REAL ESTATE CORNER
REAL ESTATE CORNER
Florida Real Property and Business Litigation Report
MANUEL FARACH
Moody v . NetChoice , LLC , Case No . 22 – 277 ( 2024 ). Not every action taken by a social media company is protected by the First Amendment but not every regulation will necessarily withstand First Amendment scrutiny so it is appropriate to remand to the circuit courts to evaluate the facial challenges to the laws .
Cantero v . Bank of America , Case No . 22 – 529 ( 2024 ) Courts must use the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and the precedent set forth in Barnett Bank of Marion Cty ., N . A . v . Nelson to determine if state law applies to nationally chartered banks or if the state law is preempted by federal law .
Connelly v . United States , Case No . 23 – 146 ( 2024 ). A corporation ’ s contractual obligation to redeem shares , e . g ., a company buying an owner ’ s shares through insurance upon he owner ’ s death , is not necessarily a liability that reduces a corporation ’ s value for purposes of the federal estate tax .
Truck Insurance Exchange v . Kaiser Gypsum , Case No . 22 – 1079 ( 2024 ). An insurer with financial responsibility for bankruptcy claims is a “ party in interest ” under § 1109 ( b ) that “ may raise and may appear and be heard on any issue ” in a Chapter 11 case .
Vidal v . Elster , Case No . 22 – 704 ( 2024 ). The Lanham Act ’ s names clause does not violate the First Amendment .
United States Trustee v . John Q . Hammons Fall 2006 , LLC , Case No . 22 – 1238 ( 2024 ). Prospective parity is the appropriate remedy for the short-lived issues created by the trustee fee statute held unconstitutional in Siegel v . Fitzgerald , 596 U . S . 464 ( lack of uniformity in trustee fees violates the Constitution ).
Moore v . United States , Case No . 22 – 800 ( 2024 ). The Mandatory Repatriation Tax ( realized and undistributed income of an Americancontrolled foreign corporation is attributed to the entity ’ s American shareholders for tax purposes ) does not violate the Sixteenth Amendment despite taxing undistributed income .
Murthy v . Missouri , Case No . 23 – 411 ( 2024 ). States and individuals lack standing to claim the federal government violated the First Amendment by pressuring social media platforms to censor speech .
Securities and Exchange Commission v .
Jarkesy , Case No . 22 – 859 ( 2024 ). A Securities and Exchange Commission action seeking civil penalties against a defendant for securities fraud involves traditional common law claims ( fraud ) and legal remedies ( civil penalties ) to which the right to a jury trial attaches under the Seventh Amendment .
Harrington v . Purdue Pharma L . P ., Case No . 23 – 124 ( 2024 ). The Bankruptcy Code does not – without the consent of affected claimants - authorize the release of non-debtor third parties under a Chapter 11 plan which effectively releases claims against non-debtor third parties .
Loper Bright Enterprises v . Raimondo , Case No . 22 – 451 ( 2024 ). The Chevron Deference Doctrine is overruled as the Administrative Procedure Act requires courts to exercise independent judgment in deciding whether an agency acted within its statutory authority when the agency interpreted an ambiguous law .
Securities and Exchange Commission v .
Keener , Case No . 22-14237 ( 11th Cir . 2024 ) Purchasing convertible notes from microcap stock issuers , converting those notes into common stock , and then selling the stock at a profit violates 15 U . S . C . § 78o ( a ) of the Securities Exchange Act of 1934 by acting as an unregistered " dealer ."
In Re : Amendments To Florida Rules of Civil Procedure 1.080 and 1.310 , Case No . SC2023- 1678 ( Fla . 2024 ).
PBCBA BAR BULLETIN 20
Minor changes to Rules of Civil Procedure 1.080 and 1.310 .
In Re : Amendments To Rules Regulating The Florida Bar – Rule 1-3.3 , Case No . SC2024- 0493 ( Fla . 2024 ). Rule Regulating the Florida Bar 1-3.3 is amended to require all members of the Florida Bar to maintain an email account and internet service unless excused from e-service by the court .
In Re : Amendments To The Florida Rules of Civil Procedure , Case No . SC2022-1719 ( Fla . 2024 ). Rule of Civil Procedure 1.110 ( d ) is amended so that short , plain statements of facts are required for affirmative defenses , Rule 1.820 ( h ) is retitled and amended to reflect that arbitration decisions will be deemed rejected only if a “ notice of rejection of the arbitration decision and request for trial ” is filed with the court within 20 days of service of the arbitrator ’ s written decision , and the landlord-tenant forms are revised .
Pinellas County v . Joiner , Case No . SC2019- 1819 ( Fla . 2024 ). Sovereign immunity does not shield a county from paying ad valorem taxes for property it owns outside the county ’ s territorial boundaries .
Lawnwood Medical Center , Inc . v . Rouse , Case No . 4D2022-263 ( Fla . 4th DCA 2024 ). The Fourth District recedes from prior precedent and holds an arbitration decision is final under Florida Statutes section 44.103 ( 5 ) unless a request for trial de novo is filed within twenty days or excusable neglect is shown ; conflict certified with de Acosta v . Naples Community Hospital , Inc ., 300 So . 3d 264 ( Fla . 2d DCA 2019 ), and Beyond Billing , Inc . v . Spine & Orthopedic Center , P . C ., 362 So . 3d 256 ( Fla . 2d DCA 2023 ).
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