Florida Affirmative Defenses and Procedural Objections

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Guides practitioners on the use, pleading, and application of defenses & procedural objections in FL civil cases, surveying common and useful defensive motions and procedural objections made.

Florida Affirmative Defenses and Procedural Objections guides practitioners on the use, pleading, and application of defenses and procedural objections in Florida state civil cases. In particular, the book surveys common and useful defensive motions and procedural objections to be made during the pleading phase of a case. Further, the book examines and discusses various affirmative defenses, including pleading requirements, jury concerns, and notable authority on each defense.

The book provides the practitioner with useful forms for each defense, which are available in MS Word on a CD-ROM so they can be edited to suit the unique facts and circumstances of each case.

More than 50 pages of new material, including more than 130 new citations and authorities. This edition adds new defenses—including vicarious liability, the Faragher/Ellerth vicarious liability defenses, and the voluntary payment document—as well as new analysis and sections on collateral estoppel, condition precedent (e.g., distinguishing conditions precedent to formation of a contract and to enforcement of a contract), statutes of limitation (e.g., the continuing violation and continuing tort doctrines, the relation-back doctrine), and the implied waiver doctrine

Additional Information
Division Name Daily Business Review
Volumes 0
Product Types Books
Brand Daily Business Review (FL)
Publication Date September 29, 2017
Jurisdiction Florida
ISBN 978-1-62881-360-9
Page Count 709
Edition 2018
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Joshua Spector

Joshua Spector is a partner with the intellectual property law firm, Allen, Dyer, Doppelt + Gilchrist, PA. He is a Florida Bar board-certified business litigation lawyer. His practice is focused on commercial litigation and appeals, with a concentration on trade secret, noncompete and restrictive covenant cases. Mr. Spector is a fellow of the Florida Bar Leadership Academy, and was appointed to the Florida Supreme Court’s Standard Jury Instructions Committee for Business and Contract Cases.

Paul Turner

Paul Turner is a partner with the litigation group at Perlman, Bajandas, Yevoli & Albright, P.L. He is a business attorney who focuses his practice in the areas of complex commercial litigation and arbitration. Clients include domestic and foreign entities, high-net worth individuals, and professional athletes. Before joining the firm Mr. Turner served as general counsel for various Florida-based telecommunications companies with over $500MM in annual revenue. He has also handled hundreds of litigation and arbitration matters mainly within Florida but also within Colorado, the District of Columbia, Georgia, New York, Ohio, Texas, Virginia, and Washington. He received his B.A. from the University of Michigan, and his J.D. from the University of Miami School of Law.


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