Carlton Fields Shareholder Aaron Weiss authored a Law360 article about the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and damages in improper fees cases.
Lawyers litigating FDUTPA cases involving improper fees could be easily confused, considering that there is contrary case law on this class of cases.
Weiss writes that for FDUTPA, the “nothing at all” framework will not work for defendants, though they could attempt an argument that parcels out the portion of the questioned fee that is a profit for defendants.
The column continues Weiss’ series, following previously published pieces on FDUTPA’s forum selection clause, split on standing, and unfairness prong.
Read the article.