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 negligence claims against a distributor of a product, stipulated to be non-defective, for the failure to alert a product owner of a known danger, when the only damages claimed are to the product itself?
Heritage Property & Casualty Insurance Company v. Killmeyer, Case No. 4D2022-1298 (Fla. 4th DCA 2024).
The crucial questions under Binger v. King Pest Control, 401 So. 2d 1310 (Fla. 1981), are whether the identity of the witness and the substance of their testimony were known and whether prejudice resulted from the non-disclosure.
Hanson v. National Legal Staffing Support, LLC, Case Nos. 4D2022-3194 and 4D2022-3438 (4th DCA 2024).
Non-signatories generally can be bound by contracts they did not sign, but a non-signatory attorney to a settlement agreement signed by his clients is not bound by the agreement or the non-disparagement provisions in the agreement.
Dunmar Estates Homeowner’s Association, Inc. v. Rembert, Case No. 5D23-1971 (Fla. 5th DCA 2024).
Florida Statute section 720.311(2)(a) requires pre-suit mediation as a condition precedent to filing a lawsuit for failure to provide access to homeowner associations records.