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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Fla. 3d DCA·
2022-05-11
Amersham Enterprises and related entities appealed a trial court's order denying their motion to compel arbitration. The court denied the motion based in part on the appellants' failure to purge contempt of court for violating a prior injunction. The appellate court affirmed, hol
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M.D. Fla.·
2022-05-10
The court held that the defendants, as non-signatories, could enforce the arbitration clause through assumption and agency, and that the plaintiffs' claims fell within the scope of the clause, and that the defendants had not waived their right to arbitrate.
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Fla. 5th DCA·
2022-05-06
A party seeking to enforce an arbitration agreement bears the burden of establishing the existence of an enforceable agreement, and when a motion to compel arbitration is submitted without affidavits and with only sample purchase agreements, the party fails to meet this burden if
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Fla. 2d DCA·
2022-04-27
The appellate court reversed a trial court's denial of motions to compel arbitration, finding that while some provisions of the arbitration agreement were unconscionable, they were severable. The court held that the remaining provisions allowed for arbitration, preserving the par
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Under New York law and AAA rules incorporated in the parties' arbitration agreement, a party may proceed to ex parte arbitration without first obtaining a court order compelling arbitration when the non-participating party has refused the demand to arbitrate.
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The appellate court treated an appeal from a trial court's order compelling arbitration under civil procedure rules as a motion to enforce its prior mandate. The court granted the motion, finding the trial court's order contravened the prior mandate which had affirmed an order co
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The appellate court affirmed the trial court's decision, finding no agreement to arbitrate between the parties. The court held that an arbitration clause in an employment agreement did not bind non-signatory entities in separate operating agreements.
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This case involves an appeal concerning whether non-signatories to an employment agreement containing an arbitration clause can be compelled to arbitrate disputes arising from separate operating agreements. The appellate court affirmed the trial court's decision, finding no valid
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337 So. 3d 862·
Fla. 3d DCA·
2022-02-16
Michael Ridard and his entities appealed orders granting judicial relief to Massa Investment Group and related entities and denying motions to compel arbitration. The court affirmed, holding that no valid agreement to arbitrate existed between the parties because the nonsignatory
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The Court found that diversity jurisdiction existed at the commencement of the action and adopted the Magistrate Judge's recommendation.
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S.D. Fla.·
2022-01-31
The court granted the defendants' motions to stay the case pending their appeal.
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S.D. Fla.·
2022-01-20
The court held that an arbitration agreement added to an employee retirement plan via unilateral amendment is enforceable, even if it waives class-wide remedies, because the claims belong to the plan and the plan itself consented to arbitration.
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S.D. Fla.·
2022-01-17
The court held that the website's clickwrap design created a binding arbitration agreement, and any disputes regarding the defendant's status as a party are for the arbitrator to decide.
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336 So. 3d 735·
Fla. 4th DCA·
2022-01-05
The appellate court reversed a trial court's decision that denied a nursing home's motion to compel arbitration. The court found that the arbitration agreement was valid and enforceable, and that the Federal Arbitration Act (FAA) applied, not the Florida Arbitration Code.
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Fla. 3d DCA·
2021-12-22
When a homeowners association sues in its representative capacity on behalf of members regarding matters of common interest, it is bound by arbitration agreements that the individual members signed with the developer. The arbitration provision in this case was enforceable against
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M.D. Fla.·
2021-12-17
The court held that the parties' subcontract clearly and unmistakably delegated the issue of arbitrability to the arbitrator, based on the incorporation of AAA rules.
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Metra Electronics appeals a trial court order compelling arbitration of a royalty payment dispute with AAMP arising from a patent licensing settlement agreement. The court reversed, holding that because the settlement agreement lacked an explicit no-contest clause prohibiting pat
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The court granted the motion to dismiss, finding it lacked subject matter jurisdiction and that the claims were barred by res judicata.
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M.D. Fla.·
2021-10-21
The court held that an evidentiary hearing is required to determine if the parties entered into a valid arbitration agreement because genuine issues of material fact remain regarding the plaintiff's signature.
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The court adopted the Magistrate Judge's recommendation to compel arbitration and stay the case pending arbitration proceedings.
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The Court granted the motion to compel arbitration, finding the arbitration agreement valid and enforceable after severing an impermissible attorney's fees provision.
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S.D. Fla.·
2021-09-30
The court held that a binding arbitration agreement compelled arbitration of the dispute, and therefore, the court lacked jurisdiction to hear the case.
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The court held that the contract's purported waiver of tribal sovereign immunity was too ambiguous to be effective, thus granting the tribe's motion to dismiss.
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327 So. 3d 369·
Fla. 1st DCA·
2021-08-23
The appellate court affirmed a trial court's decision to compel arbitration, ruling that prohibitive costs cannot serve as a standalone defense to an arbitration agreement under Florida law. The court also held that the arbitration agreement did not violate public policy, as it d
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M.D. Fla.·
2021-08-13
The court held that venue is properly transferred to the Middle District of Florida because the convenience of the parties and witnesses, and the interests of justice, weigh in favor of transfer, despite the plaintiff's initial choice of forum.
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M.D. Fla.·
2021-08-09
The court held that the parties' collective bargaining agreement requires arbitration of disputes concerning procedural arbitrability, and thus the Union's grievance must proceed to arbitration.
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M.D. Fla.·
2021-08-09
The court held that the parties agreed to arbitrate whether a grievance complied with the procedural requirements of the CBA, and thus, the hospital's refusal to arbitrate based on alleged procedural deficiencies was a matter for the arbitrator to decide.
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M.D. Fla.·
2021-07-23
The court adopted the Magistrate Judge's recommendation to compel arbitration of the plaintiff's claims, denying the motion to dismiss but granting a stay pending arbitration.
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Del. Ch.·
2021-07-21
The Court of Chancery held that the parties' Employment Agreement clearly and unmistakably delegated the issue of substantive arbitrability to an arbitrator. The court found that the incorporation of the American Arbitration Association (AAA) rules, which empower arbitrators to d
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S.D. Fla.·
2021-07-09
The Court held that all claims, including those seeking injunctive relief, are subject to binding arbitration as per the parties' agreement, and therefore, the case is stayed pending arbitration.
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Fla. 4th DCA·
2021-06-16
The appellate court reversed trial court orders that denied motions to compel arbitration. The court found that the trial court improperly decided an issue that was delegated to the arbitrator by the arbitration agreement's incorporation of specific rules.
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Fla. 4th DCA·
2021-06-16
This case involves consolidated appeals concerning orders that denied motions to compel arbitration. The appellate court reversed the lower court's decisions, finding that the trial court overstepped its authority by deciding an issue that was delegated to the arbitrator.
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Fla. 1st DCA·
2021-06-10
The appellate court reversed a trial court's order compelling arbitration, finding that the trial court erred by failing to determine the existence of a valid arbitration agreement with one of the appellees. The court emphasized that it is the trial court's responsibility to deci
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M.D. Fla.·
2021-06-01
The court held that the parties' arbitration agreement was valid and enforceable, thus compelling arbitration and staying the proceedings.
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The court adopted the magistrate judge's recommendation to grant the motion to dismiss the petition to compel arbitration.
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M.D. Fla.·
2021-04-27
The court held that a non-signatory defendant cannot compel arbitration under an agreement to which it is not a party, and that the plaintiff sufficiently pleaded claims for tortious interference and trade secret misappropriation but not for false advertising.
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M.D. Fla.·
2021-04-26
The Court held that the arbitration agreement signed during onboarding was valid and enforceable, and was not superseded by a later employment agreement.
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S.D. Fla.·
2021-04-21
The court adopted the Magistrate Judge's recommendation to deny the motion to compel arbitration and dismiss/stay proceedings.
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M.D. Fla.·
2021-04-16
The Court granted the joint motion to vacate its prior opinion affirming the bankruptcy court's order, finding that the parties' settlement agreement and the public interest in conserving judicial resources outweighed the value of preserving the precedent.
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Fla. 4th DCA·
2021-03-24
A trial court errs in denying a motion to compel arbitration when the parties have agreed to arbitrate their disputes.
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M.D. Fla.·
2021-03-20
The court granted the motion to compel arbitration, finding that the plaintiffs entered into a valid and enforceable arbitration agreement through the electronic onboarding process.
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S.D. Fla.·
2021-03-15
A non-signatory airline can enforce an arbitration clause in an online travel agency's terms of use if the airline is an intended third-party beneficiary and the claims fall within the scope of the clause.
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The court held that Plaintiff Lubin, who did not sign an arbitration agreement, cannot be compelled to arbitrate his statutory claims, as they are not based on his wife's employment contract or any agreement he entered into.
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M.D. Fla.·
2021-03-04
The court held that the plaintiff's claims against the Secretary of Defense were dismissed due to sovereign immunity and the judicial review bar for security clearance decisions, and that the plaintiff's claims against Perspecta were subject to arbitration under a prior agreement
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S.D. Fla.·
2021-02-22
The court held that a venue clause in an employment offer letter does not conflict with a subsequent arbitration agreement, and therefore the motion to compel arbitration is granted.
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M.D. Fla.·
2021-02-12
The court held that exotic dancers are employees under the Fair Labor Standards Act (FLSA) based on the economic reality test, despite contractual labels to the contrary.
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S.D. Fla.·
2021-01-20
The court held that a valid arbitration agreement was formed, as the plaintiff electronically signed the dispute resolution agreement and hand-signed the acknowledgment form, reflecting his agreement to arbitrate.
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Fla. 4th DCA·
2021-01-06
A trial court reviewing a motion to compel arbitration must determine as a threshold issue whether non-signatories to arbitration agreements are bound by those agreements under contract law principles, including joint venture and third-party beneficiary theories. Questions of con
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M.D. Fla.·
2021-01-06
The court held that the plaintiffs' racial discrimination claims are subject to arbitration under the broad arbitration clauses in their agreements with Voya Financial Advisors, Inc.
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S.D. Fla.·
2020-12-17
The court held that the 2018 amendment to the lease agreement nullified the original arbitration clause, thus no valid agreement to arbitrate existed for the current dispute.