The US District Court for the Southern District of Florida rules that corporate-competitor plaintiffs may recover lost profits under the Florida Deceptive and Unfair Trade Practices Act (Tymar Distribution / Mitchell Group)

Southern District of Florida Finds Lost Profits Recoverable for Corporate-Competitor Plaintiffs Under FDUTPA The Chief Judge of the Southern District of Florida has ruled that corporate-competitor plaintiffs may recover lost profits under the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"). In Tymar Distribution LLC v. Mitchell Group USA, LLC, Case No. 21-21976-CIV-ALTONAGA/Torres (S.D. Fla. Sept. 8, 2021), the Chief Judge of the Southern District of Florida ruled that a corporate-competitor FDUTPA plaintiff could rely on its lost profits to satisfy the amount in controversy required for diversity jurisdiction. On their motion to dismiss plaintiff's FDUTPA claim, defendants argued that plaintiff's lost profits were not recoverable under FDUTPA, which allows

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Antonio F. Dias, Christopher R.J. Pace, Eliot Pedrosa, Cristina Pérez Soto, The US District Court for the Southern District of Florida rules that corporate-competitor plaintiffs may recover lost profits under the Florida Deceptive and Unfair Trade Practices Act (Tymar Distribution / Mitchell Group), 8 September 2021, e-Competitions September 2021, Art. N° 104511

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