Florida Real Property and Business Law Update
Florida Real Property & Business Litigation Report, Volume 13, Issue 23
GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, Case No. 18–1048 (2020).
Equitable estoppel principles (such as non-signatories being able to compel arbitration of disputes) can be applied in arbitrations conducted under The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention).
Isaiah v. JPMorgan Chase Bank, N.A., Case No. 17-15585 (11th Cir. 2020).
Banks are not responsible under the Florida Uniform Fraudulent Transfer Act (FUFTA) for routine banking transactions that occurred during a Ponzi scheme.
Microf LLC v. Cumbess (In re: Cumbess), Case No. 19-12088 (11th Cir. 2020).
A trustee’s – but not a debtor’s – election to assume a lease elevates an unsecured claim arising out of the lease to an administrative claim.
Diageo Dominicana, S.R.L. v. United Brands, S.A., Case Nos. 3D18-1989 & 3D18-620 (Fla. 3d DCA 2020).
A contracting party does not violate the Implied Duty of Good Faith and Fair Dealing by terminating a distribution agreement in order to enter into a distribution agreement with the terminated party’s competitor when the agreement permitted either party to terminate the agreement and additionally contained a waiver of all implied conditions, representations, and warranties implied by statute or common law that were not expressly included in the agreement.