By: Deedee Bitran, Esq. Shutts and Bowen LLP Last month, the Equal Employment Opportunity Commission (“EEOC”) sued a Florida-based McDonald’s franchisee (Houcorp, Inc.) for allegedly failing to accommodate a deaf job applicant under the Americans with Disabilities Act (“ADA”). The Complaint alleges that a job applicant who is hard of hearing requested and was denied...Read More

By Christopher DeCort On April 27, 2023, the Florida Supreme Court issued an opinion in which it further amended Fla. R. Civ. P. 1.530 to require motions for rehearing to preserve for appeal challenges based upon a trial court’s “failure to make required findings of fact” (rather than “the sufficiency of trial court’s findings”). The...Read More

Dennis LeVine, Brock & Scott, PLLC Fraud by auto repair shops and towing companies cause lenders to lose their liens on vehicles and incur multi-million-dollar losses.   In 2019, the Florida Legislature significantly amended the vehicle repair shop lien statute to address rampant fraud in Florida by vehicle repair shops.  This effort began with a letter from...Read More

By Michael Kolcun, Adams and Reese LLP In a case of first impression, SE Property Holdings, LLC v. Welch, __ F.4th __, 2023 WL 2878735 (11th Cir. April 11, 2023), the Eleventh Circuit held that the “catch-all” remedies provision in the Florida Uniform Fraudulent Transfer Act (“FUFTA”), Fla. Stat. § 726.101 et seq., neither allows...Read More

By: Deedee Bitran, Esq. Shutts & Bowen LLP Two new pieces of federal legislation are reshaping and improving the landscape for women in the workforce by mandating reasonable pregnancy accommodations and expanding protections to employees who pump breastmilk at work.  In light of these new federal laws, employers should promptly (i) consult with their employment...Read More

Interview by Crystal Potts on February 23, 2023Read More

by Manny Farach March 25, 2023 DeMaria v. Construction Industry Licensing Board, Case No. 1D20-2306 (Fla. 1st DCA 2023). Even if the contractor has declared bankruptcy, Florida Statute section 489.1401(2) requires a claimant seeking recovery from the Construction Industry Recovery Fund obtain a judgment, an arbitration award, or an order of restitution before the Construction...Read More

February 25, 2023 Maddox v. Maddox, Case Nos. 2D21-517 and 2D21-521 (Fla. 2d DCA 2023). The assets of a third party company cannot be adjudicated during divorce proceedings unless the company is made a party to the proceedings and has the opportunity to participate with regard to its assets. Oana v. Solomon, Case No. 2D22-772...Read More

January 28, 2023 Skyhop Technologies, Inc. v. Narra, Case No. 21-14051 (11th Cir. 2023). So long as a plaintiff’s claims meet Florida’s connexity requirement, an allegation that an out of state software vendor violated the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, against a Florida company constitutes a tort committed in Florida and...Read More

By Michael A. Kolcun In Nealy v. Warner Chappell Music, Inc., __ F.4th __, 2023 WL 2230267 (11th Cir. Feb. 27, 2023), the Eleventh Circuit joined the fray among its sister circuits by holding damages in a copyright action may be recovered for infringement occurring more than three years before suit is filed. Nealy involved...Read More