Perez v. Scottsdale Ins. Co.

5 Citing cases

  1. Dov Schwartzben v. Nat'l Fire & Marine Ins. Co.

    No. 22-20755-CIV-MARTINEZ-BECERRA (S.D. Fla. Sep. 8, 2022)

    Plaintiff has filed an affidavit with this Court in another case representing that he charges $650.00 per hour for his legal services. See Perez v. Scottsdale Ins. Co., No. 19-cv-22761, 2019 U.S. Dist. LEXIS 183757, at *6 (S.D. Fla. Oct. 24, 2019). Accordingly, Plaintiff's counsel would only need to expend approximately 7.5 hours in this case to satisfy the amount-in-controversy requirement.

  2. Technolojoy, LLC v. BHPH Consulting Servs.

    No. 19-23770-CIV-MORENO (S.D. Fla. Mar. 8, 2022)

    Id. Florida's independent tort doctrine "prohibits claims in tort for damages, which are the same as for breach of contract so as to prevent plaintiffs from recovering duplicative damages for the same wrongdoing." Perez v. Scottsdale Ins. Co., No. 19-22761, 2019 WL 5457746, *3 (S.D. Fla. Oct. 24, 2019). The question is whether the allegations supporting the fraud counts are "inextricably intertwined with the alleged breach of contract."

  3. Technolojoy, LLC v. BHPH Consulting Servs.

    No. 19-23770-CIV-MORENO (S.D. Fla. Jul. 21, 2021)

    Florida's independent tort doctrine "prohibits claims in tort for damages, which are the same as for breach of contract so as to prevent plaintiffs from recovering duplicative damages for the same wrongdoing." Perez v. Scottsdale Ins. Co., No. 19-22761, 2019 WL 5457746, *4 (S.D. Fla. Oct. 24, 2019). The question is whether the allegations supporting the fraud counts are "inextricably intertwined with the alleged breach of contract."

  4. Christie v. Royal Caribbean Cruises, Ltd.

    497 F. Supp. 3d 1227 (S.D. Fla. 2020)   Cited 8 times

    Similarly, in Perez v. Scottsdale Ins. Co. , the Court again applied the independent tort rule, noting the rule had recently been reaffirmed by Florida's Third District Court of Appeals. Perez v. Scottsdale Ins. Co. , No. 19-22761-Civ-Scola, 2019 WL 5457746, at *3-4 (S.D. Fla. Oct. 24, 2019). Consistent with the prior practice of the Court, for a plaintiff to state a viable tort claim where that claim is derived from a contractual relationship, the Plaintiff must allege all required elements for its cause of action and state a "recognized duty existing outside of" that contractual relationship.

  5. Perez v. Scottsdale Ins. Co.

    Case No. 19-cv-22346-GAYLES (S.D. Fla. Feb. 7, 2020)

    The Court finds instructive the reasoned analysis of Judge Scola in a virtually identical case involving the same parties in this district. See Perez v. Scottsdale Ins. Co., No. 19-22761-CIV, 2019 WL 5457746 (S.D. Fla. Oct. 24, 2019) ("Perez"). Judge Scola held that (1) Plaintiff's declaratory judgment count is duplicative and an improper use of declaratory judgments; (2) the bad faith claim should be abated as it is premature; (3) the causes of action for negligent misrepresentation, fraudulent inducement, and fraud should be dismissed under the independent tort doctrine, and; (4) the claim for estoppel should be dismissed as estoppel is not a cause of action.