Florida Real Property and Business Litigation Report Volume XVII, Issue 15 April 13, 2024 Manuel Farach Macquarie Infrastructure Corp. v. Moab Partners, L. P., Case No. 22–1165 (2024). Failure to make a disclosure required under Item 303 of SEC Regulation S-K is not the kind of omission that supports a private securities fraud claim...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 14 April 6, 2024 Manuel Farach Al Zawawi v. Diss (In Re Al Zawawi), Case No. 22-11024 (11th Cir. 2024). 11 U.S.C. § 109(a) does not apply to Chapter 15 cases and does not establish a prerequisite for the recognition of a foreign proceeding...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 13 March 30, 2024 Manuel Farach Capalongo v. Deutsche Bank National Trust Company, Case No. 2D22-3750 (Fla. 3d DCA 2024). A spouse need not join in a mortgage if the spouse signs a valid waiver of their homestead rights; the word “join” in Article...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 12 March 23, 2024 Manuel Farach 34th Street, LLC v. Pro-Karting Experience, Inc., Case No. 2D22-3139 (Fla. 2d DCA 2024). Florida Statute section 82.232 is not self-executing and can only be effectuated by a court order directing a tenant to deposit money in the...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 11 March 16, 2024 Manuel Farach Lindke v. Freed, Case No. 22–611 (2024). A public official who prevents someone from commenting on the official’s social-media page engages in state action under §1983 only if the official both possessed actual authority to speak on the...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 10 March 9, 2024 Manuel Farach Advantage Limousine, LLC v. Koutsos, Case No. 2D22-257 (Fla. 2d DCA 2024). Requiring a separate confidentiality agreement to be executed is an impermissible condition to a Proposal for Settlement but placing the confidentiality provision in the Proposal as...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 9 March 2, 2024 Manuel Farach NBIS Construction & Transport Insurance Services, Inc. v. Liebherr-America, Inc., Case No. 22-14104 (11th Cir. 2024). The Eleventh Circuit certifies the following question to the Florida Supreme Court: Whether, under Florida law, the economic loss rule applies to...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 8 February 24, 2024 Manuel Farach Kovar Law Group, PLLC v. Jordan, Case No. 2D23-279 (Fla. 4th DCA 2024). A claimant seeking unjust enrichment ordinarily bears its own fees and an award for fees under Florida Statute section 448.08 applies only to employees (not...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 7 February 17, 2024 Manuel Farach Department of Agriculture Rural Development Rural Housing Service v. Kirtz, Case No. (2024). A consumer may sue a federal agency for violating the Fair Credit Reporting Act. Haskell v. PCP Group, LLC, Case No. 2D22-180 (Fla. 2d...Read More
Florida Real Property and Business Litigation Report Volume XVII, Issue 6 February 10, 2024 Manuel Farach Loanflight Lending, LLC v. Bankrate, LLC, Case No. 2D22-3394 (Fla. 2d DCA 2024). A forum selection clause must be agreed to by the parties, and an evidentiary hearing is required if a party raises a colorable claim that...Read More
