Civil Litigation
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Total Statute Of Limitations Cases: 8
Financial practices that constitute economic fraud are not a
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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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Plaintiff filed suit for damages resulting from the flooding of his property caused by a berm on defendant
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A declaratory action against the Florida Insurance Guaranty Association is barred by the statute of limitations where a plaintiff did not sue either the insured or FIGA within the one-year limitations period.
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Plaintiffs sued the department for wrongful termination, defamation of character, intentional infliction of emotional distress, and loss of consortium. The Fifth District Court of Appeals affirmed the trial court
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The Fair Credit Reporting Act requires credit reporting agencies to maintain reasonable procedures to avoid improper disclosures of consumer credit information. An action to enforce any liability created under the Fair Credit Reporting Act must be brought within two years from the date on which the liability arises except where a defendant has willfully misrepresented any information required under the act to be disclosed to the plaintiff, and the information is material to the claim under the act.
In this case, plaintiff visited a doctor
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In Florida, when a malpractice action is predicated upon errors or omissions committed in the course of litigation, and that litigation proceeds to judgment, the statute of limitations does not commence to run until the litigation is concluded by final judgment.
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In a product liability action where the now-defunct statute of repose is still applicable, the latent injury exception established in Diamond v E.R. Squibb & Sons, Inc., 397 So. 2d 671 (Fla. 1981), remains viable, so that the statute of repose will not extinguish the plaintiff
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