M.P. v. Guiribitey Cosmetic & Beauty Institute, Inc.
A cosmetic surgery patient who found nude images of herself posted on Instagram sued for commercial appropriation, breach of fiduciary duty, and invasion of privacy; the trial court compelled arbitration and dismissed. The Third DCA affirmed the order compelling arbitration duduress/unconscionability defenses failed and the tort claims had a contractual nexus to the broad clause ebut reversed the dismissal, holding that section 682.03(7) requires a stay rather than dismissal.
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