Florida Real Property and Business Litigation Report Volume XVII, Issue 28 July 13, 2024 Manuel Farach In Re: Amendments To Florida Rules of Civil Procedure – 2023 Legislation, Case No. SC2023-1677 (Fla. 2024). The Florida Supreme Court adopts a form complaint to quiet title in response to the enactment of Florida Statute section 65.091...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 27 July 6, 2024 Manuel Farach Moody v. NetChoice, LLC, Case No. 22–277 (2024). Not every action taken by a social media company is protected by the First Amendment but not every regulation will necessarily withstand First Amendment scrutiny; remand to the circuit courts...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 26 June 29, 2024 Manuel Farach Murthy v. Missouri, Case No. 23–411 (2024). States and individuals lack standing to claim the federal government violated the First Amendment by pressuring social media platforms to censor speech. Securities and Exchange Commission v. Jarkesy, Case No....Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 25 June 22, 2024 Manuel Farach Moore v. United States, Case No. 22–800 (2024). The Mandatory Repatriation Tax (realized and undistributed income of an American-controlled foreign corporation is attributed to the entity’s American shareholders for tax purposes) does not violate the Sixteenth Amendment despite...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 24 June 15, 2024 Manuel Farach Vidal v. Elster, Case No. 22–704 (2024). The Lanham Act’s names clause does not violate the First Amendment. United States Trustee v. John Q. Hammons Fall 2006, LLC, Case No. 22–1238 (2024). Prospective parity is the appropriate...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 23 June 8, 2024 Manuel Farach Connelly v. United States, Case No. 23–146 (2024). A corporation’s contractual obligation to redeem shares, e.g., a company buying an owner’s shares through insurance upon he owner’s death, is not necessarily a liability that reduces a corporation’s value...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 22 June 1, 2024 Manuel Farach Cantero v. Bank of America, Case No. 22–529 (2024) Courts must use the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and the precedent set forth in Barnett Bank of Marion Cty., N. A. v. Nelson...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 21 May 25, 2024 Manuel Farach Coinbase, Inc. v. Suski, Case No . 23–3 (2023). A court must decide which of two conflicting arbitration provisions in two contracts – one sending arbitrability disputes to arbitration and the other either explicitly or implicitly sending arbitrability...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 20 May 18, 2024 Manuel Farach Consumer Financial Protection Bureau v. Community Financial Services Association Of America, Ltd., Case No. 22-448 (2024). The funding mechanism for the Consumer Financial Protection Bureau is upheld as Constitutional. Smith v. Spizzirri, Case No. 22–1218 (2024). The...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 19 May 11, 2024 Manuel Farach Warner Chappell Music, Inc. v. Nealy, Case No. 22–1078 (2024). The Copyright Act’s three-year statute of limitations begins to run when a claim accrues but also entitles a copyright owner to obtain monetary relief for any timely infringement...Read More
