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FLORIDA RECORD

Friday, March 29, 2024

Justin Stoltzfus News


Federal judge throws out Peoples Gas System lawsuit over natural gas explosion

By Justin Stoltzfus |
A federal judge dismissed a lawsuit filed by Peoples Gas System (PGS) against Posen Construction over a natural gas explosion.

Consumer Financial Protection Bureau's challenge to confidential designations denied in financial protection case

By Justin Stoltzfus |
WEST PALM BEACH – A judge in the U.S. District Court for the Southern District of Florida recently denied the Consumer Financial Protection Bureau's challenge to confidential designations desired by the defendant, Ocwen Financial Corporation, in a case in which CFPB is suing Ocwen for alleged violations of finance law.

Judge denies Miami-Dade County motion to dismiss suit alleging drainage system lowered water level of boat basin

By Justin Stoltzfus |
MIAMI – a judge in the U,S. District Court for the Southern District of Florida, Miami Division, recently denied a motion by Miami-Dade County to dismiss a land-use dispute case by 3630 Investment Corp.

Judge grants Wells Fargo Bank's motion for summary judgment in Miami Gardens' home loan discrimination suit

By Justin Stoltzfus |
MIAMI – A judge in the U.S. District Court for the Southern District of Florida, Miami Division, recently granted Wells Fargo Bank's motion for a summary judgment in suit brought by the city of Miami Gardens that alleged the bank engaged in discriminatory lending practices in violation of the Fair Housing Act.

Models' images allegedly used to promote swingers clubs

By Justin Stoltzfus |
About 20 models are joined to a case now in U.S. District Court for the Middle District of Florida, seeking partial summary judgment against a collection of adult businesses – the Bottle Club LLC, Eyez Wide Shut LLC and others, over the use of personal images in advertising materials.

Chinese drywall lawsuit ends in victory for insurer

By Justin Stoltzfus |
An insurance company has been awarded summary judgment in a case involving inferior and environmentally unsound Chinese drywall in U.S. District Court for the Southern District of Florida.

Court denies NRA motion to proceed with gun law challenge with anonymous plaintiffs

By Justin Stoltzfus |
TALLAHASSEE — A District Court judge in Tallahassee has ruled that in the National Rifle Association's bid to maintain gun-buying rights for 18- to 21-year-old Florida residents, the lobbying group cannot proceed using pseudonyms for individual plaintiffs.

Lawsuit over union leaders' 'double dipping' will go forward

By Justin Stoltzfus |
​A federal judge has denied a request from a postal service union president and vice president to dismiss a claim alleging they violate labor law in how they are paid.

Appeals court reverses controversial ant bite case

By Justin Stoltzfus |
​The infamous $5 million Florida ant bite verdict has been overturned.

Maritime law prevails in negligence claim against Royal Caribbean

By Justin Stoltzfus |
​​​​The plaintiffs in a negligence claim against Royal Caribbean Cruise Ltd. suffered a setback in April when Judge Federico Moreno of the U.S. District Court for the Southern District of Florida agreed to dismiss six of seven allegations contained in a lawsuit filed by plaintiffs David Disler and Kurt Weber.

Former Morgan Stanley employee owes $500,000 after seeking $3.5 million

By Justin Stoltzfus |
​A former Morgan Stanley financial adviser who filed a $3.5 wrongful termination claim in 2014 lost that case – and must pay roughly $500,000 to Morgan Stanley.

Wheels fall off scooter case

By Justin Stoltzfus |
Get it in writing. A court order from U.S. District Judge Federico Moreno for the Southern District of Florida on April 20 dismisses a case against a seller of electric scooters.

CVS case lacks hard numbers for jurisdiction

By Justin Stoltzfus |
TAMPA -- A court order from U.S. District Court, in the Middle District of Florida’s Tampa Division on Feb. 16 shows some of the dangers of providing medical advice in an informal setting, or going outside of strictly observed protocol in a commercial pharmacy.

Middle District of Florida enters default judgment in employee-misclassification lawsuit

By Justin Stoltzfus |
The U.S. District Court for the Middle District of Florida has entered a default against a company that failed to respond to Lee County woman's claims her employee status was misclassified.

Appeals court remands drug forfeiture case for lack of evidentiary hearing

By Justin Stoltzfus |
WEST PALM BEACH, Fla. -- Civil forfeiture, a major issue in today's legal world, is challenging courts to decide whether examples of law enforcement actions constitute overreach when complicated claims to money and valuables are involved.

McClelland named managing partner at Phelps Dunbar

By Justin Stoltzfus |
TAMPA — The law firm of Phelps Dunbar in Tampa has a new managing partner — Dennis McClelland, who's been involved in labor and employment law for 19 years.