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. 22–859 (2024).
A Securities and Exchange Commission action seeking civil penalties against a defendant for securities fraud involves traditional common law claims (fraud) and legal remedies (civil penalties) to which the right to a jury trial attaches under the Seventh Amendment.
Harrington v. Purdue Pharma L. P., Case No. 23–124 (2024).
The Bankruptcy Code does not – without the consent of affected claimants – authorize the release of non-debtor third parties under a Chapter 11 plan, which releases effectively discharge claims against the non-debtor third parties.
Loper Bright Enterprises v. Raimondo, Case No. 22–451 (2024).
The Chevron Deference Doctrine is overruled as the Administrative Procedure Act requires courts to exercise independent judgment in deciding whether an agency acted within its statutory authority when the agency interpreted an ambiguous law.
Pinellas County v. Joiner, Case No. SC2019-1819 (Fla. 2024).
Sovereign immunity does not shield a county from paying ad valorem taxes for property it owns outside its territorial boundaries.
E Coast Investments, LLC v. Delia, Case No. 3D23-1209 (Fla. 3d DCA 2024).
There is no possibility of inconsistent verdicts when a tax deed holder seeks a writ of possession under Florida Statute section 197.562 and simultaneously seeks a separate action for ejectment.
Soho Ocean Resort TRS, LLC v. PG Security, Inc., Case No. 4D2023-1680 (Fla. 4th DCA 2024).
An agent seeking to avoid personal liability must sufficiently disclose his or her principal.