Kokesh v. Securities and ExchangeCommission, Case No. 16–529 (2017).
The statute of limitations under 28 U.S.C. §2462 limits the Securities and Exchange Commission to five-years to bring disgorgement as well as civil penalty claims.Town of Chester, New York v. Laroe Estates, Inc., Case No. 16–605 (2017).
Parties seeking to intervene as a matter of right under Federal Rule of Civil Procedure 24(a)(2)must meet the requirements of Article III standing if the intervenor seeks relief not requested by a plaintiff.Surterra Florida, LLC v. Florida Department Of Health, Case No. 1D16-4091 (Fla. 1st DCA 2017).
The names of investors and partners submitted to a governmental agency can constitute a “trade secret” under Florida Statute section 812.081(1)(c) such that the names are not subject to public disclosure under Florida law.Cagwin v. Thrifty Rents, Inc., Case No. 2D16-1698 (Fla. 2d DCA 2017).
An instrument may be treated as an affidavit even if it is acknowledged and not sworn to.Destination Boat Clubs, Inc. v. Island Breeze Boat Club & Rental Inc., Case No. 2D16-2092 (Fla. 2d DCA 2017).
Attorney’s fees cannot be awarded against an impleaded defendant, but can be awarded against the judgment debtor and the amount of awarded fees can be added to the judgment the impleaded defendant is required to pay.Travelers Casualty and Insurance Company of America v. Community Asphalt Corporation, Case No. 3D16-4 (Fla. 3d DCA 2017).
A contract cannot override the venue provisions of the surety bond statute (Florida Statute section 255.05(1)(e)) and force venue in contravention of the statute.Karapetyan v. Deutsche Bank National Trust Company, Case No. 3D16-2302 (Fla. 3d DCA 2017).
Florida Statute section 45.031(2) does not require the second publication of a foreclosure sale to be on the final day of the two-week period for advertising sales.Gomez v. S & I Properties, LLC, Case No. 3D16-2582 (Fla. 3d DCA 2017).
An orderdenying a motion to dismiss based on an arbitration clause is not the same for appellatejurisdiction purposes as an order determining entitlement to arbitration; a party seeking arbitration must file a motion to compel arbitration.Estimable v. Prophete, Case No. 4D16-725 (Fla. 4th DCA 2017).
A “safe harbor letter” under Florida Statute section 57.105 must strictly comply with Florida Rule of Judicial Administration 2.516(b)(1)(E), and requires“(i) the attachment of a copy of thedocument in PDF format, and a link to the document on a websitemaintained by a clerk; (ii) the subject line begin with the words ‘SERVICEOF COURT DOCUMENT’ in all capital letters, followed by the casenumber; and (iii) the body of the e-mail identify the court in which the caseis pending, the case number, the name of the initial party on each side, the title of each document served with that e-mail, and the name and telephone number of the person required to serve the document.’”
