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
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
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
Florida Real Property and Business Litigation Report Volume XIV, Issue 52 December 25, 2021 Manuel Farach Ballard v. Pritchard, Case No. 2D20-2967 (Fla.2d DCA 2021). A decedent’s devise of a life estate of her homestead to a surviving spouse with the fee to decedent’s child is invalid under Florida Statute section 723.4015(1) and the...Read More
Florida Real Property and Business Litigation Report Volume XIV, Issue 52 December 18, 2021 Manuel Farach Costa del Mar, Inc. v. Haney, Case No. 1D19-1787 (Fla.1st DCA 2021). An appeal may be dismissed under Florida Rule of Appellate Procedure 9.350(a) but the appeal cannot be “without prejudice.” Tidewater Preserve Master Association, Inc. v....Read More
