LIQUIDATED DAMAGES
In Goldblatt v. C.P. Motion, Inc., 77 So. 3d 798, 2011 Fla. App. LEXIS 20655 (Fla. 3d DCA 2011), the court reversed a judgment for $4,969,339, because it was the product of an unenforceable liquidated damages clause. The $250,000 per breach liquidated damage provision was held to amount to an unconscionable penalty. See http://www.3dca.flcourts.org/Opinions/3D10-1848.pdf
DEFAMATION ON THE WEB
In Goldblatt v. C.P. Motion, Inc., 77 So. 3d 798, 2011 Fla. App. LEXIS 20655 (Fla. 3d DCA 2011), the court reversed a judgment for $4,969,339, because it was the product of an unenforceable liquidated damages clause. The $250,000 per breach liquidated damage provision was held to amount to an unconscionable penalty. See http://www.3dca.flcourts.org/Opinions/3D10-1848.pdf
DEFAMATION ON THE WEB
In Giordano v. Romeo, 76 So. 3d 1100, 2011 Fla. App. LEXIS 20660 (Fla. 3d DCA 2011), the court applied the Communications Decency Act, 47 U.S.C. § 230, to provide complete immunity to Xcentric Ventures, LLC, while criticizing its business practice: “Xcentric appears to pride itself on having created a forum for defamation.” See http://www.3dca.flcourts.org/Opinions/3D11-0707.pdf
ARBITRATION
ARBITRATION
GlobeTec Constr., LLC v. Custom Screening & Crushing, Inc., 77 So. 3d 802, 2011 Fla. App. LEXIS 20635 (Fla. 3d DCA 2011), held that, while a non-signatory is not bound by an arbitration agreement, it also could not sue for fraudulent inducement. See http://www.3dca.flcourts.org/Opinions/3D11-1265.pdf
No comments:
Post a Comment