Florida Causes of Action

by Marc A. Wites and Arthur L. Berger

Draft Invincible Pleadings

Elements, authorities, circuit variations, defenses, and related issues
 for over 100 causes of action

Pleading mistakes can have a variety of negative consequences, including costly hearings, annoying amendment requests, and even dismissal and potential professional negligence claims.

Now you can eliminate or greatly reduce the risks of these scenarios with Marc A. Wites and Arthur L. Berger’s Florida Causes of Action.  This practical resource saves you from having to dig through opinion after opinion looking for one that lists all the elements of an unfamiliar cause of action.

Over 100 Causes of Action

The book’s causes of action are supported with circuit variations, district-specific authorities, defenses, issues, and references to other texts.  Some of the causes covered are:

Negligence

  • Fall-Down

  • Intentional Infliction of Severe Emotional Distress

  • Legal Malpractice

  • Medical Malpractice

  • Motor Vehicle Negligence

  • Negligence

  • Negligent Infliction of Emotional Distress

  • Negligent Stillbirth

  • Parental Liability for Tort of Minor

  • Wrongful Death

Physical Torts

  • Assault

  • Battery

  • False Imprisonment

Procedural Torts

  • Abuse of Process

  • Malicious Prosecution

  • Vexatious Litigant

Fraud and Negligent Misrepresentation

  • Constructive Fraud

  • Fraud

  • Fraud in the Inducement

  • Fraudulent Misrepresentation

  • Negligent Misrepresentation

Business

  • Agency

  • Alter Ego

  • Antitrust Act Violation

  • Breach of Fiduciary Duty

  • Breach of UCC Warranty

  • Commercial Bribery

  • Common Law Warranty

  • Misleading Advertisement

  • Strict Liability

  • Tortious Interference with Business Relationship

Contracts

  • Breach of Contract

  • Indemnity

  • Promissory Note

  • Rescission

  • Tortious Interference with Contractual Relationship

  • Unconscionability

  • Unjust Enrichment

Defamation and Privacy

  • Defamation

  • Governmental Intrusion

  • Invasion of Privacy

Real Property and Construction

  • Building Code Violation

  • Cancellation of Deed

  • Ejectment

  • Equitable Lien

  • Eviction of Tenant

  • Forcible Entry and Detention

  • Inverse Condemnation

  • Mortgage Foreclosure

  • Prescriptive Easement

  • Replevin

  • Unlicensed Contractors

  • Slander of Title

Withstand motions to dismiss
A motion to dismiss is the thorn in the side of every complaint writer. Even the most meticulous research can leave you shy of one or more of the required pleading elements and vulnerable to procedural attack. Florida Causes of Action helps you avoid the cost, hassle, and risk of a motion to dismiss by providing clear explanations of each element with authorities to help you draft nearly invincible pleadings.

Use elements to fashion a winning discovery plan
Seasoned litigators wisely look to an action’s proof elements to formulate a solid discovery plan, helping to ensure that no point of proof is overlooked. The challenge is determining which elements are required, especially in novel causes of action or emerging fields of law. Florida Causes of Action provides a clear pleading framework for every cause of action to help you form a logical and winning discovery strategy.

Take the guesswork out of responsive pleadings
With Florida Causes of Action’s detailed defenses for most causes of action, and its multi-page sections on duress, estoppel, laches, unconscionability, and waiver, you will never again second-guess the strength of your response. And, Florida Causes of Action helps you detect weaknesses in your opposition’s complaint or cross-complaint. With a clear analysis of every required pleading element, you will be ready to mount your attack, or counsel your client against a needless pleadings challenge.

Included at no extra charge is an intuitive CD, which contains the full text of the book in both Word and in a searchable database. The CD requires no installation before use, and may be searched by key word, case name, topic, or form. Also included on the CD are sample forms that you can open and modify on your preferred word processing program.

Updated annually.  ISBN 0-9710163-1-3.  Book Price: $99

B7

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Related Titles:

Florida Legal Secretary
Florida Pretrial Practice
Florida Trial Objections

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Updated 12/12/07 
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