Business Law Section Blog

Oct 22nd, 2018

Navigating Proposals for Settlement When a Complaint Seeks Monetary & Non-Monetary Relief

As most Florida litigators are aware, prevailing party fees are only recoverable when there is a statutory or contractual basis for those fees.  A tactful litigator will often consider serving a proposal for settlement—also referred to as an “offer of judgment” or “demand for judgment”—under Florida Rule of Civil Procedure 1.442 and section 768.79, Florida Statutes, to position his or her client to recover prevailing party attorneys’ fees.  However, Florida law is unsettled on if a proposal for settlement can be used when a complaint includes claims for equitable or declaratory relief (non-monetary relief) and claims for breach of contract or tortious interference (monetary relief).

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Sep 28th, 2018

You Can’t Escape Death and Taxes: Florida Tribal Casino Gaming Revenues Are Taxable

The U.S. Court of Appeals for the Eleventh Circuit has affirmed a trial judge’s holding that members of the Miccosukee Tribe of Indians of Florida (“Tribe”) must pay federal taxes on gaming revenues. The Tribe had been distributing money to its members on a per capita basis but after the release of this decision, those distributions will now have to be taxed accordingly. The Indian Gaming Revenue Act of 1988 allows Indian tribes to engage in gaming and to distribute the revenue from those activities to its members on a per capita basis.

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