Eleventh Circuit Court Establishes International Commercial Arbitration Subsection, The Second of Its Kind in the Nation

5 years ago

On December 3, the Eleventh Judicial Circuit issued Administrative Order 13-08, which creates an International Commercial Arbitration (“ICA”) Subsection within Section 40, the Complex Business Litigation Section. The ICA Subsection will hear all cases arising under the Florida International Commercial Arbitration Act and the Federal Arbitration Act, as well as related cases arising out of the same transaction or occurrence. All ICA Subsection cases will be heard by judges who have experience handling complex commercial matters and who receive specific judicial education in the handling of international commercial arbitration. Miami is the second city in the country to create a complex commercial arbitration subsection (the first of its kind was established in New York City). The creation of this subsection demonstrates Miami’s significance in the international business community; in recent years, Miami has become the gateway for businesses doing business in Latin America, particularly Venezuela, Brazil, and Argentina.

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WSH Appellate Chair Obtains Significant Win Before Third DCA on Premises Liability Discovery Dispute

6 years ago

On July 31, Florida’s Third District Court of Appeal granted Publix Super Market Inc.’s petition for writ of certiorari to quash a trial court’s discovery order that instructed Publix to supply information relating to slip and fall incidents occurring at all of Publix’s stores throughout Florida. Holding that the trial court’s order gave the plaintiff “carte blanche” discovery of irrelevant information, the Court held that the order departed from the essential requirements of the law and caused irreparable injury to Publix. The decision has significant legal and practical implications for large retailers defending slip and fall lawsuits. WSH Partner Edward G. Guedes served as appellate counsel for Publix in the matter.

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Senate Bill Aims to Attract International Disputes to Florida Courts

6 years ago

Earlier this year, State Senator Miguel Diaz de la Portilla introduced a bill that would allow international disputes to be handled in Florida. CS/SB 186 addresses personal jurisdiction in the Florida courts.

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Supreme Court Justices Hold Plaintiff’s Claim Moot in Collective Action Under FLSA, Dismissing Case

6 years ago

On April 16, the U.S. Supreme Court issued an opinion that may limit the availability of collective action suits under the Fair Labor Standards Act. By way of background, the Fair Labor Standards Act (“FLSA”) establishes federal minimum wage and overtime pay requirements that cannot be modified by contract. Section 16(b) of FLSA permits employees to bring a private cause of action on their own behalf and on behalf of “other employees similarly situated” for specific violations of the FLSA. A suit brought on behalf of other employees is known as a “collective action.” The issue before the Court was whether a collective action is justiciable when the lone plaintiff’s individual claim becomes moot.

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Categories: Labor and Employment, Litigation, Federal Law, Federal Courts, Class Actions, Civil Procedure
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Brett J. Schneider, Joseph H. Serota, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, South Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara

Supreme Court Rejects Class Certification In Comcast Lawsuit

6 years ago

On March 27, the Supreme Court ruled in favor of Comcast Corporation (“Comcast”) in an antitrust case brought by a group of its subscribers in the Philadelphia area on the basis of the group’s improper class certification. In Comcast Corporation v. Behrend, --- S. Ct. ----, 2013 WL 1222646 (U.S. Mar. 27, 2013). the Court held that issues of damages can preclude class certification, and that district courts must conduct a “rigorous analysis” of whether a group of plaintiffs satisfies the certification criteria under the Federal Rules of Civil Procedure, even if certain issues in the analysis are also addressed in the merits of the case. The decision provides companies with a substantial defense to class certification in antitrust cases.

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Florida Legislators Consider Changes to Existing Foreclosure Laws

6 years ago

For the third time since 2010, Florida lawmakers introduced a bill designed to accelerate the foreclosure process in the state. House Bill 87, otherwise known as the "Fair Foreclosure Act,” offers a number of changes to civil procedures in foreclosure cases, including limiting discovery time available to owners and requiring lenders to file the original note or certification that they have the note. The bill makes these changes retroactively, so pending cases would be affected as by the legislation. Proponents of the Fair Foreclosure Act argue that it provides community associations with leverage against banks that file foreclosure lawsuits against delinquent owners and then fail to litigate the case aggressively. By speeding up the foreclosure process, they argue, the Fair Foreclosure Act helps community associations get rid of delinquent owners who incur massive arrearages during the pendency of a long foreclosure process. Detractors counter that the bill does not incentivize the banks to prosecute a foreclosure aggressively, and that most of the changes place too great a burden on homeowners.

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Categories: Litigation, Condominium Associations, Homeowners' Associations, Civil Procedure
Tags: Collections, Condos and HOAs, Governing Documents, Covenants and Restrictions, Jamie A. Cole, Edward G. Guedes, Joshua D. Krut, Michael S. Popok, Joseph H. Serota, Florida Legislature, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Matthew H. Mandel, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Florida Commercial Litigation Lawyer, Florida Community Association Law, Florida Condo Association Law, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys
Author(s): Brooke P. Dolara

WSH Obtains Summary Judgment Against Local Hotelier, Preserving $36 Million Deficiency Judgment

6 years ago

On October 22, 2012, the Palm Beach County Circuit Court, Judge Lucy Chernow-Brown, granted a motion for summary judgment against an attempt by Shubh Hotels Detroit, LLC, Atul Bisaria, and Mihu Bisaria to collaterally attack a loan deficiency judgment in excess of $36,000,000 entered against them by a Michigan State Court. The Michigan judgment is in favor of United Central Bank, which is represented in Florida by Michael S. Popok and Eric P. Hockman.

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Fourth DCA Overturns Denial of Summary Judgment Motion After Verdict and Damages Awarded

7 years ago

The Fourth District Court of Appeal (“DCA”) recently reversed a lower court’s denial of the defendant’s motion for summary judgment even though the case subsequently went to trial and the plaintiff obtained a favorable judgment. In overturning the trial court’s decision, the Court held that where the material facts are not disputed and the denial of summary judgment is based on the resolution of a purely legal question, a decision is appealable after final judgment.

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Florida Supreme Court to Tackle Conflict Between 2nd and 5th District Court of Appeal Decisions Reached in CMI Cases

7 years ago

The Florida Supreme Court has recently accepted jurisdiction in Ulloa v. CMI, Inc. to resolve a conflict between the Fifth District Court of Appeal and Second District Court of Appeal in CMI, Inc. v. Landrum. In both cases, our appellate practice chair, Edward G. Guedes, represented CMI. The issue to be reviewed by the Florida Supreme Court relates to the ability of state courts to subpoena documents from an out-of-state corporate witness that happens to do business in the state, but otherwise has no documents, employees or offices in the state.

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Florida Supreme Court Abrogates Joint Residency Rule, Gives Plaintiffs Greater Latitude in Selecting Venue

7 years ago

On March 15, the Florida Supreme Court held that a plaintiff suing defendants who reside in different counties is not limited by the “joint residency rule” and can sue in the county of his or her choice.

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Categories: Litigation, Appellate Law & Practice, Civil Procedure, Torts
Tags: Florida Supreme Court, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Florida Legislature, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Commercial Litigation Lawyer, Florida Litigation Attorneys, Miami Litigation Attorney, Negligence
Author(s): Brooke P. Dolara

Blog

Eleventh Circuit Court Establishes International Commercial Arbitration Subsection, The Second of Its Kind in the Nation

WSH Appellate Chair Obtains Significant Win Before Third DCA on Premises Liability Discovery Dispute

Senate Bill Aims to Attract International Disputes to Florida Courts

Supreme Court Justices Hold Plaintiff’s Claim Moot in Collective Action Under FLSA, Dismissing Case

Supreme Court Rejects Class Certification In Comcast Lawsuit

Florida Legislators Consider Changes to Existing Foreclosure Laws

WSH Obtains Summary Judgment Against Local Hotelier, Preserving $36 Million Deficiency Judgment

Fourth DCA Overturns Denial of Summary Judgment Motion After Verdict and Damages Awarded

Florida Supreme Court to Tackle Conflict Between 2nd and 5th District Court of Appeal Decisions Reached in CMI Cases

Florida Supreme Court Abrogates Joint Residency Rule, Gives Plaintiffs Greater Latitude in Selecting Venue

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