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By Katherine Van de Bogart, Esq., Van de Bogart Law, P.A. On November 18, 2021, Governor Ron DeSantis signed legislation that creates new laws regarding COVID-19 vaccine mandates, including Florida Statute § 381.00317, entitled “Private employer COVID-19 vaccination mandates prohibited.” Pursuant to a press release published by the Governor, the new laws “will protect Floridians from...
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The compilation of the 2021 weekly editions of the case updates can be found here
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Week ending December 4, 2021 Jain v. Buchanan Ingersoll & Rooney PC, Case No. 3D20-1529 (Fla. 3d DCA 2021). Florida Statute section 768.79 awards fees paid by a party as well as those paid on the party’s behalf, and accordingly, a prevailing defendant may be awarded attorney’s fees even if his firm (not him) paid...
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By Shirley Palumbo, Greenspoon Marder The whole purpose of corporate formation is to shield oneself from personal liability.  Bankruptcy courts firmly respect this shield where a trustee or a judgment creditor attempts veil piercing in bankruptcy pursuant to state law. Piercing the corporate veil (“PCV”) is not to be pled as an independent cause of...
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Week ending November 6, 2021 Reynolds v. Servis First Bank (In Re: Stanford), Case No. 20-11652 (11th Cir. 2021). Unless a section 363 sale or lease was stayed pending appeal, the reversal or modification on appeal of the authorization under 11 U.S.C. § 363(m) does not affect the validity of a sale or lease to...
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Chapter 11 Plan Confirmations and Mediation: The Need for Uniformity Under the Bankruptcy Code Matthew Akiba, Barakat + Bossa, PLLC Introduction “[B]ankruptcy itself is a form of alternative dispute resolution.”[1] One would think that alternative dispute resolution (“ADR”), more specifically, mediation, would be regularly employed by all Bankruptcy courts given the cost and time constraints...
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By Romy Jurado Florida was one of the first states to lift its COVID-19 lockdown, officially to help businesses recover. But a new law in effect since September 16th may dampen the state’s reputation as a business-friendly environment, fining businesses up to $5,000 for each patron or customer who is required to show proof of...
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By Angelique Gulla, Barakat + Bossa Since the start of the COVID-19 pandemic beginning in March of 2020, courts have had to rapidly adapt to the shutdowns that followed by turning to both short and long-term solutions to ensure that the public’s access to our justice system is not hindered. After their initial closings, courts...
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by Jocelyne A. Macelloni, Barakat + Bossa On April 29, 2021, the Florida Supreme Court adopted a new summary judgment standard. For those litigating in federal courts, the rule is nothing new; in fact, Rule 1.510 of the Florida Rules of Civil Procedure adopts most of its federal counterpart verbatim. The following overview provides 10...
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