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Volume XIX, Issue 2

Jan. 14, 2026

 

Athos Overseas Limited Corp. v. YouTube, Inc., Case No. 23-13156 (11th Cir. 2026).

YouTube qualifies for safe harbor protection under Section 512(c) of the Digital Millennium Copyright Act against copyright infringement claims arising from user-uploaded content.

 

Hill-Becton v. MIA Aesthetics Clinic, LLC, Case No. 3D25-0072 (Fla. 3d DCA 2026).

A party challenging arbitration provisions as being unconscionable must establish both procedural and substantive unconscionability to avoid enforcement of a valid written arbitration agreement.

 

Breedlove v. Gersten, Case No. 3D25-0543 (Fla. 3d DCA 2026).

Rental tenants are not entitled to intervene in a partition action because they possess no direct and immediate interest in a receiver's partition action as their claims were contingent upon obtaining a future judgment and did not constitute a claim to, or lien upon, the property itself.

 

Dean v. 1180 Bimini, LLC, Case No. 4D2024-2963 (Fla. 4th DCA 2026).

An injunction in a boundary dispute fails to comply with Florida Rule of Civil Procedure 1.610(c) if it lacks the requisite specificity regarding the reasons for entry and the acts restrained.

 

NE 32nd Street, LLC v. State of Florida Board of Trustees of the Internal Improvement Trust Fund, Case No. 4D2024-1298 (Fla. 4th DCA 2026).

Florida Statutes section 57.041 mandates an award of costs to the prevailing party who obtains a judgment quieting title.

 

Shriberg v. Florida Flooring, Inc., Case No. 4D2025-0162 (Fla. 4th DCA 2026).

Trustees of a revocable trust possess standing to sue as real parties in interest as Florida Rule of Civil Procedure 1.210(a) permits trustees to sue in their own names without joining the trust as a party.

 

Raj v. Sutherlin, Case No. 4D2024-3333 (Fla. 4th DCA 2026).

The consideration supporting a right of first refusal need not be separately allocated from the underlying contract's purchase price when the addendum granting the right expressly incorporates the purchase agreement.

 

Andersen Service Corporation v. Old Republic Surety Company, Case No. 4D2025-2411, (Fla. 4th DCA 2026).

No valid arbitration agreement exists between a subcontractor and a surety where the lien transfer bond neither contained arbitration language nor incorporated the subcontracts arbitration provision.

 

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Author

Manny Farach

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