Business Litigation Update: The Economic Loss Rule Exiled to its Humble...
Florida’s “economic loss doctrine” (or, the “Rule”), which bars recovery in tort where a contract exists between the parties, is one of Florida’s most hotly contested legal doctrines. The doctrine...
View ArticleBusiness Litigation Update: Suddenly, Contracting Parties Face Tort Risks in...
A recent Florida Supreme Court ruling could open the door to unforeseen liabilities for individuals and companies entering into contracts governed by Florida law. On March 7, 2013, in Tierra...
View ArticleA Supreme Court Win for U.S. Consumers
The Economic Effect of the Supreme Court’s Ruling in Kirtsaeng v. Wiley In a 6 to 3 decision handed down on March 19, 2013, the United States Supreme Court chalked up a rare victory for consumers over...
View ArticleReal Estate Litigation Update: Statute of Frauds? It Had Better Be Written....
Leave it to Don King to muddy the legal waters. Consistent with its recent pattern of strictly enforcing agreements, the Florida Supreme Court issued a decision that refused to expand exceptions to the...
View ArticleCapital Records v. ReDigi, Inc.: New York District Court Determines that...
On March 30, 2013, only 11 days after the United States Supreme Court’s decision in Kirtsaeng v. Wiley to extend the first sale doctrine to foreign made goods, a United States District Court in the...
View ArticleThird Circuit Court of Appeals Issues Landmark Decision in Virgin Islands...
Disclosure: Joseph A. DiRuzzo, III of Fuerst Ittleman David & Joseph was part of the trial team that representedthe taxpayers in the June 2010 bench trial in the District Court of the Virgin...
View ArticleEnergy Drink Regulatory Update: Monster Sues City of San Francisco in Federal...
As we reported here last week, the FDA announced that it is conducting an investigation into the use of caffeine in foods and beverages. Since the FDA’s announcement, the energy drink industry has...
View ArticleFlorida Complex Litigation Update: Raymond James Financial Services, Inc. v....
Resolving a matter of first impression in Florida, the Florida Supreme Court recently issued its decision in Raymond James Financial Services, Inc. v. Phillips, Case No. SC11-2513 (Fla. May 16, 2013),...
View ArticleFlorida Business Litigation Update: Florida Appeals Court Requires Insurer to...
In Univ. of Miami v. Great Am. Assur. Co., 38 Fla. L. Weekly D392 (Fla. 3d DCA 2013), Florida’s Third District Court of Appeals announced a ruling in a case of first impression that will have a...
View ArticleAnnouncing the Fuerst Ittleman David & Joseph Mini-Blog
This week, Fuerst Ittleman David & Joseph is launching a Mini Blog, which will be submitted to its readers on a weekly basis. Unlike its usual Blog, which will continue to be updated here, the Mini...
View ArticleBusiness Litigation Update: When Settlement Agreements Settle Nothing
In business, there is an absolute need for certainty. With the interminable uncertainty posed by the litigation process, businesses frequently “purchase” certainty by agreeing to settle a lawsuit,...
View ArticleLitigation Outlook: Sender Beware: Texting a Driver May Impose Liability on...
Last year, we wrote about the corporation’s responsibility to put a stop to the employee’s dangerous and potentially fatal habit of texting while driving. Several developments have occurred in this...
View ArticleLitigation Update: American Arbitration Association Announces Changes to...
The American Arbitration Association has announced revisions to its Commercial Arbitration Rules which have taken place effective October 1, 2013. According to its website, the revisions include: a...
View ArticleLitigation Update: Appellate Arbitration
Taking yet another step to perfect the privatization of the judiciary, the American Arbitration Association has just announced that it has promulgated rules to govern the appellate review of an...
View ArticleTAX REFUND LITIGATION UPDATE: Court of Federal Claims Relies on “Substance...
A decision by the United States Court of Federal Claims originally filed under seal and reissued on October 23, 2013 evidences an important trend in the substance over form doctrine created by the...
View ArticleLitigation Update – The Electronic Loss of Privilege
The art of communication has changed considerably over the past few years. Rather than in-person or telephonic, the majority of communications in today’s business world are electronically transmitted....
View ArticleFlorida Business Litigation Update: The Carmack Amendment Preempts Virtually...
The Carmack Amendment to the Interstate Commerce Act established a uniform national policy for interstate carriers’ liability for property loss. 49 U.S.C. § 14706. Under Carmack, while a carrier is...
View ArticleFlorida Business Litigation Update: Prevailing Party Attorneys’ Fees
Contracts are negotiated to establish clear rules to govern the parties’ working relationship, and to cast foreseeability for damages resulting from a breach of these rules. Transactional counsel are...
View ArticleFlorida Business Litigation Update: “Confidential” Settlements Really Need to...
The vast majority of bona fide commercial cases end in settlement. It has become a generally accepted practice in commercial practices to include a confidentiality provision in settlements so as to...
View ArticleComplex Litigation Update: SCOTUS Allows Plaintiffs’ State-Law Class Actions...
On Wednesday of last week, the Supreme Court of the United States issued a 7-2 decision affirming a Fifth Circuit ruling permitting four state-law class actions to proceed against two New York law...
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