By Dwight Slater Thought the fight over the 2012 redistricting process was over? Think again. Not only is the fight still going, it never truly stopped. On September 5, 2012, mere months after the Supreme Court approved the Senate redistricting
To Strike a Voluntary Dismissal
By Matthew Neff In Pino v. The Bank of New York (SC11-697), the Supreme Court decided the narrow question of whether an allegation of fraud on the court empowers a trial court to strike a properly noticed voluntary dismissal, then
Economic Loss Rule Limited to Product Liability Context
By Matthew Neff In Tiara Condominium Association, Inc. v. Marsh & McLennan Companies Inc., (SC10-1022), the Supreme Court decided the issue of whether the economic loss rule bars an insured’s suit against an insurance broker when the parties are in
Personal Injury Protection (PIP) Insurance Fee Schedules: Statutory or Contractual?
By George Lott In the case of Geico General Insurance Co. v. Virtual Imaging Services, Inc., the Court was presented with the issue of whether Geico General Insurance Co. must give notice that it will use a fee schedule method
Can an Arbitration Agreement Survive a Signatory’s Death?
By George Lott In recently released Laizure v. Avante at Leesburg, Inc. (SC10-2132), the Supreme Court considered when an arbitration clause may survive the death of a party to an agreement containing such a clause. In May of 2006, Harry
No Absolute Privilege for Ex-parte, Out of Court Questioning of Potential Witnesses
By Matthew Neff In DelMonico v. Traynor (SC10-1397), decided on February 14, the Supreme Court considered whether Florida’s absolute privilege protects defamatory statements “made by an attorney during ex-parte, out-of-court questioning of a potential, nonparty witness while investigating matters connected
Graham v. Haridopolos: Control Over Tuition and Fees Was Not Vested in the Board of Governors of the State University System
In Graham v. Haridopolos (SC11-2453), the Supreme Court considered whether article IX, section 7(d) of the Florida Constitution granted the Board of Governors the power to set and spend tuition and fees under the state university system. The Petitioners in
Jackson v. The Shakespeare Foundation: Arbitration Clauses Are Not as Far From Fraud as Heaven from Earth
In Jackson v. The Shakespeare Foundation (SC11-1196), the Florida Supreme Court considered whether fraud that induced a party to enter into a contract is subject to the contract’s arbitration clause. The Court’s opinion made clear that the answer to that
In Pari Delicto and Unenforceable Contracts
In Earth Trades, Inc., et al. v. T & G Corporation, the Florida Supreme Court revisited the doctrine of in pari delicto, which generally provides that a plaintiff may not recover damages resulting from any wrongdoing that the plaintiff took
Attorney’s Fees, the Florida Deceptive and Unfair Trade Practices Act, and Offers of Judgment
In Diamond Aircraft Industries, Inc. v. Horowitch (SC11-1371), the Florida Supreme Court addressed a number of questions relating to awards of attorney’s fees, certified to the Supreme Court by the U.S. Eleventh Circuit Court of Appeals. Two questions related to