Florida/Georgia Personal Injury & Workers Compensation

...t inducement claims, by holding a release of a fraudulent inducement claim must be done with specificity. See E.I. DuPont De Nemours & Co. v. Florida Evergreen Foliage, 744 A.2d 457 (Del.1999). [6] Choice-of-law provisions are authorized by statute. Section 671.105(1), Florida Statutes (1999), provides: "[W]hen a transaction bears a reasonable relation to this state and also to another state or nation, the parties may agree that the law either of this state or of such other state or nation shall...

...m two different perspectives. First, the breach of warranty claims founded on the sale of goods must be governed by Florida's adoption of the Uniform Commercial Code. The appropriate choice of law statute then in the sale of goods is Florida Statute Section 671.105 (1992)....

...lorida as to the Statute of Limitations. Therefore, the law of the forum to which the "FRT" plywood was delivered is to be applied to the statute of limitations issue. The second perspective required of this Court is that dictated by Florida Statute Section 671.105 (1992) that absent an express choice of law provision, the sale of goods transaction is to be governed by the state bearing an "appropriate relation" to the transaction. Official comment 2 states that "the mere fact that a suit is brought in a state does not make it appropriate to apply the substantive law of that state." Florida Statute Section 671.105 (1992)....

...Michigan law permits the parties to a contract to designate a limitation period within which a lawsuit must be brought, even though shorter than any otherwise applicable statute of limitations, so long as they do not establish a time period of less than one year. Mich. Comp. Laws. § 440.2725 (1970). Section 671.105(1), Florida Statutes (1975), provides as follows: [W]hen a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties....

...Fundora, 343 So.2d 71 (Fla. 3d DCA 1977). With respect to commercial transactions, the legislature has specifically authorized contracting parties to agree that the laws of another state having a reasonable relation to the transaction may govern their rights and duties. § 671.105, Fla....

contravenes a strong public policy of Florida. See § 671.105, Fla. Stat. (2011). This Court’s precedent provides

...Based on the parties' agreement, as evidenced by paragraph 15 of the Owner Participation Agreement which is Lykes' Exhibit A, this Court is satisfied that the laws of the State of New York shall apply to construe the Blue Water transaction, especially since section 671.105 of the Florida Statutes (1995) recognizes the parties' right to determine the choice of law....

...*584 (1975). The Code provides: "[W]hen a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties." § 671.105(1), Fla....

...This provision was originally included in Florida's Uniform Commercial Code, see Ch. 65-254, § 1, Laws of Fla., but was subsequently repealed. Ch. 74-382, Laws of Fla. [3] Although we observe that the Uniform Commercial Code version of the party autonomy rule, as embodied in Section 671.105(1), lacks a reference to the public policy exception, at least one other court has read the exception into the Code provision....

...1477 (1941), the Court must apply the choice of law rules of the state in which it sits when jurisdiction is based upon diversity of the parties. Florida's enactment of the UCC gives effect to choice of law provisions contained in contracts. See Fla. Stat. § 671.105(1) ("when a transaction bears a reasonable relation to this state and also another state or nation, the parties may agree that the law either of this state or such other state or nation will govern their rights and duties")....

...parties' agreement for the sale of F245. In the absence of a binding choice of law provision, Florida's version of the UCC directs that it shall apply when the transaction at issue bears "an appropriate relation" to the State of Florida. Fla. Stat. § 671.105(1)....

...[3] Neither party disputes that this controversy arises from a sale of goods between merchants, subjecting it to the provisions of Article Two of the UCC. [4] See generally James J. White & Robert S. Summers, Uniform Commercial Code, § 3 (3d ed.1988) (hereinafter "White & Summers"). [5] Section 671.105 is Florida's codification of UCC § 1-105....

...[6] The Court notes that both the In re Masonite Corp. Hardboard Siding Prods. Liability Litigation court and the Pulte Home Corp. court seem to have conflated, to some extent, Florida's traditional, common law choice of law rules with the distinct choice of law rule codified in Fla. Stat. § 671.105(1), which is applicable to sales of goods....

...t inducement claims, by holding a release of a fraudulent inducement claim must be done with specificity. See E.I. DuPont De Nemours & Co. v. Florida Evergreen Foliage, 744 A. 2d 457 (Del. 1999). 6 Choice-of-law provisions are authorized by statute. Section 671.105(1), Florida Statutes (1999), provides: "[W]hen a transaction bears a reasonable relation to this state and also to another state or nation, the parties may agree that the law either of this state or of such other state or nation shall...

...sed to resolve the conflicts problem. Before discussing this further, however, it may be useful to generally review the conflicts law of Florida, the forum state. The Uniform Commercial Code, as adopted in Florida, contains choice of law provisions. Section 671.105(1), Florida Statutes, (UCC 1-105) provides: Except as provided hereafter in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties....

...Pursuant to Bankruptcy Rule 921(a), a Final Judgment incorporating these Findings and Conclusions is being entered this date. NOTES [1] There is only one security agreement at issue, although identical security agreements were executed in two corporate names. [2] Pursuant to § 671.105, "the law" referred to here includes the choice of law rules, but if the collateral is located in jurisdictions such as Florida, where UCC 1-105 has been adopted, 1-105 is presumably the choice of law rule, and that refers once again to 9-103....

...a. In Florida, parties are free to agree upon the law that governs construction of a contract or disputes arising from a contract as long as the transaction embodied in the agreement bears some reasonable relation to the state chosen. See FLA. STAT. § 671.105 (2000); see also Citi-Lease Co....

...*1284 The parties agreed in the 2003 Group Compensation Agreement, "This is an Iowa contract and will be construed in accordance with the laws of the State of Iowa." Accordingly, Iowa law governs the breach of contract claim insofar as it arises under the 2003 Group Compensation Agreement. See Fla. Stat. § 671.105(1); Mazzoni Farms, Inc....

...under the laws of Florida, or maintain a place of business in Florida; (6) not be “[f]or labor or employment” or relate to any transaction for “personal, family, or household purposes”; and (7) if applicable, not conflict with section 671.105(2) or section 655.55. §§ 685.101(1), (2), 685.102(1), Fla....

...The statutory codes of both Florida and New Jersey provide that parties to a transaction may stipulate to the governing law. In the present case, the contract specifically provides that its terms are to be construed and enforced according to New Jersey law. See Fla.Stat. § 671.105; N.J.Rev....

...llow a statutory directive of its own state on choice of law.” Restatement (Second) of Conflict of Laws § 6(1) (1971). Florida’s UCC provides that “this code applies to transactions bearing an appropriate relation to this state.” Fla. Stat. § 671.105 (1)....

...further proceedings were to take place in a New York forum. Further, while the forum selection and arbitration issues presented questions of law, the choice-of-law issue presented not only a question of law, but questions of fact as well, see, e.g., § 671.105(1), Fla....

...inducement claims, by holding a release of a fraudulent inducement claim must be done with specificity. See E.I. DuPont De Nemours & Co. v. Florida Evergreen Foliage, 744 A.2d 457 (Del.1999). . Choice-of-law provisions are authorized by statute. Section 671.105(1), Florida Statutes (1999), provides: "[W]hen a transaction bears a reasonable relation to this state and also to another state or nation, the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties.” ....