The decisions
- Tess v. Springfield, Inc. (M.D. Fla., September 30, 2026) — M.D. Fla. rejected a 'reverse alter-ego' theory of long-arm jurisdiction and held that a predecessor that left the business in 1992 lacked connexity to a 2017-made product. Read it →
- Holdings JJJ, LLC v. Jamie Rand and Julie Rand, as Trustees of the JLR Family Trust dated July 23, 2007; and Robert James and Lucilene James (2nd DCA, September 18, 2026) — Second DCA indicated that a generic AAA-rules reference may not clearly delegate arbitrability, and held that a clause covering the 'transaction, sale, or closing' reaches beyond contract-only disputes. Read it →
- National Insurance USA Group LLC v. MAPP Digital US, LLC (4th DCA, September 30, 2026) — Fourth DCA held that an accepted offer 'inclusive of' the plaintiff's fees resolves only the plaintiff's fee claim, leaving the defendant free to seek reciprocal fees under section 57.105(7). Read it →
- North Palm Motors, LLC v. Custom Fleet Services, Inc. (4th DCA, September 30, 2026) — Fourth DCA equated FUTSA's 'willful and malicious' standard with common-law punitive malice, held that 'reason to know' liability does not establish it, and cut unjust enrichment by an untraced 15%. Read it →
- Fraser v. Truist Bank (M.D. Fla., September 28, 2026) — M.D. Fla. held that UCC Article 4/4A preempts negligence claims over unauthorized electronic transfers but not in-person cashier's-check conduct, and required plausible pleading of FAPSA 'vulnerable adult' status. Read it →
- James R. Stewart, Jr. v. Universal Property & Casualty Insurance Company (2nd DCA, September 25, 2026) — Second DCA found an abuse of discretion in denying a mistrial after a medical emergency kept the plaintiff from testifying; a concurrence would confine the neglect exclusion to post-loss conduct. Read it →
Plus 15 more business and commercial decisions in September 2026 — all in the tracker.
The practical upshot
- In arbitration clauses, name the specific AAA rule set that expressly delegates arbitrability, and confirm that any rules you invoke actually apply to the contract type.
- When drafting or accepting offers of judgment, state expressly whether every party's fee claims, including reciprocal section 57.105(7) claims, are waived.
- In FUTSA cases, develop separate proof of intent to harm for exemplary damages and fees, and tie unjust enrichment figures to the misappropriated information.
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