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Volume XIX, Issue 19

May 13, 2026

 

Great Bowery Inc. v. Consequence Sound LLC, Case No. 24-12482 (11th Cir. 2026).

A copyright infringement plaintiff must prove that it is a legal or beneficial owner of an exclusive right under 17 U.S.C. § 106, and a non-party defendant may contest whether any such exclusive right was actually transferred despite the absence of a dispute between transferor and transferee.

 

Ontario Wound Management, LLC v. Legacy Medical Consultants, L.P., Case No. 3D26-0280 (Fla. 3d DCA 2026).

A party may seek discovery of confidential bank records is permissible when the requested financial information is reasonably calculated to lead to admissible evidence and directly relates to tracing funds placed at issue by the pleadings and defenses.

 

Mineo v. Do, Case No. 4D24-3192 (Fla. 4th DCA 2026).

A homeowner’s association member suing another member under Florida Statute section 720.305 must comply with the derivative action prerequisites in section 617.07401 when the alleged injury is common to all association members rather than personal and distinct.

 

McDowell v. Moore, Case No. 4D23-2783 (Fla. 4th DCA 2026).

A commission provision that leaves essential terms, such as the rate, calculation method, scope of covered sales, and duration of the future agreement, constitutes an unenforceable agreement to agree and cannot support a breach-of-contract claim.

 

Fuller v. HCA Florida JFK North Hospital, Case No. 4D25-1976 (Fla. 4th DCA 2026).

Appellants, including pro se parties, who fail to present coherent arguments, material facts, and supporting authority in their initial brief, abandon those issues and compel affirmance.

 

Pantoja v. Bank of New York Mellon, Case No. 4D24-2894 (Fla. 4th DCA 2026).

Failure to file admitted trial exhibits with the clerk, standing alone and uncoupled from a substantive or procedural challenge, does not provide an independent ground for appellate relief because it constitutes at most a correctable clerical omission.

 

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Manny Farach

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