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Todd A. Levine

Associates’ Corner: In the Third District A Voluntary Dismissal Without Prejudice Does Not Automatically Make the Defendant a Prevailing Party—The Outlier

By March 28, 2013

By Jeffrey M. Berman Recently, I dealt with an interesting issue regarding a defendant’s request for prevailing party costs under Fla. R. Civ. P. 1.420 following a voluntary dismissal without prejudice.  The issue was whether the plaintiff’s voluntary dismissal without prejudice operated as an adjudication on the merits such that …

Philippe Lieberman

Co-Founder of Ultra Sues to Regain Control of Popular Music Festival: What Went Wrong

By March 19, 2013

By Philippe Lieberman On Friday, downtown cleared out by lunchtime as employees fled in anticipation of Miami’s annual Ultra Music Festival.  Co-founder Alex Omes sued his partners last week, claiming that he was fraudulently forced out of the company that produces the event during a secret shareholder meeting.

Todd A. Levine

The Demise of the Economic Loss Rule: How Will This Impact Business Litigants?

By March 14, 2013

By Justin B. Kaplan Last week, the Florida Supreme Court put the final nail in the coffin of the dying economic loss rule.  In the landmark case Tiara Condominium Ass’n, Inc. v. Marsh & Mclennan Co., Inc., the Florida Supreme Court took advantage of a certified question from the 11th Circuit to hold that  “the …

Todd A. Levine

Recent ABA Opinion Cautions Judges Regarding Use of Social Media, But Does it Go Far Enough?

By March 6, 2013

By Todd A. Levine Last week, the ABA issued an opinion judges’ use of social media sites such as Twitter, Facebook and LinkedIn.  While the opinion acknowledges judges can and should use social networking sites, the opinion cautions judges to be sure that their online actions do not suggest they are …