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• Fourth DCA Holds Proposal for Settlement Can't Apply to Suit for Damages and Injunctive Relief

  Florida lawyers find themselves facing yet another appellate decision invalidating a Proposal for Settlement. Yes, it's been about a month since a Proposal was shot down like this case. Or this one. In our instant…

• Another Florida Court Agrees That AAA Declining Case Does Not Void Arbitration Agreement

  Two of Florida intermediate appellate courts have now ruled that pre-dispute arbitration clauses which refers health care disputes to the American Arbitration Association (AAA) are nonetheless valid -- even though the AAA will decline the…

• Florida Supreme Court Grants Review of Nursing Home Arbitration Case

  Apparently arbitration-watchers will want to be current on their nursing home case law since the Florida Supreme Court has granted review of Estate of Gessa v. Manor Care. Back in February, we wrote a long…

• Wife Verbally OK's Husband to Sign Papers Is Agency to Sign Arbitration Clause

  In our last post, we discussed the Nebraska Supreme Court decision in Koricic / Baker v. Beverly Hallmark to find that a family member "agent" could be authorized to signed the "principal" into a nursing…

• Nebraska Supreme Court Finds Reasonable People Do Not Expect Arbitration Clauses in Nursing Home Contracts

  We travel out to Nebraska for a state supreme court decision in a nursing home arbitration case which, like most cases of this type, seems to present (yet another) new twist to an area which…

• Client Must Sign Mediation Settlement Agreement (4th DCA Overlooks On Point 3rd DCA Opinion)

  For a mediation settlement agreement to be enforced by a court, Florida Rule of Civil Procedure 1.730(b) requires it to be "reduced to writing and signed by the parties and counsel, if any." Few court…

• Arbitration Clause Does Not Need to "Leap Off The Page" Per Florida's Third DCA

  An "simple, self-contained" arbitration clause in a four page document does not need to "leap off the page," says a Panel from the Third District in National Financial Services, LLC, Bank of America Corporation, Bank…

• Multiple Contracts Between Parties, One Has Arbitration Clause...

  The First District considered a case where, between 1987-1993, the parties entered into several contracts with broad arbitration clauses. Eleven years later, in 2004, they enter into another contract which "supplements but does not replace"…

• Florida Assisted Living Resident Cannot Avoid Arbitration Due to Not Reading or Understanding

  In what appears to be a surprisingly weak argument, a plaintiff assisted living facility resident was able to convince a Florida trial judge that she was not bound by arbitration -- despite the Resident and…

• Picky Issues Control Proposals for Settlement: Proposal Served without a Certificate of Service is... VOID

  Florida courts have been clear, almost to a fault, that the Proposal for Settlement rules are strictly construed. For day-to-day practitioners, that approach has created a minefield of picky technicalities complying with the Rule of…