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REFER A CASE TO ATTORNEY MARC WITES

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Mac Phillips Laundau Phillips, P.A.

When I was a first year litigation associate some 14 years ago, practically every legal issue was one of first impression for me. All assignments I received from the powers that be (the partners for whom I tirelessly toiled) required me to grasp the basic elements of various claims and defenses. Whether I was tasked with drafting pleadings, motions and memoranda or researching nuanced intricacies and obscure legal theories, I spent countless hours trying to get a handle on what was required to allege and prove to sustain or defeat a cause of action. And then I discovered the Florida Litigation Guide. And then life became a little easier.

The Florida Litigation Guide contains all of the elements for the most common (and some not-so-common) claims and defenses recognized by Florida law, and are broken down into simple, easy-to-understand statements. Each claim and defense listed in the Florida Litigation Guide sets forth the leading case law on the subject and brief blurbs of the holdings. As a very careful (read paranoid) lawyer, I always pulled the cases cited in the Guide to confirm their accuracy and continued validity. I never found a single case that was no longer good law or that stood for a different proposition than what was cited.

Now, almost 15 years later, I still regularly consult the Guide and am still regularly led in the right direction. This is a practice tool that should be part of every litigator’s arsenal.

  • 1* Fla. R. Civ. P. 1.110(d), and Other Standard Defenses
  • 2Abuse of Process
  • 3Account Stated
  • 4Accounting
  • 5Assault
  • 6Battery
  • 7Breach: 01. Breach of Contract
  • 8Breach: 02. Breach of Joint Venture Agreement
  • 9Breach: 03. Breach of Promissory Note
  • 10Breach: 04. Breach of Third-Party Beneficiary Contract
  • 11Breach: 05. Breach of Implied in Fact Contract
  • 12Breach: 06. Breach of Implied in Law Contract
  • 13Breach: 07. Breach Implied Covenant of Good Faith & Fair Dealing
  • 14Breach: 08. Breach of Express Warranty
  • 15Breach: 09. Breach of Implied Warranty
  • 16Breach: 10. Breach of Implied Warranty of Fitness for a Particular Purpose
  • 17Breach: 11. Breach of Fiduciary Duty
  • 18Civil Conspiracy
  • 19Contribution – Uniform Contribution Among Tortfeasors Act
  • 20Conversion
  • 21Copyright Infringement
  • 22Declaratory Judgment
  • 23Defamation by Implication
  • 24Defamation Libel
  • 25Defamation Per Se
  • 26Defamation Slander
  • 27Dog Bite Common Law
  • 28Emotional Distress, Intentional Infliction
  • 29Emotional Distress, Negligent Infliction
  • 30Estoppel, Equitable
  • 31Estoppel, Promissory
  • 32False Imprisonment
  • 33Fraud
  • 34Fraud – Constructive
  • 35Fraud – Fraud in the Performance
  • 36Fraud – Fraudulent Inducement
  • 37Fraud – Fraudulent Misrepresentation
  • 38Fraud – Negligent Misrepresentation
  • 39Indemnification
  • 40Injunction Permanent
  • 41Temporary Injunction
  • 42Injurious Falsehood
  • 43Invasion of Privacy
  • 44Invasion of Privacy – Appropriation
  • 45Invasion of Privacy – Intrusion
  • 46Invasion of Privacy – Public Disclosure of Private Facts
  • 47Legal Malpractice
  • 48Loss of Consortium – Child
  • 49Loss of Consortium – Spouse
  • 50Malicious Prosecution
  • 51Money Lent
  • 52Negligence
  • 53Negligence Fall Down
  • 54Negligence Motor Vehicle
  • 55Negligence Stillbirth
  • 56Negligent Destruction of Evidence
  • 57Negligent Retention
  • 58Negligent Security
  • 59Negligent Supervision
  • 60Open Account
  • 61Parental Liability for Tort of Minor
  • 62Quantum Meruit
  • 63Rescission
  • 64Slander of Title
  • 65Specific Performance
  • 66Strict Liability
  • 67Subrogation, Equitable
  • 68Tortious Interference: 1. With Advantageous Business Relationship
  • 69Tortious Interference: 2. With a Contractual Right
  • 70Tortious Interference: 3. With a Dead Body
  • 71Tortious Interference: 4. With the Parent-Child Relationship
  • 72Trade Dress Infringement
  • 73Trusts, Constructive Trust
  • 74Trusts, Resulting Trust
  • 75Unfair Competition
  • 76Unfair Competition – Trade Name, Service Mark and Trade Mark Infringement
  • 77Unjust Enrichment
  • 78Wrongful Death
  • 79Wrongful Interference with Testamentary Expectancy
Florida Litigation Guide
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