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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 …

Steve I. Silverman

Filing a Lawsuit Alone is Not Enough: Pennsylvania State Court Denies Carte Blanche Access to Social Media Records What Will This Mean for Social Media Discovery?

By March 12, 2013

By Steve I. Silverman A recent ruling by a Pennsylvania state court denied a defendant’s request for plaintiffs’ social media records.  In Hoy v. Holmes, case no.: S-57-12, plaintiffs sued defendant for damages arising from an automobile accident.  Defendant sought and later moved to compel production of the plaintiffs’ social media records.  The court denied …