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Litigation

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Mandatory Foreclosure Mediation Ends in Florida

January 31, 2012

On Monday, Florida Supreme Court Justice Charles Canady issued an Order terminating the state’s mandatory foreclosure program. Citing the program’s abysmal success rate, Justice Canady wrote that [...]

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    Health Care, Free Speech and Criminal Appeals Dominate Docket for Supreme Court’s 2011-2012 Term

    January 31, 2012

    On October 3, the Supreme Court returned to the bench for its 2011-2012 term. Although the caseload for the term is usually finalized in February, the Court already has forty-nine appeals on its [...]

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      Snapshots From The Community Planning Act, Part 6: Evaluation and Appraisal Process

      January 31, 2012

      The Evaluation and Appraisal Report (EAR) as you have known it is dead. In its place is a requirement that local governments evaluate, every seven years, whether changes to the comprehensive plan [...]

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        South Florida PACE District Invests Energy (and Money) Into Going Green

        January 31, 2012

        Recently, the Town of Cutler Bay signed a landmark agreement with Ygrene Energy Fund Florida for Ygrene to provide no-risk administration of Florida’s first-ever Property Assessment Clean Energy [...]

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          Law Firm Alliance Selects WSHPC&B As Sole South Florida Representative

          January 31, 2012

          Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. is proud to have been selected as a member of the Law Firm Alliance, an elite coalition of law firms made up of 60 plus firms and 1500 [...]

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            Takings in Eminent Domain: Testing The Waters Does Not Create a Property Right

            January 31, 2012

            In its recent decision in the matter of St. Johns River Water Management District v. Koontz, SC09-73, the Florida Supreme Court held that under the U.S. and Florida Constitutions there is not a [...]

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              Third DCA Holds That Product Manufacturers Whose Products Were Not Used By Plaintiff May Still Be Liable Under Civil Conspiracy

              January 31, 2012

              On September 28, 2011, the Third District Court of Appeals of Florida in  Rey v. Philip Morris, Inc., ___ So. 3d ___ , 2011 WL 4467387 (Fla. 3d DCA 2011), reversed a Miami-Dade County [...]

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                Third DCA Throws Out Case Alleging “Repugnant Environmental Violations”

                January 31, 2012

                On September 28, the Third District Court of Appeal in Florida reversed a trial court’s decision to grant a new trial to a plaintiff corporation seeking indemnification for “repugnant [...]

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                  WSH Attorneys Recognized by 11th Judicial Circuit Historical Society for Achievement and Commitment to Historical Preservation

                  January 31, 2012

                  On November 12, HistoryMiami’s 11th Judicial Circuit Historical Society awarded two Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. attorneys with Legal Legends Awards. The Historical [...]

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                    NLRB Changes Procedures to Speed Up Union Elections; Employer-Friendly Organizations Respond With Lawsuit

                    January 31, 2012

                    On December 21, the National Labor Relations Board (“NLRB”) published a new Rule that will change the procedures for private sector union representation elections. The Rule, which will take [...]

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