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
Florida Real Property and Business Litigation Report Volume XVII, Issue 18 May 4, 2024 Manuel Farach In Re: Amendments To Florida Rule of Appellate Procedure 9.130, Case No. SC2023-0438 (Fla. 2024). Rue 9.130(a)(3)(H) (interlocutory review of nonfinal orders that confirm, deny, modify, correct, or vacate arbitration orders) is moved to subsection (a)(3)(I). Hamilton...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 17 April 27, 2024 Manuel Farach Holden v. Holiday Inn Club Vacations Incorporated, Case No. 22-11014 (11th Cir. 2024). A report to a credit agency is not violative of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681s-2 if it arises from a...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 16 April 20, 2024 Manuel Farach Devillier v. Texas, Case No. 22–913 (2024). The Taking Clause of the Fifth Amendment is self-executing with regard to compensation. RJ’S International Trading, LLC v. Crown Castle South, LLC, Case No. 22-11977 (11th Cir. 2024). The Eleventh...Read More
