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Trial and Results

Trial: Suit Under Florida Deceptive and Unfair Trade Practice Act
Plaintiff v. Luxury Hotel Key Biscayne

Attorneys for the Defendant
DAN M. NOVIGROD
DALE R. HIGHTOWER

This case was settled for a confidential amount on the fifth day of trial for the amount of Defendant's pretrial offer.

Plaintiff was a guest at Defendant's hotel with her minor child. Plaintiff's ex-husband, with whom she was involved in an ongoing child custody dispute, asked for and obtained Plaintiff's guest receipt from the hotel. He used the receipt as evidence of bad parenting in their ongoing child custody court proceedings.

On account of the hotel's disclosure, Plaintiff brought an action for (1) Negligence, alleging a fiduciary duty to overcome the impact rule, (2) Invasion of Privacy, for giving publicity to private facts, (3) Fraud in the Inducement, as she had relied on the hotel's posted privacy policy in making her decision to stay at the hotel, and (4) Florida Deceptive and Unfair Trade Practices Act, alleging that the hotel's advertised privacy policy gave the hotel an unfair competitive advantage and that the value of the services delivered was less than the value of the services bargained for.

Moments before Plaintiff was set to testify, she decided to settle for a confidential sum, which had been offered by the Defendant a year earlier in the form of a Proposal for Settlement. Hence, the Plaintiff took the Defendant's pre-trial offer as the trial neared its conclusion.

Trial: Suit Under Florida Deceptive and Unfair Trade Practice Act
Trial: Suit Under Florida Deceptive and Unfair Trade Practice Act

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