#sb1604 — Public Fediverse posts

Summary of "[#Disney]’s Motion to Dismiss [#CFTOD]’s Amended Complaint as Moot or, in the Alternative, to Stay this Action."

❝[#SB1604] renders Plaintiff’s complaint moot because it makes any order this Court could issue—in either party’s favor—legally irrelevant. If the Court rejects the board’s claims on their merits and agrees with Disney that the contracts complied with any procedural and substantive requirements of state law, the board would still be prohibited from complying with them under the new state statute. For the same reason, even if the Court found merit in the board’s objections to the contracts, any order to that effect would be pointless because the contracts would already be void under the new state statute. In short, any declaration about the contracts’ enforceability, voidness, or validity—either way—would be an advisory opinion with no real-world consequence. Trial courts in #Florida are forbidden from issuing advisory opinions, and this case should be dismissed.

❝In the alternative, Florida law requires that the Court stay this litigation until Disney’s federal action resolves. Disney’s earlier-filed and earlier-served federal action is pending between substantially the same parties, and it involves substantially overlapping issues. In these circumstances, controlling precedents provide that the Court lacks discretion to proceed with this case. Disney regrets that it is compelled to litigate these issues anywhere, but the federal action is the proper vehicle for first hearing the parties’ dispute.

⁋90→91: Improved citation format

⁋97→98: Removed comma

⁋114→115: Footnote citation 70 shortened

⁋118→119: Correct a clause numbering error (two vii's) which had been bothering me for a while. Thanks, #Disney Lawyers!

⁋119→120: One plan implies one confirmation, striking plural in the original #complaint.

⁋146→147: Removed: "He added that efforts were underway to give the state new authority to override safety inspections at Walt Disney World, as well as to regulate Disney’s monorail transportation systems." (but see ⁋168)

Removed ⁋148, footnote citation 102 (moved to ⁋160)

Removed ⁋159, footnote citation 110, because it was about anticipated legislation which has happened.

Added ⁋⁋159-174 (new sub-section): Political collusion to retaliate by passing new legislation (#SB1604) revoking contracts. New pending legislation (#HB1305) targeting famous monorail.

⁋160→175: Same conclusion to the Factual Background: "Having exhausted all other options, Disney is left with no choice but to bring this Complaint asking the Court to stop the State of Florida from weaponizing the power of government to punish private business."

⁋161,173,178,184,191→176,189,195,202,210: The format of the incorporation statement changed; any allegations in one cause no longer daisy chain to the rest.

Added ⁋177,190,196,203,211: State all Defendants at fault for each cause

⁋162→178: Added Legislature for voiding contracts

⁋163→179: Expanded, citations improved

⁋165→181: Expanded

⁋166→182: Citation improved

⁋169→185: Expanded, added "legitimate" in anticipation of pretextual reasons to be raised in some half-assed defense.

⁋170→186: Replaces #CFTOD with "the State", Citation improved

⁋171-172→187-188: Expanded