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Federal courts are courts of limited jurisdiction, meaning that
those courts have more stringent rules for plaintiffs to follow in
order to get in the door and stay there. One critical element is
the plaintiff s standing - specifically, whether the plaintiff
suffered harm resulting from the defendant s conduct. The
Eleventh Circuit (federal courts in Florida, Georgia, and Alabama)
has a more limited view on standing under the Telephone Consumer
Protection Act ( TCPA ). One recent decision from the
Southern District of Florida captures that limited take on TCPA
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For purposes of determining contract interpretation, Florida
courts apply the
lex loci contractus choice-of-law rule.
The Supreme Court of Florida observed that
lex loci
contractus is an inflexible rule that exists to ensure stability in contract arrangements. Under
lex loci contractus, a contract (other than one for the
performance of services) is governed by the law of the state in
which the contract is made, i.e., where the last act necessary to
complete the contract is done. But what s the last
act? That s a good question to which the courts have
failed to provide a clear answer.
According to the Eleventh Circuit Court of Appeals, the
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On February 22, 2021, the United States Supreme Court declined to resolve a circuit split regarding the proper standard under which False Claims Act (“FCA”) claims in the medical.