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Fla. Court Revives Suit Over Copycat Commercial Data Center
Law360, Miami (December 16, 2020, 6:45 PM EST) A Florida appeals court on Wednesday revived part of data services company Digiport Inc. s lawsuit accusing a real estate development company of using trade secrets to build a data center in Miami, ruling that the question of whether Digiport s business concept is a trade secret should go to a jury.
Florida s Third District Court of Appeal said there is a factual issue with regard to Digiport s claim under the Florida Uniform Trade Secrets Act against real estate company Foram Development BFC LLC, which Digiport says built a centralized tenant data center in its commercial office building that was exactly like the.
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The standard of review on a Motion for Summary Judgment is clear in Florida: “Summary judgment is proper if there is no genuine issue of material fact and if the moving party is entitled to a judgment as a matter of law.”[1] In a summary judgment hearing, the court can only look at the record evidence and determine if the evidence shows any material dispute. The judge cannot weigh the evidence in making this determination. In practice, this has meant that simply filing an affidavit in opposition to summary judgment,
Florida Courts Clarify Role of Appraisal in Coverage Claim Disputes By Kimberly K. Berman | December 10, 2020
For first party property claims, lengthy and costly litigation is not always the only mechanism for resolving a dispute. Most homeowner’s policies include detailed terms and conditions for parties to undergo appraisal when there is a dispute over the amount of loss.
Appraisal is mandatory when properly demanded by an insured or the insurer. Yet, parties in Florida are often confused as to whether all coverage issues need to be resolved by a trial court before compelling appraisal or if they can proceed straight to appraisal while preserving any challenges to coverage. Part of this confusion may stem from Florida appellate courts’ competing approaches on whether a trial court must always resolve coverage issues before compelling appraisal where the insurer denies coverage.
What Constitutes a Product under the Economic Loss Rule
The Economic Loss Rule limits a defendant’s tort liability for defective products to injuries caused to persons or damage caused to property
other than the defective product itself. The Economic Loss Rule has been used to exclude tort liability for damages to the constructed product.
However, what constitutes a product? Florida’s Third District Court of Appeal recently answered this question in
2711 Hollywood Beach Condo. Ass’n, Inc. v. TRG Holiday, Ltd., 45 Fla. L. Weekly D2179 (Fla. 3d DCA Sept. 16, 2020). In
2711 Hollywood Beach Condo. Ass’n, Inc., a condominium association sued Nibco, a company that supplied fire sprinkler fittings, for water damage stemming from a leak in the fire sprinkler system. Nibco filed a Motion for Summary Judgment on the association’s negligence claim under the Economic Loss Rule, arguing the sprinkler fittings were an integral part of the building, barring the a