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Ian Ross, left, and Erica Perdomo, right. Ian Ross, left, and Erica Perdomo, right, of   Stumphauzer Foslid Sloman Ross & Kolaya.

Uncertainty in the law is sometimes unavoidable. But sophisticated parties want predictability, and when the enforceability of commonly used provisions in commercial contracts is uncertain, practitioners need to know. The U.S. Court of Appeals for the Eleventh Circuit recently offered a useful reminder to practitioners that the enforceability of broad exculpatory clauses under Florida law remains an open question, and prodded the Florida Supreme Court for an answer.

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