Florida Causes of Action

Description

“From a librarian’s perspective, the book provides the perfect answer to so many types of reference questions we hear from litigators, “What are the elements of fraudulent misrepresentation?” “What are the defenses to an action for tortious interference with a contractual relationship?” “Are the elements for negligent hiring the same in all DCAs?” “When can laches be used as an affirmative defense?” “What is laches anyway?” The answers are all here, in a format so convenient and so organized that it warms a librarian’s heart.”

— Liz Chifari, Holland & Knight, SFALL Newsletter

“Any Florida litigator who does NOT have this secret weapon deserves to lose. Great resource; concise and relative to exactly what is needed, with a real perspective of what your mind set needs to be for Discovery, either waging war, or defending it. A MUST-HAVE.”

— J. Michael O’Hara

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 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 essay 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.

REVISION 16 HIGHLIGHTS

The 2022 edition of Florida Causes of Action includes 7 new sample complaints, plus new and updated case law in support of dozens of causes of action, spanning a broad range of legal practice areas. Topics covered include: :

NEGLIGENCE CLAIMS

CONTRACT CASES

BUSINESS/COMMERCIAL CASES

• Account stated – defenses to
• Breach of fiduciary duty
• Civil conspiracy
• Conversion
• Constructive trust

FRAUD

DEFAMATION AND PRIVACY

CONSUMER PROTECTION/DEBT COLLECTION

• FL Deceptive and Unfair Trade Practices Act (FDUTPA)
• Unlawful acts and practices by social media platforms
• Elements and exclusions
• “Deception” must be probable, not merely possible
• Actual reliance not required
• Long-arm jurisdiction
• FL Consumer Collection Practices Act (FCCPA)
• Applies to transactions/obligations that meet the statutory definition of “debt”
• Weight of federal court decisions interpreting FCCPA

TRUSTS AND ESTATES

NEW SAMPLE COMPLAINTS

• Complaint: Negligence_Slip and Fall in a Hotel
• Complaint: Negligence_MVA_Driver and Owner of Motor Vehicle
• Complaint: Negligence_MVA_ Driver and Driver’s Employer
• Complaint: Negligence_MVA_Failure to Yield
• Complaint: Negligence, Negligent Misrepresentation_ Horseback Riding Accident
• Complaint: Negligence, Negligent Misrepresentation, Fraudulent Transfer
• Complaint: Assault, Battery, False Imprisonment, Negligent Retention

AND MORE!

ABBREVIATED TABLE OF CONTENTS

CHAPTER 1 PLEADING IN FLORIDA
CHAPTER 2 NEGLIGENCE CASES
CHAPTER 3 CONTRACT CASES
CHAPTER 4 BUSINESS & COMMERCIAL CASES
CHAPTER 5 WARRANTY CASES
CHAPTER 6 INDEMNITY ACTIONS
CHAPTER 7 EMPLOYMENT CASES
CHAPTER 8 FRAUD
CHAPTER 9 DEFAMATION & PRIVACY
CHAPTER 10 INTENTIONAL TORTS
CHAPTER 11 PROCEDURAL TORTS
CHAPTER 12 PHYSICAL TORTS
CHAPTER 13 REAL PROPERTY ACTIONS
CHAPTER 14 CONSTRUCTION CASES
CHAPTER 15 LIEN CASES
CHAPTER 16 CONSUMER PROTECTION, DEBT COLLECTION CASES
CHAPTER 17 PROCEDURAL REMEDIES
CHAPTER 18 LEGAL THEORIES & DEFENSES
CHAPTER 19 TRUSTS & ESTATES
INDEX

ABOUT THE AUTHOR

Marc A. Wites is the founding shareholder of Wites Law Firm, and he directs the Firm’s practice groups for personal injury, and wrongful death cases, insurance claims, class actions, sexual assault, investor fraud and consumer protection.

Marc has achieved great success for his clients in his core practice areas. This includes multi-million-dollar jury verdicts and settlements in (1) personal injury and wrongful death actions (in cases such as auto and truck crashes, sexual assault and molestation, and slip and falls), (2) the successful prosecution of insurance claims, (3) industry changing class actions that have returned monies to class members and changed the way in which companies do business, and (4) the recovery of investment losses of individuals and families against brokerage firms, banks, investment advisors, and cryptocurrency firms. These victories have been achieved in state and federal trial and appellate courts throughout the country, as well as arbitration proceedings.

Marc is a graduate of The University of Florida Levin College Law, where he served as a board member of The University of Florida Law Review and the Justice Thornal Campbell National Moot Court Board. Marc earned a Bachelor of Business Administration from Stephen M. Ross School of Business at The University of Michigan.

He is admitted to the Florida Bar, the United States District Courts for the Southern and Middle Districts of Florida, the United States Court of Appeals for the Eleventh Circuit, and the United States Supreme Court.

Marc was named as a Florida Super Lawyer in 2009-2022. These honors were the result of voting by members of the Florida Bar. Marc has also achieved a Martindale-Hubbell AV Preeminent Peer Review Rating, awarded to only those lawyers with the highest ethical standards and professional ability.
Marc is the author of The Florida Litigation Guide (www.flalitguide.com), a well-known practice guide used by thousands of lawyers throughout Florida since 2001. The Guide contains a listing of the elements of popular common law causes of action, citations for the most recent state and federal court cases listing the elements of the actions and various defenses to the actions. Tens of thousands of lawyers, from virtually every major Florida law firm, as well as countless practitioners from medium and small firms, solo practitioners and government attorneys, as well as members of the judiciary, have relied on Marc’s publication in Florida litigation matters.

In 2014, Marc issued the first editions of The New York Litigation Guide and The California Litigation Guide. In 2007 Marc became the author of Florida Causes of Action, an annual treatise published by James Publishing. This publication provides a detailed analysis of Florida common law and statutory causes of action. Marc authored The Florida Civil Litigation Handbook: Actions, Defenses and Evidence and Rules, which was published annually by Matthew Bender & Co., Inc. from 1997 through 2000.

Marc also has published several articles, including Reflections at 50 and 25 on the Practice of Law, Daily Business Review, April 24, 2019; Does Copying an In-House Lawyer on Corporate Correspondence Render It Privileged, The Federal Lawyer, March 2014; Do Equine Immunity Acts Provide a False Sense of Security, The Chronicle of the Horse, Vol. LXI, Number 33, August 14, 1998; Back in the Saddle Again: An Analysis of Florida’s Equine Immunity Act, Florida Bar Journal, Volume LXXI, Number 10, November 1997; and The Franchisor as Predator: Encroachment and the Implied Covenant of Good Faith, The University of Florida Journal of Law and Public Policy, Volume VII, Issue 2, Spring 1996.

Marc was born in Queens, New York, and raised in Coral Springs, Florida. He lives in Lighthouse Point with his wife, Jennifer, sons, Asher and Leo, and their dogs, Henry and Tallulah.