New Prime Inc. v. Oliveira, Case No. 17–340 (2019).
Certain transportation workers are exempt from the reach of the Federal Arbitration Act, and accordingly, arbitration cannot be compelled for those workers even when an arbitration agreement exists which contains a delegation provision.Saccullo v. United States of America, Case No. 17-14546 (11th Cir. 2019).
The curative provisions of Florida Statute section 95.231 (certain defects in deeds, including not having sufficient witnesses, are cured after 5 years) apply and vest a technically incorrect deed in the grantee after the statutory period; UnitedStates v. Summerlin, 310 U.S. 414, 416 (1940)(statutes of limitation are not enforceable against a sovereign) is not applicable as the deed vested before the claim of the U.S. vested.1385 Starkey, LLC v. Superior Fence & Rail of Pinellas County, Inc., Case No. 2D15-5579 (Fla. 2d DCA 2019).
A motion for continuance of trial to allow an insolvent company to reinstate should be granted; the court does not rule whether an insolvent corporation may proceed to trial under the province of the “winding up affairs” provision of Florida Statute section 605.0709.Haggin v. Allstate Investments, Inc., Case No. 4D18-568 (Fla. 4th DCA 2019).
A guarantee of a lease that is not a continuing guarantee only applies to the original term of the lease, notwithstanding a provision of the guarantee that the parties “agree[d] that this guaranteeshall remain for the renewal, modification, extension or waiver of thisLease.”
