On October 2, 2023, Judge Charles Johnson agreed that Final Summary Judgment should be entered in favor of MPA LAW’s client over a 2021 complaint filed by Carlton Fields seeking $23 million in damages. The complaint sought injunctive relief and damages under Florida Statute § 540.08, common law invasion of privacy by appropriation, and defamation by implication under Florida law. The opposition to MPA LAW’s summary judgment heavily relied on the written opinions of four international legal experts, who testified on the law and tax ramifications of the alleged actions in Argentina, Uruguay, Spain and the U.S. After a 2.5-hour Special Set Hearing, Judge Johnson granted MPA LAW’s Motion for Final Summary Judgment on all counts, agreeing that there was no material factual dispute as to any of the counts in the complaint, and further stating that the only evidence presented in opposition (experts’ declarations) was speculative in nature and, thus, inadmissible. Specifically, Judge Johnson found that “Plaintiff merely asserts speculations, ‘worst-case scenario’ hypothesis, and unsupported suspicious in a failed attempt to claim commercial use to directly promote [defendant’s] services or products that, by no means, meet the standard set forth by the Florida Courts.”

You can read Judge Johnson’s October 2, 2023 Order Granting Defendant’s Motion for Final Summary Judgment On All Counts, here.