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Alan J. Kluger

Florida Supreme Court Rules Statute of Limitations Applies to Arbitration

By May 20, 2013

By Alan J. Kluger Yesterday, the Florida Supreme Court answered a question certified by the Second Circuit in the case of Raymond James Financial Services, Inc. v. Phillips: Does Florida’s Statute of Limitations apply to arbitration? Yes. The plaintiffs in the case filed a claim for arbitration with the NASD, pursuant …

Todd A. Levine

Associate’s Corner: Florida’s Appellate Courts Split on the Scope of FDUTPA—Will More Foreign Consumers Gain Protection from Fraudulent and Deceptive Trade Practices?

By May 13, 2013

By: Jorge Delgado The Florida Deceptive and Unfair Trade Practices Act, popularly known as FDUTPA, was designed to protect consumers from fraudulent and deceptive trade practices.  In a typical scenario, a Florida consumer would sue a company that transacts business in Florida over activities that occurred entirely in Florida. However, …

Alan J. Kluger

As States Consider Mandatory Pro Bono Hours, What Would That Mean for Practitioners?

By April 23, 2013

By Alan J. Kluger A recent article in the National Law Journal discussed changes and proposed changes to state bar requirements, which include mandatory pro bono hours for new attorneys.  New York’s recent changes require applicants to the New York Bar to complete 50 hours of pro bono work.  Work done …

Abbey L. Kaplan

The Demise of the Economic Loss Rule Does Not Do Away With Basic Pleading Requirements

By April 16, 2013

By Abbey Kaplan In light of the recent Florida Supreme Court case of Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Co., Inc. which did away with the economic loss rule, in all matters except products liability cases litigators predict that this case opens the floodgates to tort claims that arise from the …

Marko F. Cerenko

Associate’s Corner: Post-Traynor, How Far Does Absolute Privilege Extend?

By April 12, 2013

By Marko Cerenko Much has been written about the recent Florida Supreme Court case of Delmonico v. Traynor, which declined to extend Florida’s long standing absolute litigation privilege to statements made by an attorney during ex-parte, out of court questioning of a nonparty witness. Recently I came across an interesting twist …