Failing to file a pre-suit notice has knocked out a former attorney from his lawsuit against the Seminole Tribe of Florida over his claims he caught COVID-19 at their casino, but Nicolas Manzini said he’s not giving up just yet.

Florida’s Fourth District Court of Appeal ruled on the tribe’s petition for writ of prohibition before Broward Circuit Judge Michele Towbin-Singer, who presided after Manzini’s second amended complaint. Manzini had added the COVID-19 claim to the second complaint, seeking damages and declaratory and injunctive relief under the Florida Deceptive and Unfair Trade Practices Act and the Florida Civil Rights Act.

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