Fulton v. Fulton County Board of Commissioners, Case No. 22-12041 (11th Cir. 2025).
Where no adequate statutory or state-law remedy exists, the Takings Clause of the Fifth and Fourteenth Amendments provides a direct cause of action independent of 42 U.S.C. § 1983 against local governments for "just compensation."
Glynn Environmental Coalition, Inc. v. Sea Island Acquisition, LLC, Case No. 24-10710 (11th Cir. 2025).
Landowners do not waive jurisdictional arguments in citizen enforcement actions when they accept a Corps nationwide permit under a preliminary jurisdictional determination. Additionally, a citizen-suit under the Clean Water Act must sufficiently plead that the wetlands in question maintain a continuous surface connection to waters of the United States pursuant to the dictates of Sackett v. EPA, 143 S. Ct. 1322 (2023).
Pop v. LuliFama.com LLC, Case No. 24-11048 (11th Cir. 2025).
FDUTPA claims that sound in fraud must comply with Rule 9(b), and accordingly, plaintiffs must plead with particularity the alleged deceptive conduct by social media influencers to state a FDUTPA cause of action.
Leavitt Recreation & Hospitality Insurance, Inc. v. Florida Caverns R.V. Resort, LLC, Case No. 1D2023-2119 (Fla. 1st DCA 2025).
Summary judgment cannot be granted in a negligent procurement of insurance case when there are material facts in dispute, including when the record demonstrates the insurance broker's own agent testified that power-station coverage was available for the policy at issue.
Hanniford v. United Services Automobile Association, Case No. 1D2024-0196 (Fla. 1st DCA 2025).
A law firm's failure to timely file a motion for trial de novo following non-binding arbitration constitutes attorney misfeasance rather than excusable neglect when the two attorneys of the firm chose inaction despite receiving communications from opposing counsel about the arbitration award and failed to update the court's e-filing portal or check the court docket.
McPherson v. Samuel, Case No. 4D2023-2613 (Fla. 4th DCA 2025).
Courts determine appellate fee awards based on whether the appellant prevailed on the significant issues litigated on appeal, not whether the appellant ultimately prevailed after completing all litigation, and accordingly, an appellant who prevails on the significant issue of denial of due process is entitled to appellate costs even when a temporary injunction remains in place following reversal.
Delta Air Lines, Inc. v. Iuliano, Case No. 4D2025-0576 (Fla. 4th DCA 2025).
Federal law does not preempt a plaintiff's suit seeking enforcement of federal security fee regulations against an airline under 49 U.S.C. § 41713(b)(1) when the flight contract's choice of law provision merely designates the governing jurisdiction rather than explicitly adopting federal regulations, and as a result, does not comply with the requirements of the Am. Airlines v. Wolens, 513 U.S. 219, exception to federal preemption.
US Bank National Association v. Estate of Zayas, Case No. 5D2024-2160 (Fla. 5th DCA 2025).
Trial courts lack case jurisdiction to issue post-judgment orders on topics not specifically reserved in the final judgment such that a general reservation of jurisdiction "to enter further orders that are proper" is insufficient retention of case or procedural jurisdiction for specific matters not explicitly listed.
16205 Captiva Drive, LLC v. Levinson, Case No. 6D2023-0552 (Fla. 6th DCA 2025).
A genuine dispute of material fact precludes summary judgment terminating easements when a party's evidence shows multiple official addresses for the defendant LLC and the sole managing member testifies he did not receive the payment demand because the sender failed to include "attention Colm Lanigan" in the demand sent to the Abu Dhabi address.
