Doing Business in Florida Blog
Judge Strikes Down Proposed "Public Notice of Pollution" Rule
January 8, 2017
Daniel H. Thompson
|
Environmental, Government and Regulatory, Pollution
On December 30, 2016, an Administrative Law Judge with Florida’s Division of Administrative Hearing, Judge Bram D. E. Canter, issued a Final Order striking down a proposed rule of the Florida Department of Environmental Protection entitled “Public Notice of Pollution” As explained in my July 29, 2016, blog, the proposed rule was intended to replace a FDEP-issued emergency rule that by Florida law was effective for only 90 days. As with the emergency rule, the proposed rule would have significantly increased pollution notification requirements.
Foreign Businesses Catering to U.S. Tourists Can Enforce Contract Provisions Determining Where Litigation for Injuries Suffered Overseas Must Be Initiated
January 5, 2017
Paul A. Avron
|
Appellate Litigation, Bankruptcy Litigation, Bankruptcy/Restructuring, Foreign Businesses, Foreign Courts, Forum Section Clauses, U.S. Tourists
According to a new Eleventh Circuit opinion, Feggestad v. Kerzner Int’l Bahamas, Ltd., foreign businesses that employ online purchase or reservation systems to sell goods or services to U.S. customers can enforce so-called “forum selection” clauses—contract clauses that designate the geographic location of the court that will hear disputes arising from
Death, Taxes, Insurance, Oh My!
December 12, 2016
Mitchell W. Goldberg
Supreme Court to Decide If the Filing of a Faulty Proof of Claim in Bankruptcy Permits a Debtor to Sue Under the FDCPA
December 11, 2016
Fred O. Goldberg
Pressure's Building on South Florida's Urban (Re)Development
December 5, 2016
Anthony J. Carriuolo
Virtual Reality and Augmented Reality – Showcasing the Real in Real Estate
November 30, 2016
Barry D. Lapides
Is Your Competitor Making False Comparative Advertising Claims?
November 30, 2016
Leonard K. Samuels and Jeffrey S. Wertman
Each year, false advertising lawsuits cost companies millions of dollars in damages and cause significant damage to their reputation and goodwill. Just recently, on November 9, 2016, a former customer of Krispy Kreme doughnuts filed a $5 million false advertising class action lawsuit in federal court in California alleging that Krispy Kreme doughnuts falsely marketed and sold certain products representing that they were filled with actual fruit, when the products allegedly contained no raspberries, blueberries or maple. (Jason Saidian v. Krispy Kreme Doughnuts Inc., Case No. 2:16-cv-08338, in the U.S. District Court for the Central District of California).
A Victory for Florida Policyholders: The Florida Supreme Court Upholds the Concurrent Cause Doctrine
November 30, 2016
Michael J. Higer and Gina Clausen Lozier
The OCR's Phase 2 HIPAA Audit Program and Cloud-Service Providers, and an Alert Regarding Phase 2 Audit Email Phishing Scams
November 29, 2016
Gavin C. Gaukroger
Upcoming 'Sessions' in the State Legalized Marijuana and Financial Services Industry
November 21, 2016
Colin M. Roopnarine
President-elect Donald Trump sent shock waves through the medicinal and recreational marijuana industry last week when he nominated Senator Jeff Sessions for United States Attorney General. But why should the mere nomination reverberate as it did? Senator Sessions is a former attorney general for the State of Alabama who as an advocate and ardent supporter of Nancy Reagan’s “Just Say No” message, commented in April of 2016 that “good people don’t smoke marijuana.” Sen. Sessions has been outspoken in his stance on drugs and immigration, and has never wavered in his conviction on adhering strictly with the relevant laws.
Medical Marijuana in Florida: Amendment 2's Passage
November 9, 2016
David K. Black and Colleen Maranges
Is a Property Owner Required to Accept Its Contractor's Offer to Repair Construction Defects
November 7, 2016
Jeffrey S. Wertman
A question that frequently arises after a construction project is whether a property owner should accept its contractor’s offer to repair construction defects. The scenario goes something like this. Shortly after a contractor completes a construction project, the property owner discovers the contractor’s work is defective. The contractor makes an offer to remedy the defect. The owner refuses to accept the contractor’s offer and hires a different contractor to repair the defects. A lawsuit follows. Can the owner recover damages for the cost to repair the defects?