Conroy Simberg Attorneys Secure Final Summary Judgment in Florida Deceptive and Unfair Trade Practices Act Case
Posted in Verdicts and Settlements on September 8, 2026
Partners, Cristobal Casal and Diane Tutt, along with associate Max Pennington, successfully secured a final summary judgment in a Florida Deceptive and Unfair Trade Practices Act (FDUTPA) lawsuit.
The Plaintiff alleged our client, a medical professional, made false representations about treatment outcomes. The defense successfully argued that the claims legally constituted a medical malpractice claim rather than a FDUTPA violation, meaning the Plaintiff failed to comply with mandatory statutory pre-suit requirements.
The Court agreed, ruling that a FDUTPA claim cannot be brought against a physician for the rendering of, or failure to render, medical care or services. Our client will now pursue recovery of her attorney’s fees and costs from inception for having to defend against these allegations.