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Defendants in Civil Actions May Assert the Business Judgment Rule Without Pleading an Affirmative Defense (FL)

/ Owner - March 9, 2022

On February 23, 2022, the Florida Third District Court of Appeal issued its opinion in New Horizons Condominium Master Association, Inc. v. Harding, and held that under Florida law a defendant does not waive the protections afforded by the business judgment rule even if the defendant did not plead the rule as an affirmative defense. In its opinion, the Third District analyzed case law from around the country to formulate a detailed explanation of the protections afforded by the rule and why it applies by operation of law.      Read the entire article……………………………….

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