597 Florida cases classified under this topic, plus 344 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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S.D. Fla.·
2024-05-06
The court held that a valid arbitration agreement with a delegation provision requires an arbitrator to determine arbitrability, and the magistrate judge's order affirming this was not clearly erroneous.
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M.D. Fla.·
2024-04-19
The court held that Experian failed to provide sufficient evidence to prove the existence of a binding arbitration agreement with the plaintiff, and therefore denied the motion to compel arbitration.
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Fla. 5th DCA·
2024-04-12
The Florida Fifth District Court of Appeal held that non-signatory trucking companies cannot invoke an arbitration clause to compel arbitration of claims against them, even under the doctrine of equitable estoppel, where the arbitration agreement expressly limits arbitration to d
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M.D. Fla.·
2024-03-22
The Court held that the arbitration agreement was valid and enforceable, and that the plaintiff's claims fell within its scope, thus compelling arbitration.
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M.D. Fla.·
2024-03-15
The court held that the Employment Agreement's merger clause did not supersede the Offer Letter because they covered distinct subject matters, and the arbitration provision in the Employment Agreement was limited to post-employment disputes.
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M.D. Fla.·
2024-03-05
The court held that the defendant's motion to compel arbitration should be denied because the employment agreement's merger clause did not supersede the offer letter, and the arbitration provision was limited to post-employment disputes.
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Fla. 5th DCA·
2024-02-23
The appellate court reversed a trial court's decision that deemed an exculpatory waiver void, finding that the validity of the waiver should have been decided by an arbitrator, not the trial court. The court emphasized that challenges to the contract as a whole, rather than speci
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M.D. Fla.·
2024-02-12
The court held that a party does not waive its right to arbitrate a newly asserted state law claim by litigating a previously asserted federal law claim, as waiver does not extend to previously unasserted claims.
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S.D. Fla.·
2024-02-07
Bernard Gleason sued Ford Motor Credit Company under the Consumer Leasing Act, alleging unlawful lease disclosures. The defendant moved to compel arbitration based on an arbitration clause in the lease agreement. The court granted the motion, finding that the defendant did not wa
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S.D. Fla.·
2024-01-25
The court adopted the Magistrate Judge's Report and Recommendation, granting the defendant's motion to compel arbitration and staying the case.
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M.D. Fla.·
2024-01-04
The court granted the defendants' motion to stay discovery pending a ruling on their motion to compel arbitration.
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S.D. Fla.·
2024-01-04
The court accepted the magistrate judge's report, granting the motion to compel arbitration and dismissing the case without prejudice.
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M.D. Fla.·
2023-12-29
The court held that the defendant did not waive its right to arbitration and that a valid browsewrap agreement containing an enforceable arbitration clause was formed, requiring the plaintiff to arbitrate his claims.
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Fla. 3d DCA·
2023-12-26
The appellate court reversed a lower court's decision to compel arbitration, finding the arbitration agreement unenforceable because it failed to advise the client to seek independent counsel as required by Florida Bar Rule 4-1.5(i). This ruling emphasizes the importance of clien
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M.D. Fla.·
2023-12-15
The court held that Space Coast Credit Union's failure to comply with AAA Consumer Rules constituted a default, preventing it from compelling arbitration, and that the arbitration agreement's terms allowed plaintiffs to pursue litigation in court.
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The court held that Plaintiff is compelled to arbitrate her claims against Experian because she accepted a binding arbitration agreement as part of her credit monitoring service terms of use.
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Fla. 5th DCA·
2023-11-09
A valid written arbitration agreement exists in an employment contract that requires arbitration of disputes regarding the performance or interpretation of the agreement, and employment discrimination and retaliation claims arising from alleged wrongful termination are arbitrable
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S.D. Fla.·
2023-10-10
The court held that an arbitration clause incorporating AAA rules requires an arbitrator, not an AAA administrator, to decide gateway questions of arbitrability, including the application of a protocol.
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M.D. Fla.·
2023-09-27
The court granted the defendant's motion to stay discovery pending resolution of the motion to compel arbitration.
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S.D. Fla.·
2023-09-22
Nexgen Global sought to enforce an arbitration agreement with a customer who purchased car-detailing products online by asserting three theories of contract formation: browsewrap (accessing the website), clickwrap (clicking a button), and double opt-in (confirming an email), but
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The court held that a valid forum selection clause in the Master Services Agreement mandates transfer of the case to the Western District of Wisconsin, as the plaintiff failed to show enforcement would be unfair or unreasonable.
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Fla. 2d DCA·
2023-09-15
The appellate court reversed an order compelling arbitration, finding that the claims brought by the Limited Partners did not fall within the narrow scope of the arbitration clause in the Partnership Agreement. The clause only applied to disputes concerning the meaning or interpr
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M.D. Fla.·
2023-08-29
The court held that a valid arbitration agreement existed and the defendant did not waive its right to arbitrate, thus granting the motion to compel arbitration.
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Fla. 1st DCA·
2023-08-09
The appellate court reversed a trial court's denial of a motion to compel arbitration, finding that a homeowner (Sadie's) was bound by an arbitration clause in a tile manufacturer's (SISIS) warranty agreement with the general contractor (Galvas). The court held that the homeowner
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S.D. Fla.·
2023-06-30
The Court granted the Defendant's motion to stay and compel arbitration because the Plaintiff signed a valid arbitration agreement and failed to respond to the motion.
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The court held that a complaint violating Federal Rules of Civil Procedure 8(a)(2) and 10(b) by failing to provide adequate notice of claims is an impermissible shotgun pleading and must be dismissed.
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S.D. Fla.·
2023-06-16
A party cannot be compelled to arbitrate claims arising from a separate, independent guaranty agreement that does not contain an arbitration clause, even if the underlying contract with a third party contains one, absent clear intent to arbitrate.
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S.D. Fla.·
2023-04-17
The Court adopts the Magistrate Judge's Report and Recommendation in full, granting the defendants' motion to compel arbitration for specific opt-in plaintiffs.
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S.D. Fla.·
2023-02-27
The court adopted the Magistrate Judge's Report and Recommendation, compelling the parties to arbitrate the plaintiff's claims and staying the action pending arbitration.
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Fla. 3d DCA·
2023-02-22
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Fla. 3d DCA·
2023-02-22
When parties execute two separate contracts and one contains an arbitration clause that incorporates by reference the other contract, disputes arising from the non-arbitration contract may be compelled to arbitration if the incorporation is sufficiently clear and unambiguous.
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The court held that most plaintiffs must arbitrate their claims because they entered into valid arbitration agreements, and the FLSA does not override the Federal Arbitration Act's policy favoring arbitration. The court also dismissed the claims of the remaining plaintiffs due to
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The court held that equitable estoppel barred the plaintiff from enforcing the agreement's shorter arbitration appointment timeline, thus validating the defendant's later appointment and requiring arbitration with three arbitrators.
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Fla. 3d DCA·
2023-01-04
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M.D. Fla.·
2022-12-19
The court held that the plaintiff's individual claims are subject to mandatory arbitration because the client agreement contains a broad arbitration clause, and the prior class certification order did not resolve the merits of these individual claims. Defendant did not waive its
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M.D. Fla.·
2022-12-09
The court held that a motion to compel arbitration is a non-dispositive matter and thus reviewed the magistrate judge's order for clear error, finding that Experian waived its right to arbitrate due to substantial participation in litigation.
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S.D. Fla.·
2022-12-05
The court held that the Magistrate Judge's recommendation to appoint an arbitrator under the Federal Arbitration Act should be affirmed and adopted, and the case should remain stayed pending arbitration.
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The court held that a U.S. court in a secondary jurisdiction lacks subject matter jurisdiction to vacate a foreign arbitral award, and that the Panama Convention does not provide a basis for affirmative vacatur petitions under FAA Section 307.
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Fla. 3d DCA·
2022-11-10
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351 So. 3d 102·
Fla. 3d DCA·
2022-10-26
The appellate court affirmed a trial court's order compelling arbitration. The court found that the client's legal malpractice claim against her attorneys was subject to the arbitration clause in their retainer agreement, despite the client's argument that the claim arose from fi
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Fla. 2d DCA·
2022-09-30
Charles Davis appeals a trial court's denial of his motion to compel arbitration regarding Bank of America's counterclaim arising from a disputed $20,000 cashier's check transaction. The court reversed the trial court's denial of the arbitration motion and remanded for entry of a
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S.D. Fla.·
2022-09-15
The court held that while a valid arbitration agreement exists, the plaintiff's complaint fails to state a claim upon which relief can be granted for negligence, intentional infliction of emotional distress, and breach of implied contract.
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The court held that procedural arbitrability issues, such as statute of limitations and laches, are for arbitrators to decide, not the court.
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The court held that procedural issues like the statute of limitations and laches are gateway questions for an arbitrator to decide, not the court.
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S.D. Fla.·
2022-07-22
The court held that an anti-suit injunction is appropriate to prevent a party from pursuing litigation in a foreign forum when they have agreed to arbitrate the dispute, and that the claims are subject to arbitration under the Federal Arbitration Act.
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Fla. 3d DCA·
2022-07-20
Luis Frank Navarro and his law firm appealed a trial court order that granted in part their motion to compel arbitration of claims brought by former partner Tania Varela. The trial court compelled arbitration of breach of contract, accounting, and fraudulent misrepresentation cla
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S.D. Fla.·
2022-06-15
The court held that a valid arbitration agreement existed, requiring the plaintiff's claims to proceed in arbitration on an individual basis.
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S.D. Fla.·
2022-06-03
The court held that the plaintiff manifested unambiguous assent to the arbitration provision within the text terms, and therefore, the motion to compel arbitration is granted.
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S.D. Fla.·
2022-05-26
A motion to compel appraisal must be treated as a motion for summary judgment if it will dispose of claims and defenses, and must comply with summary judgment procedural rules.
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The court ordered the parties to file a statement of their positions on how the case should proceed due to the arbitration deadline passing.