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...Read More

The compilation of the 2021 weekly editions of the case updates can be found hereRead More

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...Read More

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...Read More

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...Read More

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...Read More

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...Read More

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...Read More

August 7, 2021 August 14, 2021 August 21, 2021Read More

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...Read More