Florida Real Property and Business Litigation Report Volume XVI, Issue 26 July 1, 2023 Manuel Farach Abitron Austria GMBH v. Hetronic International, Inc., Case No. 21–1043 (2023). 15 U. S. C. §1114(1)(a) and §1125(a)(1) of the Lanham Act are not extraterritorial and extend only to claims where the trademark infringement “use in commerce” is...Read More
Florida Real Property and Business Litigation Report Volume XVI, Issue 25 June 24, 2023 Manuel Farach Yegiazaryan v. Smagin, Case No. 22–381 (2023). A R.I.C.O. plaintiff alleges a domestic injury for purposes of §1964(c) when claiming the injury arose in the United States and not extraterritorially. Coinbase, Inc. v. Bielski, Case No. 22–105...Read More
Florida Real Property and Business Litigation Report Volume XVI, Issue 24 June 17, 2023 Manuel Farach Smith v. United States, Case No. 21–1576 (2023). A case tried in an improper venue can be retried, and if so, will be tried in the proper venue. Lac Du Flambeau Band of Lake Superior Chippewa Indians...Read More
Florida Real Property and Business Litigation Report Volume XVI, Issue 23 June 10, 2023 Manuel Farach Dubin v. United States, Case No. 22-10 (2023). A defendant commits identify theft, i.e., “uses” another person’s means of identification “in relation to” a predicate offense, when the use is at the crux of what makes the conduct...Read More
Florida Real Property and Business Litigation Report Volume XVI, Issue 22 June 3, 2023 Manuel Farach Grove Harbour Marina and Caribbean Marketplace, LLC v. Grove Bay Investment Group, LLC, Case No. 3D21-0806 (Fla. 3d DCA 2023). Agreements regarding redevelopment of real property and re-alignment of a public roadway which require contribution of real property...Read More
Federal Real Property and Business Litigation Report Volume VI, Issue 22 June 3, 2023 Manuel Farach Slack Technologies, LLC v. Pirani, Case No. 22–200 (2023). A claimant must purchase the security in question in order to state a §11a Securities Act of 1933 claim of a materially misleading registration statement. In Re: Purdue...Read More
Florida Real Property and Business Litigation Report Volume XVI, Issue 21 May 27, 2023 Manuel Farach Dupree v. Younger, Case No. 22–210 (2023). A post-trial motion under Federal Rule of Civil Procedure 50 is not required to preserve for appellate review a purely legal issue resolved at summary judgment. Sackett v. Environmental Protection...Read More
Federal Real Property and Business Litigation Report Volume VI, Issue 21 May 27, 2023 Manuel Farach Dupree v. Younger, Case No. 22–210 (2023). A post-trial motion under Federal Rule of Civil Procedure 50 is not required to preserve for appellate review a purely legal issue resolved at summary judgment. Sackett v. Environmental Protection...Read More
Florida Real Property and Business Litigation Report Volume XVI, Issue 20 May 20, 2023 Manuel Farach Global Network Management, Ltd. v. CenturyLink Latin American Solutions, LLC, Case No. 21-13719 (11th Cir. 2023). The owner of a data center may be liable under bailment theories for loss of equipment placed in the data center by...Read More
Federal Real Property and Business Litigation Report Volume VI, Issue 20 May 20, 2023 Manuel Farach GP Vincent II v. Estate of Edgar Beard, Case No. 21-16555 (9th Cir. 2023). A final judgment resolving a contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”) between two prior owners of...Read More
