Williams v. First Advantage LNS Screening Solutions Inc. Case No. 17-11447 (11th Cir. 2020).
Whether ina civil or criminal proceeding, the Due Process Clause requires that adefendant be put on fair notice of the severity of the punitive damages awarded andacivil defendant has not receivedfair notice (and the award is unconstitutional)when the award is grossly excessive in relation to the relevant state interest prohibiting the particular conduct at issue. The “guideposts” to determine whether notice is imputed to a civil defendant are, first and most importantly, the degree ofreprehensibility of the defendant’s conduct, and second, the disparity between theharm or potential harm suffered by the plaintiff and the punitive damages award.Berlin v. State of Florida Department of Transportation, Case No. 4D18-3057 (Fla. 4th DCA 2020).
Whether attorney’s fees are awardable for counsel obtaining non-monetary benefits in a condemnation action is an evidentiary question.Ghani v. Deutsche Bank National Trust Company, Case No. 4D19-18 (Fla. 4th DCA 2020).
Mailing of a breach letteris proven by producing additional evidence such as personal knowledge if relying on routine business practices, an affidavit swearing that the letter was mailed, or a return receipt from the letter; boarding information alone is insufficient.Picture It Sold Photography, LLC v. Bunkelman, Case No. 4D19-1427 (Fla. 4th DCA 2020).
A contractor that breaches a restrictive covenant with his former employer cannot defend on the basis that customers would not hire the former employer anyway.Nationstar Mortgage, LLC McDaniel, Case No. 5D19-1070 (Fla. 5th DCA 2020).
Florida Rule of Civil Procedure 1.130 does not require a foreclosing servicerto attach the servicing agreement to the complaint, only the note and mortgage need be attached.
