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Month: March 2013

By Jacek Stramski / Posted onMarch 30, 2013

Rumble in the Jungle: Promissory Estoppel vs. Statute of Frauds

In DK Arena, Inc. v. EB Acquisitions I, LLC (SC10-897), the Florida Supreme Court reaffirmed the Florida rule that promissory estoppel does not create an exception to the Statute of Frauds. The Statute of Frauds, codified in Florida since 1828, Continue Reading …

By Jacek Stramski / Posted onMarch 24, 2013

The 2012 Florida Redistricting Fight: Round Two?

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 Continue Reading …

By Jacek Stramski / Posted onMarch 20, 2013

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 Continue Reading …

By Jacek Stramski / Posted onMarch 14, 2013

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 Continue Reading …

By Jacek Stramski / Posted onMarch 14, 2013

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 Continue Reading …

By Jacek Stramski / Posted onMarch 2, 2013

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 Continue Reading …

By Jacek Stramski / Posted onMarch 2, 2013

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 Continue Reading …

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