While the first two prongs of the FDUTPA could be argued in favor of the Plaintiff, the third factor of showing actual damages will be a difficult task.

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One wonders whether this Court would have ruled in favor of the plaintiff in Brown v.

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Judges in that county have developed a reputation for certifying class actions and enforcing rules of discovery that heavily favor plaintiff lawyers.

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Certainly Kaplan has made some devastating rulings in favor of Chevron, including forcing Donziger to turn over hundreds of thousands of pages of internal documents revealing plaintiff strategy, disputes among the lawyers, and funding from outside sources.

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