks from charging check cashing fees is preempted by federal law as applied to branches of out of state banks operating in Florida.

 

 


Case Law Update for May 24, 2014

Manuel Farach | May 26, 2014 in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VII, Issue 20

May 24, 2014

Manuel Farach

 

Bencivenga v. Osceola County, — So. 3d —-, 2014 WL 2129896 (Fla. 5th DCA 2014).

Appellate court on second tier certiorari review can only examine whether procedural due process was afforded and the correct law was applied; it cannot examine whether there was substantial, competent evidence at the administrative hearing (trial) level.

 

Burt v. Hudson & Keyse, LLC, — So. 3d —-, 2014 WL 2130253 (Fla. 5th DCA 2014).

Proof of mailing such as a return receipt, an affidavit swearing notice was actually mailed, or proof of a regular business practice creates a rebuttable presumption of receipt. An affidavit denying receipt does not conclusively rebut the presumption of receipt, but creates an issue of fact that must be resolved by the trier of fact.

 

Agile Assur. Group, Ltd. v. Palmer, — So. 3d —-, 2014 WL 2151971 (Fla. 2d DCA 2014).

Contracts must be read in their entirety, and doing so can require the word “may” be interpreted as mandatory instead of permissive. A contract clause may require the contract not be interpreted against its drafter, and such provision is given effect.

 

R.H. Ciccone Properties, Inc. v. JP Morgan Chase Bank, N.A., — So.3d —-, 2014 WL 2101804 (Fla. 4th DCA 2014).

The Litigation Privilege does not apply to allegations made in a prior legal proceeding. Likewise, the Litigation Privilege does not apply to bar quiet title suits arising out of allegations made in a prior proceeding.

 

Village at Dolphin Commerce Center, LLC v. Construction Service Solutions, LLC, — So.3d —-, 2014 WL 2116361 (Fla. 3d DCA 2014).

Misapplication of law is not a statutory basis for vacating an arbitration award under Fla. Stat. § 682.13. An arbitration panel does not exceed its jurisdiction if the issue upon which jurisdiction is allegedly exceeded is arbitrated without objection.

 

U.S. Bank Nat. Ass’n v. Bevans, — So.3d —-, 2014 WL 2118190 (Fla. 3d DCA 2014).

Litigation by a junior claimant does not eliminate a senior claim that is a duly recorded instrument under Fla. Stat. § 48.23, even if the senior failed to record a lis pendens in it its own litigation. Likewise, a senior claimant that does not record a lis pendens and does not join the junior claimant in litigation does not eliminate the junior claimant.

 

Petrella v. Metro-Goldwyn-Mayer, Inc., — S.Ct. —-, 2014 WL 2011574 (2014).

The Copyright Act’s three year statute of limitations (i.e., each infringing act allows a new cause of action) is not barred by the doctrine of laches.


Case Law Update for May 17, 2014

Manuel Farach | May 18, 2014 in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VII, Issue 20

May 17, 2014

Manuel Farach

 

2700 North Ocean, LLC v. Sternberg, — So.3d —-, 2014 WL 1921338 (Fla. 3d DCA 2014).

Subject to the trial judge’s discretion, third parties may be subjected to post-judgment discovery in aid of execution even if supplementary proceedings have not commenced.

 

Peysina v. Deutsche Bank Nat. Trust Co., — So.3d —-, 2014 WL 1921752 (Fla. 3d DCA 2014).

A trial court’s decision whether a party conducted an adequate search before serving by publication is subject to a substantial competent evidence standard of appellate review.

 

 


Case Law Update for May 10, 2014

Manuel Farach | May 11, 2014 in Real Estate & Business Litigation Record | Comments (0)

Real Property and Business Litigation Report

Volume VII, Issue 19

May 10, 2014

Manuel Farach

 

Brody v. Broward County Sheriff’s Office, — So.3d —-, 2014 WL 1795496 (Fla. 4th DCA 2014).

A charging lien may not be entered two years after a final judgment in which jurisdiction was not retained to enter such liens.

 

Noimbie v. Harvey, — So.3d —-, 2014 WL 1795643 (Fla. 4th DCA 2014).

A court loses jurisdiction over, and cannot adjudicate ownership of, a tenant’s rent deposited under Fla. Stat. § 83.60 (2) when the case is dismissed with prejudice.

 

Brandenburg v. Residential Credit Solutions, Inc., — So.3d —-, 2014 WL 1795756 (Fla. 4th DCA 2014).

A substituted plaintiff/assignee acquires the same standing the original plaintiff/assignor had at time of filing suit. Failure to record an assignment of mortgage does not invalidate the mortgage (but may affect priority as against third parties).

 

Ferguson Enterprises, Inc. v. Astro Air Conditioning and Heating, Inc., — So.3d —-, 2014 WL 1805315 (Fla. 2d DCA 2014).

A merger does not constitute an assignment of rights of the acquired corporation; the surviving corporation acquires all the rights of the acquired corporation and is entitled to enforce all rights of the acquired corporation.

 

Dirico v. Redland Estates, Inc., — So.3d —-, 2014 WL 1814135 (Fla. 3d DCA 2014).

Contract interpretations must be reasonable and differing (not just differing) in order to create sufficient ambiguity to admit parol evidence as to the contract’s meaning.

 

Hibachi Grill, Inc. v. Arki Const., Inc., — So.3d —-, 2014 WL 1814163 (Fla. 3d DCA 2014).

A contractor is entitled to the unpaid contract price, and not just “net profit,” after it reaches substantial performance of the construction project.

 

Lodge v. Kondaur Capital Corp., — F.3d —-, 2014 WL 1813298 (11th Cir. 2014).

The “actual damages” a party may recover for intentional violation of the bankruptcy automatic stay include emotional distress damages, but only when the plaintiff “(1) suffer[s] significant emotional distress, (2) clearly establish[es] the significant emotional distress, and (3) demonstrate[s] a causal connection between that significant emotional distress and the violation of the automatic stay.”

 

Kentner v. City of Sanibel, — F.3d —-, 2014 WL 1813316 (11th Cir. 2014).

Riparian rights, being created by state law and not arising from the Constitution, are not “fundamental rights” entitled to fundamental rights standard of review. Substantive due process review of legislative actions is considered under the “rational basis” standard and requires the complaining party to demonstrate the government action has no rational basis to a legitimate government need or power.

 

UPS Supply Chain Solutions, Inc. v. Megatrux Transp., Inc., — F.3d —-, 2014 WL 1816946 (11th Cir. 2014).

A liability limitation in  a contract between shipper and logistics provider does not limit carrier’s liability for theft of cargo to owner under the Carmack Amendment, 49 U.S.C. § 14706(a)(1).

 

 


Case Law Update for May 3, 2014

Manuel Farach | May 3, 2014 in Real Estate & Business Litigation Record | Comments (0)

Olesh v. Greenberg, — So.3d —-, 2014 WL 1715193 (5th DCA 2014).

Despite a previous settlement agreement, the doctrines of collateral estoppel, res judicata, and merger do not preclude causes of action which have not yet accrued.

 

Quinones v. Southeastern Inv. Group Corp., — So.3d —-, 2014 WL 1722303 (Fla. 3d DCA 2014).

Denial of a motion to intervene constitutes a final determination as to the party seeking intervention, so appeal must be filed within thirty days of the order pursuant to Florida Rules of Appellate Procedure 9.030(b)(1)(A) and 9.110(b).

 

Highmark Inc. v. Allcare Health Management System, Inc., — S.Ct. —-, 2014 WL 1672043 (2014).

Whether to award to award attorney’s fees to the prevailing party in “exceptional cases” under the Patent Act, 35 U.S.C. § 285, is in trial court’s discretion.

 

Octane Fitness, LLC v. Icon Health & Fitness, Inc., — S.Ct. —-, 2014 WL 1672251 (2014).

An “exceptional case” under the Patent Act permitting the award of attorneys’ fees is one “that simply stands out from others with respect to the substantive strength of a party’s litigating position (considering both the governing law and the facts of the case) or the unreasonable manner in which the case was litigated.”

 

Walter v. Avellino, — Fed.Appx. —-, 2014 WL 1663332 (11th Cir. 2014).

The “inquiry notice standard” is no longer applicable to securities fraud claims, but the five year statute of repose continues to apply.