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Volume XIX, Issue 17

April 29, 2026

 

Enbridge Energy, LP v. Nessel, Case No. 24-783 (S. Ct. 2026).

The 30-day removal deadline in 28 U.S.C. § 1446(b)(1) is not subject to equitable tolling because the text, structure, and context of the removal statute demonstrate that Congress did not intend such tolling to apply.

 

Virgin v. Frexes, Case Nos. 3D24-1399, 3D24-1400 & 3D24-1402 (Fla. 3d DCA 2026).

A client may discharge a referral attorney at any time, with or without cause and without an express release of joint responsibility, and a referral attorney so discharged is limited to modified quantum meruit for the reasonable value of services rendered before discharge, capped at the maximum contract fee, and so long as the fee is within the scope of the representation agreement.

 

Berman Construction & Development, Inc. v. Carnaval Home, LLC, Case No. 4D2024-2174 (Fla. 4th DCA 2026).

A trial court reversibly errs by refusing to submit a requested verdict-form interrogatory on a contractually based affirmative defense supported by the evidence, such as a risk-of-loss provision allocating loss from perils beyond the contractor's control to the owner.

 

South Dade Dealership, LLC v. Line 5 LLC, Case No. 4D2024-2150 (Fla. 4th DCA 2026).

Notwithstanding overlapping personnel and intercompany financial transactions, piercing the corporate veil under alter ego or mere continuation theories is not supported by competent substantial evidence where the two limited liability companies maintained separate ownership, separate operations, and independent corporate existence.

 

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Author

Manny Farach

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