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Carlton Fields’ Aaron Weiss Authors Law360 Article on Florida Deceptive and Unfair Trade Practices Act Split on Standing

Litigation and Trials   |   July 29, 2020

Carlton Fields attorney Aaron Weiss authored a Law360 article on the topic about the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and its split on standing.

This article is Weiss’ second in a series on the topic of FDUTPA, the first of which was written on the act’s unusual unfairness prong.

The column comments on the confusion in determining what a plaintiff has to do to demonstrate Article III standing for injunctive and declaratory relief.

Weiss writes that both plaintiffs and defendants could benefit from an earlier clarification from the judge in their case on the issue. Litigants could also benefit from a judge granting certification of an interlocutory appeal on the issue pursuant to Title 28 of the U.S. Code, Section 1292(b).

Additionally, Weiss also suggests that attorneys with related cases should closely watch to see if Teggerdine emerges as a possibility to cut through the complicated standing issues in FDUTPA injunctive relief cases.

Read the article.

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