Civil Litigation

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Total Set Off Cases: 4

Scott, et al. v. Higginbotham

27 Fla. L. Weekly D2221 (Fla. 2nd DCA October 18, 2002)

2002-10-18

SET OFF

When an attorney works for one firm and then moves to another firm and representation of clients with adverse interests becomes an issue, the former firm must make a prima facie showing that the attorney acquired confidential information in the course of the attorney

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Technical Aid Corp. v. Tomaso

27 Fla. L. Weekly D1025 (Fla. 5th DCA May 10, 2002)

2002-05-10

SET OFF

The court found that the arbitration clause could not be claimed by the newly formed company because it was neither a signatory nor intended third-party beneficiary. Rather, only the parties actually agreeing to the non-compete clause could arbitrate. Furthermore, in dicta, the court found that there was insufficient evidence to prove that the new company was an alter ego of the defendant. Therefore, the court found that, unlike the plaintiff, the newly formed company could not compel arbitration.

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Burgess v. Allstate Indemnity Co.

27 Fla. L. Weekly D814 (Fla. 2nd DCA, April 19, 2002)

2002-04-19

SET OFF

Appellant, insured under an Allstate Indemnity Company insurance policy, sued Allstate when it refused to pay the full amount of his medical bills resulting from an automobile accident. Allstate argued that because the appellant had not been sued by the medical providers, he had suffered no damage. The circuit court agreed and granted summary judgment. The Second District Court of Appeal adopted the reasoning of Kaklamanos v. Allstate Insurance Co., 796 So.2d 555 (Fla. 1st DCA 2001), and reversed the summary judgment. The Kaklamanos court found that an insured could be damaged by an insurance company

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