Category Archives: Legal Perspectives
Enforcing Settlement Agreements Through the Agreement or Judgment?
In a recent decision by the Second District Court of Appeal, Webb v. Webb, the Court determined that when a marital settlement agreement is incorporated into a final judgment, and the court retains jurisdiction to enforce the judgment, enforcement of the agreement is generally subject to the 20-year statute of limitations set forth in… Read More »
Second DCA Finds That Florida Law Provides No Remedy For Partner Without Biological Connection To Child
In a recent Second District Court of Appeal decision, the Court affirmed the principle that there is no remedy under Florida law for a partner who has no biological connection to a child. In Springer v. Springer, Case No. 2D18-2265, filed July 19, 2019, the Second District reviewed a decision of the Pinellas County… Read More »
Death, Divorce, and Disability: Involuntary Transfers and Their Impact on Corporate Entities
Corporate entities under-utilize a valuable tool that remains available to protect their shareholders, partners, owners and others with an interest in the corporate form – the deemed offer to sell provision or a provision addressing the “involuntary transfer” of an interest in a corporate or other business entity. This provision can enhance the protections… Read More »
Recent Federal Appellate Decision Highlights Risks Posed to Public Universities and Colleges from Constitutional Violations in Title IX Sexual Misconduct Investigations
The federal Sixth Circuit Court of Appeals issued a decision on February 9, 2018 that highlights the many challenges currently facing public universities and colleges’ efforts to comply with Title IX.[1] In John Doe v. Miami University, the Court held that a male student’s lawsuit against Miami University in Ohio and an individual administrator… Read More »
Eleventh Circuit Holds that a Fair Labor Standards Act “Opt-In” Collective Action Claim Does Not Bar Further State-Law “Opt-Out” Class Action Claims
On September 28, 2016, the Eleventh Circuit issued its decision in Calderone v. Scott, a case that had implications for Florida plaintiffs with wage claims against their employers.[1] In Calderone, former employees of the Lee County Sheriff’s Office brought suit against the Sheriff under the federal Fair Labor Standards Act (“FLSA”) and the Florida… Read More »
Spreading the Secret: Early “Defend Trade Secrets Act” Decision Shows that Businesses Have the Choice of Pursuing Misappropriation of Trade Secret Claims in Either State or Federal Court
In one of the first cases filed in Florida under the new Federal Defend Trade Secrets Act (“DTSA”), a federal court relied on precedent under Florida’s own Uniform Trade Secrets Act (“FUTSA”) to dismiss a complaint for misappropriation of trade secrets that sought relief under both statutes.[i] In M.C. Dean, Inc. v. City of… Read More »