CONSUMER LAW: ARBITRATION CLAUSE WITH CLASS ACTION WAIVER

Citibank (South Dakota), N.A. v. Desmond, ___ So. 3d ___, 38 Fla. L. Weekly D1175 (Fla. 4th DCA May 29, 2013)

Citibank brought “a credit card debt collection action” against the defendant, and the defendant filed a counterclaim for violation of “the Florida Security in Communications Act, Chapter 934, Florida Statutes, by electronically recording conversations with it customers.  Citibank Click To Read Full Case Law Review...

AUCTIONS: CONDITIONS OF SALE: FORUM SELECTION CLAUSE: UNNECESSARY TO CONSIDER OBJECTION TO PERSONAL JURISDICTION WHEN ACTION IS DISMISSED FOR IMPROPER VENUE

Early Auction Company v. Koelzer, ___ So. 3d ___, 38 Fla. L. Weekly D1179 (Fla. 4th DCA May 29, 2013)

The plaintiff sued the defendant, an auction house, for negligently misrepresenting that the Tiffany Studios lamp he purchased was authentic.  When the trial court denied the defendant’s motion to dismiss for lack of personal jurisdiction and improper venue, the Click To Read Full Case Law Review...

DISCOVERY: CONFIDENTIAL BUSINESS INFORMATION: CONFIDENTIALITY ORDER: FILING DOCUMENTS UNDER SEAL

Rocket Group, LLC v. Jatib, ___ So. 3d ___, 38 Fla. L. Weekly D1181 (Fla. 4th DCA May 29, 2013)

The appellate court granted the defendant’s petition for certiorari and quashed an order providing that confidential documents were not required to be filed under seal.  The appellate court “agree[d] with Defendant that compelling the production of documents that the Click To Read Full Case Law Review...

WORKER’S COMPENSATION IMMUNITY: EMPLOYEE: MOTOR CARRIER EXCEPTION: LABELS USED IN CONTRACT TO IDENTIFY THE ROLES OF THE PARTIES WERE NOT CONTROLLING; CIVIL PROCEDURE: SUMMARY JUDGMENT ILL SUITED TO DISTINGUISH BETWEEN STATUS AS BROKER OR MOTOR CARRIER

Gonzalez v. J.W. Cheatham LLC, ___ So. 3d ___, 38 Fla. L. Weekly D1183 (Fla. 4th DCA May 29, 2013)

The general contractor hired a subcontractor to haul fill to a construction site, and the subcontractor hired the plaintiff to perform a portion of the hauling using his own dump truck.  The contract between the subcontractor and the plaintiff Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE; APPEALS: DISMISSAL: ATTORNEY’S FEES: PROPOSAL FOR SETTLEMENT

Braxton v. Grabowski, ___ So. 3d ___, 38 Fla. L. Weekly D1157 (Fla. 2d DCA May 24, 2013)

The plaintiff in a motor vehicle negligence case appealed from a defense verdict.  After the appellate court “entered a warning that the case was about to be dismissed for failure to prosecute, defense counsel filed a motion for attorney’s fees based upon Click To Read Full Case Law Review...