Sellers v. Rushmore Loan Management Services, LLC,Case No. 18-11420 (11th Cir. 2019).
Whether the Bankruptcy Code precludes or preemptsFair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., and Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq.claims is a common rather than individualissue, and thus may meet class certification predominance requirements.Yarbrough v. Decatur Housing Authority,Case No. 17-11500 (11th Cir. 2019).
Termination of housing vouchers issued underSection 8 of the Housing Act of 1937, 42 U.S.C. § 1437f requires “some evidence” but not require a “robust substantiveevaluation of the sufficiency of the evidence supporting an administrativedetermination.”Wilcox v. Neville, Case No. 1D18-4057 (1st DCA 2019).
Florida Statute section 768.79(6) requires the “judgment obtained” calculation to include the amount ofany settlement by a co-defendant after the date of service of theoffer on the defendant by which the verdict was reduced.The Prestige Gallery, Inc. v. Napleton, Case No. 1D18-2318 (Fla 1st DCA 2019).
While there is no case law defining what constitutes “nominal damages,” an award of $80,000 as nominal damages is excessive as a matter of law.Hedden Z Oldco, LLC, Case No. 2D18-4584 (Fla. 2d DCA 2019).
The filing of a declaratory judgment action as to one claim does not negate the right to arbitration arising from all claims.Port Royal Property, LLC v. Woodson Electric Solutions, Inc., Case No. 3D19-1397 (Fla. 3d DCA 2019).
The four-part Kinney System, Inc. v. Continental Insurance Co., 674 So. 2d 86 (Fla.1996), test is not to be used for determining venue transfers within Florida.
