The Florida 4th District Court of Appeal has affirmed a lower court’s dismissal with prejudice of unfair trade practice claims against Lewis & Lin’s client, a leading digital marketing technology company.
The plaintiff had filed an action for violation of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), seeking unspecified damages as well as declaratory and injunctive relief.
In the trial court, Lewis & Lin filed a Motion to Dismiss, arguing that the case belonged in arbitration pursuant to a mandatory arbitration clause in an unsigned licensing agreement. The court agreed with Lewis & Lin’s position, ruling that under Florida precedent, arbitration clauses can be enforced even when they are part of an unsigned agreement if the parties performed under the terms of the contract.
On appeal, plaintiff argued that the trial court erred by not holding an evidentiary hearing, that the FDUPTA claim was not governed by the licensing agreement, and that the arbitration clause was unenforceable as to its claims. Lewis & Lin argued that the trial court did not commit error, that the plaintiff’s claims were properly within the scope of plaintiff’s obligation to arbitrate, and that plaintiff had waived any right it may have had to litigate.
In a one-word per curiam decision, Judges Stevenson, May and Gerber affirmed the decision of the trial court, setting in place Lewis & Lin’s victory for our client.