Arbitration

As we head into summer, snow, ice and similar potentially hazardous conditions may be far from your thoughts. Yet, it is never too soon to prepare. Here are a few important tips we all should remember when defending slip-and-fall cases in New York.
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Under Florida Law, “tortious interference with a contract and tortious interference with a business relationship are basically the same cause of action. The only material difference appears to be that in one there is a contract and in the other there is only a business relationship.” Smith v. Ocean State Bank, 335 So. 2d 641, 642 (Fla. 1st DCA 1976) (quoted in St. Johns River Water Mgmt. Dist. v. Fernberg Geological Services, Inc., 784 So. 2d 500, 504 n. 4 (Fla. 5th DCA 2001)). Under both torts, plaintiff must prove, among other things, that defendant’s interference with plaintiff’s contract or business relationship was without justification. See Tamiami Trail Tours, Inc. v. Cotton, 463 So. 2d 1126, 1127 (Fla. 1985); Crawley-Kitzman v. Hernandez, 324 So. 3d 968, 976 (Fla. 3d DCA 2021). Thirty years ago, a Florida court specifically recognized that “[j]ustification is a confusing element, and probably a poorly developed aspect, of this tort.” GNB, Inc. v. United Danco Batteries, 627 So. 2d 492, 494 (Fla. 2d DCA 1993) (Altenbernd, J. dissenting).
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It is often the case that a Plaintiff who suffers a slip-and-fall or trip-and-fall injury names several adjoining property owners as defendants in a lawsuit. This occurs when the Plaintiff is unsure whose property he or she fell on, or is unclear exactly where he or she fell. Faced with this uncertainty, the Plaintiff sues the owners of all the adjoining properties. This is akin to what one does when making spaghetti: throw everything up on the wall and see what sticks. Read More

Arbitral Rules Incorporated Into An Arbitration Agreement May Empower An Arbitrator To Rule On His Or Her Own Jurisdiction

Commercial contracts often include an agreement that the contracting parties will arbitrate disputes that may arise between them in the course of their business dealings. And it is quite common for the arbitration agreement provision to specify which arbitral rules will apply if an arbitration is commenced by either party. For example, the arbitration provision contained in a contract between a business and one if its vendors may specify that the American Arbitration Association’s Commercial Arbitration Rules will apply.
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PHI and PII: When questioning legal requirements to protect data, the answer may depend on venue.

When a patient in Florida provides personally identifiable information (“PII”) and protected health information (“PHI”) to her healthcare provider, is there an implicit agreement between the parties that the provider will safeguard this sensitive information? If litigation over a data breach ensues, the answer may depend on which Florida Federal District Court has venue.
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