Impression Products, Inc. v. Lexmark International, Inc., Case No. 15–1189 (2017).
Sale of a patented product in the United States “exhausts” the patent rights in the product.Taylor Engineering, Inc. v. Dickerson Florida, Inc., Case No. 1D15-4782 (Fla. 1st DCA 2017).
The First District adopts the “nominal exposure standard” for determining whether a proposal for settlement is made in good faith, i.e., a proposal is made in good faith when the “offeror had a reasonable basis to conclude that his/her exposure wasnominal or minimal.”The City of Pensacola v. Seville Harbour, Inc., Case No. 1D16-2481 (Fla. 1st DCA 2017).
Pro tantoassignments of leases are recognized in Florida, and the retention of an easement when assigning a lease renders the lease transfer a pro tanto assignment and not a sublease since the assignor has retained an interest, i.e., the easement.Department of Transportation v. Butler Carpet Company, Case No. 2D15-2030 (Fla. 2d DCA 2017).
A property owner is not entitled to severancedamages for loss of access if the claimed loss of access is not caused by the use to whichthe property taken has been applied, but is entitled to severance damages if there is a direct connection between the activity on the taken property and theclaimed loss of access.Anderson v. Taylor Morrison Of Florida, Inc., Case No. 2D16-314 (Fla. 2nd DCA 2017).
An arbitration provision which limits statutory claims is void as against public policy.Collier HMA Physician Management, LLC v. Menichello, Case No. 2D16-1204 (Fla. 2nd DCA 2017).
A court must look to the corporate formalities and not the “substance” of corporate transaction in determining whether an entity is a “successor employer” within the meaning of Florida Statute section 542.335(1)(f).City of Key West v. Key West Golf Club Homeowners’, Case No. 3D13-57 (Fla. 3rd DCA 2017).
A municipality may, as part of its legislative functions, require those who benefit from a storm water management system to participate in and pay for the system.Deauville Hotel Management, LLC d/b/a Deauville Beach Resort v Ward, Case No. 3D15-2114 (Fla. 3rd DCA 2017).
Intentional infliction of emotional distress may arise out of breach of contract, but the conduct must be outrageous and well beyond a mere breach of contract.Miranda v. Pacheco Entertainment Production Enterprises, Inc., Case No. 3D16-1951 (Fla. 3rd DCA 2017).
While a court is required to dissolve a temporary injunction where there is clear legal error, Planned Parenthood of Greater Orlando, Inc. v. MMB Props., 211 So. 3d 918, 925-26 (Fla. 2017), it has no such requirement in regard to permanent injunctions.Nikolits v. Haney, Case No. 4D15-4464 (Fla. 4th DCA 2017).
The property appraiser for a county may issue a Certificate of Correction underFloridaAdministrative Code Rule 12D-8.021(2)(a)(6), but a affected property owner may challenge the corrected value as being beyond market value.Symcon Development Group Corporation v. Passero, Case No. 4D16-2641 (Fla. 4th DCA 2017).
The anticipated purchaser of real property which is the subject of litigation between the seller of the real property and a third party has a sufficient interest in the pending litigation to deviate from the normal rule so as to allow the non-party purchaser to intervene in the litigation.Wells Fargo Bank, N.A. V. Eisenberg, Case No. 4D16-2646 (Fla. 4th DCA 2017).
A party need not have participated in the boarding process of a loan to permit a prior servicer’s records to be admissible; a prior servicer’s records are admissiblewhere the current note holder presents testimony that it“had procedures in place to check the accuracy of theinformation it received from the previous note holder.”
