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Carlton Fields
 
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By Benjamin E. Stearns
The case involved an award in excess of $800,000 against a home designer and some affiliated companies for a renovation project that went bad.
By Carlton Fields
Reverse Mortgage / Statute of Limitations: as a matter of first impression, statute of limitations for enforcing reverse mortgage begins on date the note matures, notwithstanding earlier-death of borrower...
By Carlton Fields
Derivative v. Direct Action / Standing: individual member of LLC not entitled to sue title company for breach of fiduciary duty because right to sue belonged to LLC
By Gail Jankowski
Following arbitration, the parties filed cross-motions to confirm and vacate the arbitration award. The District Court for the Southern District of California issued an order to show cause...
By Daniel G. Enriquez
Third-party liability policies often include aggregation clauses.
By Benjamin E. Stearns
A $100 million arbitration award against NutraSweet was reinstated by a New York state appellate court due to the "emphatic federal policy in favor of arbitral dispute resolution embodied in the FAA,
By Carlton Fields
This Week's Florida Appeals: Weeks Of November 19 - 30, 2018
By Nora Valenza-Frost
Plaintiff Syed Nazim Ali appealed a Northern District of California judgment dismissing Plaintiffs' diversity action against FINRA alleging state law claims arising from an arbitration proceeding.
By Jeanne Kohler
The background of this case is as follows. In 2014, ContraVest Inc., ContraVest Construction Co., and Plantation Point Horizontal Property Regime Owners Association Inc.
By Nora Valenza-Frost
Plaintiffs had entered into various au pair agreements which contained arbitration provisions, which defendants sought to enforce when a class action was filed.
By Ann Young Black, Jamie Bigayer
At the NAIC Fall 2018 National Meeting, state regulators continued plowing through the Suitability in Annuity Transactions Model Regulation (Model 275) (Suitability Model).
By Jeanne Kohler
The complete procedural background of this "not precedential" case can be found here. In sum, this case stems from a 2007 lease agreement between Ross Dress for Less, Inc. ("Ross") and VIWY, L.P.
By Jason R. Brost
Does an arbitration clause in a one but not the other of two contracts executed by the same parties at the same time apply to a dispute regarding the contract that does not contain the arbitration clause?
By Carlton Fields
Real Property, Financial Services, & Title Insurance Update: Week Ending November 9, 2018
By Jason R. Brost
A district court judge in the U.S. District Court for the Eastern District of Louisiana has issued an order attempting to resolve the apparent tension ...
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