Outokumpu Stainless USA, LLC, v. Converteam SAS, Case No. 17-10944 (11th Cir. 2018).
District courts must conduct a bifurcated analysis when presented with questions of arbitrability on a case removed to federal court under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards: the court must first conduct a limited inquiry on the face of the pleadings and the removal notice to determine whether the suit “relates to” an arbitration agreement falling under the Convention, and upon motion to remand, must conduct a more rigorous analysis to determine whether the parties entered into or are bound by the agreement pursuant to the Convention.
Crapo v. Academy For Five Element Acupuncture, Inc., Case No. 1D17-1895 (Fla. 1st DCA 2018).
The principle that “each tax year’s assessment must stand or fall on its own validity,” i.e., that tax exemption status is determined each year, does not apply when a landowner has successfully litigated against the tax collector as to its educational tax exemption in the past and nothing has changed factually or legally with regard to the landowner.
Holiday Isle Improvement Association, Inc. v. Destin Parcel 160, LLC, Case No. 1D17-2090 (Fla. 1st DCA 2018).
It is an unreasonable interpretation of restrictive covenants to require a landowner to submit incomplete or non-final plans on which the landowner is not prepared to proceed.