Wednesday, December 28, 2011

Releases from the 3d DCA 12/28/11


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


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


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

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